Malice aforethought is a legal term that refers to the mental element required to prove murder in the first degree in federal law and in some states^{1 2}. It covers four types of intention²:

• Intention to kill (direct express malice aforethought)
• Intention to cause grievous bodily harm (direct implied malice aforethought)
• Realizing while doing a particular act that death would be a virtually certain result (indirect express malice)
• Realizing that grievous bodily harm would be a virtually certain result from the act (indirect implied malice)

An example of malice aforethought is when Edward Hartman shot Herman Smith in the back of the head, at close range, because he believed Smith to be wealthy³.