Table 1. Capital offenses by State, 2007
| 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)). |
| Arkansasa |
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. |
| Coloradob
|
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 (11 Del. C. § 4209). |
| 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). |
| Maryland |
First-degree murder, either premeditated or during
the commission of a felony, provided that certain death eligibility
requirements are satisfied. |
| Mississippi |
Capital murder (Miss. Code Ann. § 97-3-19(2)); aircraft
piracy (Miss. Code Ann. § 97-25-55(1)). |
| Missouria |
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).
|
| 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. |
| Oregon |
Aggravated murder (ORS 163.095). |
| Pennsylvania |
First-degree murder with 18 aggravating circumstances. |
| South
Carolinaa |
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 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
Dakotaa |
First-degree murder with 1 of 10 aggravating circumstances. |
| |
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. |
| Tennesseea |
First-degree murder with 1 of 15 aggravating circumstances
(Tenn. Code Ann. § 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. |
| Texasa |
Criminal homicide with 1 of 9 aggravating circumstances
(Tex. Penal Code § 19.03); super aggravated sexual assault (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. |
| Utaha |
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. |
| Virginiaa |
First-degree murder with 1 of 15 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. |
| Wyominga |
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. |
|
|
| Note:
New Jersey enacted legislation repealing the death penalty (P.L. 2007,
c.204 (NJSA 2C:11-3)), effective 12/17/2007. |
| aNine
states revised statutory provisions relating to the death penalty
during 2007. |
| bThe
Colorado Supreme Court struck a portion of that state's capital statute
on April 23, 2007 (People v. Montour, 157 P.3d 489 (Colo.
2007)). The statute (Colo. Rev. Stat. § 18-1.3-1201(1)(a))
specified that defendants pleading guilty to a class 1 felony be sentenced
by the judge, thereby requiring defendants to waive their right to
a jury trial on all facts essential to determining death penalty eligibility
as established in Ring v. Arizona. The court ruled that this
was unconstitutional under Sixth and Fourteenth Amendments. |
|
|
.
