Alabama. Murder during kidnaping, robbery, rape, sodomy, burglary, sexual assault, or arson; murder of a peace officer, correctional officer, or public official; murder while under a life sentence; murder for pecuniary gain or contract; aircraft piracy; murder by a defendant with a previous murder conviction; murder of a witness to a crime; murder when a victim is subpoenaed in a criminal proceeding, when the murder is related to the role of the victim as a witness; murder when a victim is less than 14 years old; murder in which a victim is killed while in a dwelling by a deadly weapon fired from outside the dwelling; murder in which a victim is killed while in a motor vehicle by a deadly weapon fired from outside that vehicle; murder in which a victim is killed by a deadly weapon fired from a motor vehicle (13A-5-40).
Arizona. First-degree murder accompanied by at least 1 of 10 aggravating factors.
Arkansas. Capital murder as defined by Arkansas statute (5-10-101). Felony murder; arson causing death; intentional murder of a law enforcement officer, teacher or school employee; murder of prison, jail, court, or correctional personnel or of military personnel acting in line of duty; multiple murders; intentional murder of a public officeholder or candidate; intentional murder while under life sentence; contract murder.
California. Treason; homicide by a prisoner serving a life term; first-degree murder with special circumstances; train wrecking; perjury causing execution.
Colorado. First-degree murder; kidnaping with death of victim; felony murder. Capital sentencing excludes persons determined to be mentally retarded.
Connecticut. Murder of a public safety or correctional officer; murder for pecuniary gain; murder in the course of a felony: murder by a defendant with a previous conviction for intentional murder; murder while under a life sentence; murder during a kidnaping; illegal sale of cocaine, methadone, or heroin to a person who dies from using these drugs; murder during first-degree sexual assault; multiple murders; the defendant committed the offense(s) with an assault weapon.
Delaware. First-degree murder with aggravating circumstances.
Florida. First-degree murder; capital felonies (FS 921.141); capital drug trafficking felonies (FS 921.142).
Georgia. Murder; kidnaping with bodily injury when the victim dies; aircraft hijacking; treason; kidnaping for ransom when the victim dies.
Idaho. First-degree murder; aggravated kidnaping.
Illinois. First-degree murder accompanied by at least I of 12 aggravating factors.
Indiana. Murder with 13 aggravating circumstances.
Kentucky. Aggravated murder: kidnaping when victim is killed.
Louisiana. First-degree murder; treason (La. R.S. 14:30 and 14:113).
Maryland. First-degree murder, either premeditated or during the commission of a felony.
Mississippi. Capital murder includes murder of a peace officer or correctional officer; murder while under a life sentence; murder by bomb or explosive; contract murder; murder committed during specific felonies (rape, burglary, kidnaping, arson, robbery, sexual battery, unnatural intercourse with a child, nonconsensual unnatural intercourse); and murder of an elected official. Capital rape is the forcible rape of a child under 14 years old by a person 18 years or older. Aircraft piracy.
Missouri. First-degree murder (565.020 RSMO).
Montana. Deliberate homicide; aggravated kidnaping when victim or rescuer dies; attempted deliberate homicide, aggravated assault, or aggravated kidnaping by a state prison inmate who has a prior conviction for deliberate homicide or who has been previously declared a persistent felony offender (46-18-303, MCA).
Nebraska. First-degree murder.
Nevada. First-degree murder with 9 aggravating circumstances.
New Hampshire. Contract murder; murder of a law enforcement officer; murder of a kidnaping victim; killing another after being sentenced to life imprisonment without parole.
New Jersey. Purposeful or knowing murder; contract murder.
New Mexico. First-degree murder; felony murder with aggravating circumstances.
North Carolina. First-degree murder (N.C.G.S. 14-17).
Ohio. Assassination; contract murder; murder during escape; murder while in a correctional facility; murder after conviction for a prior purposeful killing or prior attempted murder; murder of a peace officer; murder arising from specified felonies (rape, kidnaping, arson, robbery, burglary); murder of a witness to prevent testimony in a criminal proceeding or in retaliation (O.R.C. secs. 2929.02, 2903.01, 2929.04).
Oklahoma. Murder with malice aforethought; murder arising from specified felonies (forcible rape, robbery with a dangerous weapon, kidnaping, escape from lawful custody, first-degree burglary, arson); murder when the victim is a child who has been tortured, tortured, or maimed.
Oregon. Aggravated murder.
Pennsylvania. First-degree murder.
South Carolina. Murder with statutory aggravating circumstances.
South Dakota. First-degree murder; kidnaping with gross permanent physical injury inflicted on the victim; felony murder.
Tennessee. First-degree murder.
Texas. Murder of a public safety officer, fireman, or correctional employee; murder during the commission of specified felonies (kidnaping, burglary, robbery, aggravated rape, arson); murder for remuneration; multiple murders; murder during escape; murder by a state prison inmate, murder of an individual under 6 years of age.
Utah. Aggravated murder (76-5-202, Utah Code Annotated).
Virginia. Murder during the commission or attempts to commit specified felonies (abduction, armed robbery, rape, sodomy); contract murder, murder by a prisoner while in custody; murder of a law enforcement officer; multiple murders; murder of a child under 12 years during an abduction; murder arising from drug violations (18.2-31, Virginia Code as amended).
Washington. Aggravated first-degree premeditated murder.
Wyoming. First-degree murder, including both premeditated and felony murder.
This article is based on the Bureau of Justice Statistics report "Capital Punishment, 1993," NCJ-150042. Copies of the entire report are available through the Alaska Justice Statistical Analysis Unit, Justice Center.