Nevermind.
Of course there is a difference. There is a huge difference.
But let me take a minute to teach you some law. (I think you know I'm a lawyer). Oh, and good to post with you again Deified Data....its been along time.
Model Penal Code definition of murder:
[2] "Murder" – The common law definition of "murder" is "the killing of a human being by another human being with malice aforethought."
Ah! You might say.....a human being! Well let's look at the definition of human being as pursuant to the model penal code.
"[1] "Human Being" - The common law and majority approaches define the beginning of life as birth for purposes of interpreting the criminal homicide law. A minority of states now treat a viable – or, at times, even nonviable – fetus as a human being under the homicide statute."
http://www.lexisnexis.com/lawschool/study/outlines/html/crim/crim24.htm
Ah! But then you might say, well there was not malaiceaforethought.
Degrees of murder
"[3] "Intent to Inflict Grievous Bodily Injury" – Malice aforethought is implied if a person intends to cause grievous bodily injury to another, but death results. In states that grade murder by degree, this form of malice nearly always constitutes second-degree murder.
[4] Extreme Recklessness ("Depraved Heart" Murder) – Malice aforethought is implied if a person’s conduct manifests an extreme indifference to the value of human life. In states that separate murder into degrees, this type of murder almost always constitutes second-degree murder.
"
So yeah, it is inconsistent. The question again is, do we want this inconsistency?
Edit: Oh man!!! My epic post of law and everything...and everyone edited.