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
The Bureau of Justice Statistics, Capital Punishment 2008, (December 2009) 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.
California First-degree murder with special circumstances; sabotage; train wrecking causing death; treason;
perjury causing execution of an innocent person; fatal assault by a prisoner serving a life sentence.
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 (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; first-degree kidnapping; perjury resulting in death.
Illinois First-degree murder with 1 of 21 aggravating circumstances (720 Ill. Comp. Stat. 5/9-1).
Indiana Murder with 16 aggravating circumstances (IC 35-50-2-9).
Kansas Capital murder with 8 aggravating circumstances (KSA 21-3439, KSA 21-4625, KSA 21-4636).
Kentucky Murder with aggravating factors; kidnapping with aggravating factors (KRS 32.025).
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, 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)).
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 Murder committed in the course of rape, kidnapping, or drug crimes; killing of a law enforcement
officer; murder for hire; murder by an inmate while serving a sentence of life without parole (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 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).
South Dakota First-degree murder with 1 of 10 aggravating circumstances.
Revision: Revised the code ~of criminal procedure. Changes included establishing procedures to be
used by circuit judges in determining whether to stop an execution because the inmate is mentally
incompetent (SDCL § 23A-27A-22) and clarifying that persons carrying out executions are immune
from civil and/or criminal liability (SDCL § 23A-27A-31.2), effective 7/1/2008.
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 (Tex. Penal Code § 19.03).
Utah Aggravated murder (76-5-202, Utah Code Annotated).
Revision: Amended the criminal code to allow aggravating circumstances to be treated as separate
acts from the capital offense which can be prosecuted as a separate offense (Utah Code Ann.
§ 76-5-202), effective 2/26/08.
Virginia First-degree murder with 1 of 15 aggravating circumstances (VA Code § 18.2-31).
Washington Aggravated first-degree murder.
Wyoming First-degree murder; murder during the commission of sexual assault, sexual abuse of a minor,
arson, robbery, escape, resisting arrest, kidnapping, or abuse of a minor under 16.
a
The United States Supreme Court struck a portion of the Louisiana capital statute on June 25, 2008 (Kennedy v.
Louisiana, U.S. 128 S.Ct. 2641). The statute (La. Rev. Stat. Ann. § 14:42(D)(2)) allowing execution as a punishment for
the rape of a minor when no murder had been committed had been ruled constitutionally permissible by the Louisiana
Supreme Court. The U.S. Supreme Court found that since no national consensus existed for application of the death
penalty in cases of rape where no murder had been committed, such laws constiute cruel and unusual punishment under
the Eighth and Fourteenth Amendments. The ruling affects laws passed in Florida, Oklahoma, South Carolina, Texas, and
Montana.
b
The Nebraska Supreme Court struck a portion of the state’s capital statute on February 8, 2008 (State v. Mata, 745
N.W.2d 229, 278 (2008)). The court found that Nebraska’s electrocution procedure violated the state constitution’s
prohibition of cruel and unusual punishment.
c
The New York Court of Appeals has held that a portion of New York’s death penalty sentencing statute (CPL 400.27) was
unconstitutional (People v. Taylor, 9 N.Y.3d 129 (2007)). As a result, no defendants can be sentenced to death until the
legislature corrects the errors in this statute.
d
Two states revised statutory provisions relating to the death penalty during 2008.