Sunday, August 27, 2006




Crimes Punishable by the Death Penalty

The Bureau of Justice Statistics, Capital Punishment 2004 , (November 2005, NCJ 211349) lists the following as captial 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 10 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; treason.

Connecticut. Capital felony with 8 forms of aggravated homicide (C.G.S. 53a-54b).

Delaware. First-degree murder with 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 kidnaping, 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).

Kentucky. Murder with aggravating factors; kidnaping with aggravating factors (KRS 532.025).

Louisiana. First-degree murder; aggravated rape of victim under age 12; 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 (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 (46-18-303 MCA); capital sexual assault (45-5-503 MCA).

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 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).

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 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.

Oregon. Aggravated murder (ORS 163.095).

Pennsylvania. First-degree murder with 1 of 18 aggravating circumstances.

South Carolina. Murder with 1 of 11 aggravating circumstances (¤ 16-3-20(C)(a)).

South Dakota. First-degree murder with 1 of 10 aggravating circumstances; aggravated kidnaping.

Tennessee. First-degree murder with 1 of 15 aggravating circumstances (Tenn. Code Ann. Sec. 39-13-204).

Texas. Criminal homicide with 1 of 8 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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