Crimes Punishable by the Death Penalty

Posted: October 30, 2002

Crimes Punishable by the Death Penalty

Summary of States' Death Penalty Statutes - from Bureau of Justice Statistics
Death Penalty for Offenses Other Than Murder - State and Federal Laws that allow Capital Punishment when no death has occurred
DPIC's Page on Kennedy v. Louisiana, striking down the death penalty for non-homicide offenses against individuals
Those Executed Who Did Not Directly Kill the Victim
Aggravating Factors by State - lists of the factors that could make a defendant eligible for the Death Penalty
State by State Information - database of State Death Penalty information
Federal Death Penalty - Federal Laws Providing for the Death Penalty

News and Developments - Current Year

News and Developments - Previous Years

2008
2007
2006

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.

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