Table 1. Capital offenses by State, 2006
| State |
Offense |
| |
| 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. |
| 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 statutory aggravating circumstance. |
| Florida |
First-degree murder; felony murder; capital drug trafficking; capital sexual battery. |
| Georgia |
Murder; kidnapping 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). |
| 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 commission of a crime of terrorism (NJSA 2C:11-3c). |
| New Mexico |
First-degree murder with at least 1 of 7 statutorily-defined aggravating circumstances (Section 30-2-1 A, NMSA). |
| New York |
First-degree murder with 1 of 13 aggravating factors (NY Penal Law §125.27). |
| 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. |
| 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. |
| Tennessee |
First-degree murder with 1 of 15 aggravating circumstances (Tenn. Code Ann. § 39-13-204). |
| Texas |
Criminal homicide with 1 of 9 aggravating circumstances (TX Penal Code 19.03). |
| Utah |
Aggravated murder (76-5-202, Utah Code Annotated). |
| Virginia |
First-degree murder with 1 of 13 aggravating circumstances (VA Code § 18.2-31). |
| Washington |
Aggravated first-degree murder. |
| Wyoming |
First-degree murder. |
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| * Revised statutory provisions relating to the death penalty during 2006. |
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