§ 22–2101. Murder in the first degree — Purposeful killing; killing while perpetrating certain crimes.

Whoever, being of sound memory and discretion, kills another purposely, either of deliberate and premeditated malice or by means of poison, or in perpetrating or attempting to perpetrate an offense punishable by imprisonment in the penitentiary, or without purpose to do so kills another in perpetrating or in attempting to perpetrate any arson, as defined in § 22-301 or § 22-302, first degree sexual abuse, first degree child sexual abuse, first degree cruelty to children, mayhem, robbery, or kidnaping, or in perpetrating or attempting to perpetrate any housebreaking while armed with or using a dangerous weapon, or in perpetrating or attempting to perpetrate a felony involving a controlled substance, is guilty of murder in the first degree. For purposes of imprisonment following revocation of release authorized by § 24-403.01(b)(7), murder in the first degree is a Class A felony.

(Mar. 3, 1901, 31 Stat. 1321, ch. 854, § 798; June 12, 1940, 54 Stat. 347, ch. 339; Sept. 26, 1992, D.C. Law 9-153, § 2(a), 39 DCR 3868; May 23, 1995, D.C. Law 10-257, § 401(b)(1), 42 DCR 53; May 16, 1998, D.C. Law 12-113, § 2, 44 DCR 6931; June 8, 2001, D.C. Law 13-302, § 4(a), 47 DCR 7249.)

Prior Codifications

1981 Ed., § 22-2401.

1973 Ed., § 22-2401.

Section References

This section is referenced in § 7-627, § 7-651.12, § 11-502, § 22-2103, § 22-3152, § 22-4001, § 23-113, § 23-546, § 24-112, § 24-211.07, and § 24-251.02.

Effect of Amendments

D.C. Law 13-302 added the last sentence.

Cross References

Life-sustaining procedures, health care provider immunity for good faith conduct, see § 7-627.

Sex offender registration, sexually violent offense defined, see § 22-4101.

Emergency Legislation

For temporary (90-day) amendment of section, see § 4(a) of the Sentencing Reform Emergency Amendment Act of 2000 (D.C. Act 13-410, August 11, 2000, 47 DCR 7271).

For temporary (90 day) amendment of section, see §§ 4(a) and 11 of the Sentencing Reform Congressional Review Emergency Amendment Act of 2001 (D.C. Act 13-462, November 7, 2000, 47 DCR 9443).

For temporary (90 day) amendment of section, see § 4(a) of Sentencing Reform Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-2, February 2, 2001, 48 DCR 2239).

For temporary (90 day) amendment of section, see § 4(a) of Sentencing Reform Second Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-51, May 2, 2001, 48 DCR 4370).

Editor's Notes

Section 11 of D.C. Law 13-302 provided: “This act shall apply to offenses committed on or after August 5, 2000.”