The Bureau of Justice Statistics, Capital Punishment 2007, (December 2008) lists the following as capital crimes, by state:
Alabama. Intentional murder with 18 aggravating factors (Ala. Stat. Ann. 13A-5-40(a)(1)-(18)).
Arizona. First-degree murder accompanied by at least 1 of 14 aggravating factors (A.R.S 13-703(F)).
Arkansas. Capital murder (Ark. Code Ann. 5-10-101) with a finding of at least 1 of 10 aggravating circumstances;
treason.
Revision: Amended the definition of capital murder to include murder committed in the
course of robbery, aggravated robbery, residential burglary, or commercial burglary (Ark. Cod Ann. § 5-10-101 (Supp. 2007)),
effective 7/31/2007.
California. First-degree murder with special circumstances; train wrecking; treason; perjury causing execution.
Colorado. First-degree murder with at least 1 of 17 aggravating factors; first-degree kidnapping resulting in death;
treason.
Connecticut. Capital felony with 8 forms of aggravated homicide (C.G.S. 53a-54b).
Delaware. First-degree murder with at least 1 aggravating circumstances.
Florida. First-degree murder; felony murder; capital drug trafficking; capital sexual battery.
Georgia. Murder; kidnaping with bodily injury or ransom when the victim dies; aircraft hijacking; treason.
Idaho. First-degree murder with aggravating factors; aggravated kidnapping, perjury resulting in death.
Illinois. First-degree murder with 1 of 21 aggravating circumstances.
Indiana. Murder with 16 aggravating circumstances (IC 35-50-2-9).
Kansas. Capital murder with 8 aggravating circumstances (KSA 21-3439, KSA 21-4625).
Kentucky. Murder with aggravating factors; kidnapping with aggravating factors (KRS 32.025).
Louisiana. First-degree murder; aggravated rape of victim under age 13; treason (La. R.S. 14:30, 14:42, and 14:113).
Revision: Revised the definition of aggravated rape as a capital-eligible offense to
include any offense involving victims under age 13. (2006 La. Sess. Law, Act 178), effective 8/15/2006.
Maryland. First-degree murder, either premeditated or during the commission of a felony, provided that certain death
eligibility requirements are satisfied.
Mississippi. Capital murder (97-3-19(2) MCA); aircraft piracy (97-25-55(1) MCA).
Missouri. First-degree murder (565.020 RSMO 2000).
Revision: Added to the capital statute provisions for selecting members of the execution
team and prohibiting disclosure of the identity of anyone who has been on the execution team (Mo. Rev. Stat § 546.720), effective
8/28/2007.
Montana. Capital murder with 1 of 9 aggravating circumstances (Mont. Code Ann. § 46-18-303); aggravated sexual intercourse
without consent (Mont. Code Ann. § 45-5-503).
Nebraska. First-degree murder with a finding of at least 1 statutorily-defined aggravating circumstance.
Nevada. First-degree murder with at least 1 of 15 aggravating circumstances (NRS 200.030, 200.033, 200.035).
New Hampshire. Six categories of capital murder (RSA 630:1, RSA 630:5).
Revision: Amended the capital statute to increase the minimum age of eligibility for
a death sentence from 17 to 18 years at the time the offense was committed (N.H. Rev. Stat. Ann. 630:1,V), effective 1/1/2006.
New Jersey. Murder by one's own conduct, by solicitation, committed in furtherance of a narcotics conspiracy, or
during the commission of the crime of terrorism (NJSA 2C:11-3C). NOTE: On December 17, 2007,
the New Jersey death penalty was abolished.
New Mexico. First-degree murder with at least 1 of 7 statutorily-defined aggravating circumstances (Section 30-2-1
A, NMSA). NOTE: On March 18, 2009, the New Mexico death penalty was abolished.
New York. First-degree murder with 1 of 13 aggravating factors (NY Penal Law Sec. 125.27). NOTE:
On June 24, 2004, the New York death penalty statute was ruled unconstitutional.
North Carolina. First-degree murder (NCGS 14-17).
Ohio. Aggravated murder with at least 1 of 10 aggravating circumstances (O.R.C. secs. 2903.01, 2929.02, and 2929.04).
Oklahoma. First-degree murder in conjunction with a finding of at least 1 of 8 statutorily-defined aggravating circumstances;
sex crimes against a child under 14 years of age.
Revision: Added as a capital offense sex crimes against a child under 14 years of age
when the offender has a previous conviction for a similar offense (Okla. Stat. Ann. 10 § 7115), effective 7/1/2006.
Oregon. Aggravated murder (ORS 163.095).
Pennsylvania. First-degree murder with 18 aggravating circumstances.
South Carolina. Murder with 1 of 12 aggravating circumstances (§ 16-3-20(C)(a)); criminal sexual conduct
with a minor with 1 of 9 aggravators (§ 16-3-655).
Revision: Added as a capital offense second and subsequent offenses of first-degree
criminal sexual conduct with a minor who is less than 11 years of age (§16-3-655). Lawmakers also added as an aggravating
factor murder committed by a person deemed a sexually violent predator under South Carolina law (§16-3-20(C)(a)(12). Both
changes were effective 7/1/2006.
Revision: Added as an aggravating circumstance murder committed while in the commission
of first-degree arson (§ 16-3-20(C)(a)(1)(j)), effective 6/18/2007.
South Dakota. First-degree murder with 1 of 10 aggravating circumstances.
Revision:Amended the definition of aggravated kidnapping to eliminate
death as a possible sentence (SDCL 22-19-1), effective 7/1/2006.
Revision: Amended the code of criminal procedure to allow for use of a 3-drug protocol
in administering lethal injection (SDCL § 23A-27A-32), effective 7/1/2007.
Tennessee. First-degree murder with 1 of 15 aggravating circumstances
(Tenn. Code Ann. Sec. 39-13-204).
Revision: Amended the definition of first-degree murder to include killing in the perpetration
of rape or aggravated rape of a child (Tenn Code Ann. § 39-13-202(a)(2)), effective 7/1/2007.
Texas. Criminal homicide with 1 of 9 aggravating circumstances
(TX Penal Code 19.03); super aggravated sexual assualt (Tex. Penal Code § 12.42(c)(3)).
Revision: Revised the penal code and the code of criminal procedure to allow the death
penalty for aggravated sexual assault of victims under the age of 14 when the offender has a previous conviction for a similar
offense (TX Penal Code § 12.42(c)(3) and Tex. Code Crim. Proc. Art. 37.072), effective 9/1/2007.
Utah. Aggravated murder (76-5-202, Utah Code Annotated).
Revision: Amended the criminal code to allow for an automatic sentence of life without
parole if the death penalty is ruled unconstitutional (Utah Code Ann. § 76-3-207) and added to the definition of aggravated
murder intentional killing when the victim is younger than 14 years of age (Utah Code Ann. § 76-5-202(t)). Both changes became
effective 4/30/07.
Virginia. First-degree murder with 1 of 13 aggravating circumstances
(VA Code 18.2-31).
Revision: Added to the definition of capital murder willful, deliberate, and premeditated
killing of a judge or a witness when the killing is for the purpose of interfering with the person's duties in a criminal
case (Va. Code § 18.2-31(14) and (15)), effective 7/1/2007.
Washington. Aggravated first-degree murder.
Wyoming. First-degree murder.
Revision: Added as a capital offense murder during the commission of sexual abuse of
a minor (W.S. § 6-2-101), effective 7/1/2007.
