AGGRAVATING FACTORS FOR CAPITAL PUNISHMENT BY STATE

Sources:
Jeffrey Kirchmeier, "Aggravating and Mitigating Factors: The Paradox of Today's Arbitrary and Mandatory Capital Punishment Scheme," 6 William & Mary Bill of Rights Journal 345 (1998), (available https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1028382).

Jeffrey Kirchmeier, "Casting a Wider Net: Another Decade of Legislative Expansion of the Death Penalty in the United States," 34 Pepperdine Law Review 1 (2006), (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=959400).

For aggravating and mitigating factors in the federal death penalty statute, see Terry Lenamon's list.


Alabama: Ala. Stat. Ann. 13A-5-40(a)(1)-(19)

(1) Murder by the defendant during a kidnapping in the first degree or an attempt thereof committed by the defendant.
(2) Murder by the defendant during a robbery in the first degree or an attempt thereof committed by the defendant.
(3) Murder by the defendant during a rape in the first or second degree or an attempt thereof committed by the defendant;  or murder by the defendant during sodomy in the first or second degree or an attempt thereof committed by the defendant.
(4) Murder by the defendant during a burglary in the first or second degree or an attempt thereof committed by the defendant.
(5) Murder of any police officer, sheriff, deputy, state trooper, federal law enforcement officer, or any other state or federal peace officer of any kind, or prison or jail guard, while such officer or guard is on duty, regardless of whether the defendant knew or should have known the victim was an officer or guard on duty, or because of some official or job-related act or performance of such officer or guard.
(6) Murder committed while the defendant is under sentence of life imprisonment.
(7) Murder done for a pecuniary or other valuable consideration or pursuant to a contract or for hire.
(8) Murder by the defendant during sexual abuse in the first or second degree or an attempt thereof committed by the defendant.
(9) Murder by the defendant during arson in the first or second degree committed by the defendant;  or murder by the defendant by means of explosives or explosion.
(10) Murder wherein two or more persons are murdered by the defendant by one act or pursuant to one scheme or course of conduct.
(11) Murder by the defendant when the victim is a state or federal public official or former public official and the murder stems from or is caused by or is related to his official position, act, or capacity.
(12) Murder by the defendant during the act of unlawfully assuming control of any aircraft by use of threats or force with intent to obtain any valuable consideration for the release of said aircraft or any passenger or crewmen thereon or to direct the route or movement of said aircraft, or otherwise exert control over said aircraft.
(13) Murder by a defendant who has been convicted of any other murder in the 20 years preceding the crime;  provided that the murder which constitutes the capital crime shall be murder as defined in subsection (b) of this section;  and provided further that the prior murder conviction referred to shall include murder in any degree as defined at the time and place of the prior conviction.
(14) Murder when the victim is subpoenaed, or has been subpoenaed, to testify, or the victim had testified, in any preliminary hearing, grand jury proceeding, criminal trial or criminal proceeding of whatever nature, or civil trial or civil proceeding of whatever nature, in any municipal, state, or federal court, when the murder stems from, is caused by, or is related to the capacity or role of the victim as a witness.
(15) Murder when the victim is less than fourteen years of age.
(16) Murder committed by or through the use of a deadly weapon fired or otherwise used from outside a dwelling while the victim is in a dwelling.
(17) Murder committed by or through the use of a deadly weapon while the victim is in a vehicle.
(18) Murder committed by or through the use of a deadly weapon fired or otherwise used within or from a vehicle.
(19) Murder by the defendant where a court had issued a protective order for the victim, against the defendant, pursuant to Section 30-5-1 et seq., or the protective order was issued as a condition of the defendant's pretrial release.

Arizona: A.R.S. § 13-751

(1) The defendant has been convicted of another offense in the United States for which under Arizona law a sentence of life imprisonment or death was imposable.
(2) The defendant has been or was previously convicted of a serious offense, whether preparatory or completed. Convictions for serious offenses committed on the same occasion as the homicide, or not committed on the same occasion but consolidated for trial with the homicide, shall be treated as a serious offense under this paragraph.
(3) In the commission of the offense the defendant knowingly created a grave risk of death to another person or persons in addition to the person murdered during the commission of the offense.
(4) The defendant procured the commission of the offense by payment, or promise of payment, of anything of pecuniary value.
(5) The defendant committed the offense as consideration for the receipt, or in expectation of the receipt, of anything of pecuniary value.
(6) The defendant committed the offense in an especially heinous, cruel or depraved manner.
(7) The defendant committed the offense while:

(a) In the custody of or on authorized or unauthorized release from the state department of corrections, a law enforcement agency or a county or city jail.
(b) On probation for a felony offense.

(8) The defendant has been convicted of one or more other homicides, as defined in section 13-1101, that were committed during the commission of the offense.
(9) The defendant was an adult at the time the offense was committed or was tried as an adult and the murdered person was under fifteen years of age, was an unborn child in the womb at any stage of its development or was seventy years of age or older.
(10) The murdered person was an on duty peace officer who was killed in the course of performing the officer's official duties and the defendant knew, or should have known, that the murdered person was a peace officer.
(11) The defendant committed the offense with the intent to promote, further or assist the objectives of a criminal street gang or criminal syndicate or to join a criminal street gang or criminal syndicate.
(12) The defendant committed the offense to prevent a person's cooperation with an official law enforcement investigation, to prevent a person's testimony in a court proceeding, in retaliation for a person's cooperation with an official law enforcement investigation or in retaliation for a person's testimony in a court proceeding.
(13) The offense was committed in a cold, calculated manner without pretense of moral or legal justification.
(14) The defendant used a remote stun gun or an authorized remote stun gun in the commission of the offense. For the purposes of this paragraph:

(a) "Authorized remote stun gun" means a remote stun gun that has all of the following:

(i) An electrical discharge that is less than one hundred thousand volts and less than nine joules of energy per pulse.
(ii) A serial or identification number on all projectiles that are discharged from the remote stun gun.
(iii) An identification and tracking system that, on deployment of remote electrodes, disperses coded material that is traceable to the purchaser through records that are kept by the manufacturer on all remote stun guns and all individual cartridges sold.
(iv) A training program that is offered by the manufacturer.

(b) "Remote stun gun" means an electronic device that emits an electrical charge and that is designed and primarily employed to incapacitate a person or animal either through contact with electrodes on the device itself or remotely through wired probes that are attached to the device or through a spark, plasma, ionization or other conductive means emitting from the device.

Arkansas: Ark. Code Ann. 5-10-101
(1) Acting alone or with one (1) or more other persons:

(A) The person commits or attempts to commit:

(i) Terrorism, as defined in 5-54-205;
(ii) Rape, 5-14-103;
(iii) Kidnapping, 5-11-102;
(iv) Vehicular piracy, 5-11-105;
(v) Robbery, 5-12-102;
(vi) Aggravated robbery, 5-12-103;
(vii) Residential burglary, 5-39-201(a);
(viii) Commercial burglary, 5-39-201(b);
(ix) Aggravated residential burglary, 5-39-204;
(x) A felony violation of the Uniform Controlled Substances Act, 5-64-101 -- 5-64-508, involving an actual delivery of a controlled substance; or
(xi) First degree escape, 5-54-110; and

(B) In the course of and in furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of a person under circumstances manifesting extreme indifference to the value of human life;

(2) Acting alone or with one (1) or more other persons:

(A) The person commits or attempts to commit arson, 5-38-301; and
(B) In the course of and in furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of any person;

(3) With the premeditated and deliberated purpose of causing the death of any law enforcement officer, jailer, prison official, firefighter, judge or other court official, probation officer, parole officer, any military personnel, or teacher or school employee, when such person is acting in the line of duty, the person causes the death of any person;
(4) With the premeditated and deliberated purpose of causing the death of another person, the person causes the death of any person;
(5) With the premeditated and deliberated purpose of causing the death of the holder of any public office filled by election or appointment or a candidate for public office, the person causes the death of any person;
(6) While incarcerated in the Department of Correction or the Department of Community Correction, the person purposely causes the death of another person after premeditation and deliberation;
(7) Pursuant to an agreement that the person cause the death of another person in return for anything of value, he or she causes the death of any person;
(8) The person enters into an agreement in which a person is to cause the death of another person in return for anything of value, and a person hired pursuant to the agreement causes the death of any person;
(9) (A) Under circumstances manifesting extreme indifference to the value of human life, the person knowingly causes the death of a person fourteen (14) years of age or younger at the time the murder was committed if the defendant was eighteen (18) years of age or older at the time the murder was committed. (B) It is an affirmative defense to any prosecution under this subdivision (a)(9) arising from the failure of the parent, guardian, or person standing in loco parentis to provide specified medical or surgical treatment, that the parent, guardian, or person standing in loco parentis relied solely on spiritual treatment through prayer in accordance with the tenets and practices of an established church or religious denomination of which he or she is a member; or
(10) The person:

(A) Purposely discharges a firearm from a vehicle at a person or at a vehicle, conveyance, or a residential or commercial occupiable structure that he or she knows or has good reason to believe to be occupied by a person; and
(B) Thereby causes the death of another person under circumstances manifesting extreme indifference to the value of human life.

California: Cal. Penal Code § 190.2

(1) The murder was intentional and carried out for financial gain.
(2) The defendant was convicted previously of murder in the first or second degree. For the purpose of this paragraph, an offense committed in another jurisdiction, which if committed in California would be punishable as first or second degree murder, shall be deemed murder in the first or second degree.
(3) The defendant, in this proceeding, has been convicted of more than one offense of murder in the first or second degree.
(4) The murder was committed by means of a destructive device, bomb, or explosive planted, hidden, or concealed in any place, area, dwelling, building, or structure, and the defendant knew, or reasonably should have known, that his or her act or acts would create a great risk of death to one or more human beings.
(5) The murder was committed for the purpose of avoiding or preventing a lawful arrest, or perfecting or attempting to perfect, an escape from lawful custody.
(6) The murder was committed by means of a destructive device, bomb, or explosive that the defendant mailed or delivered, attempted to mail or deliver, or caused to be mailed or delivered, and the defendant knew, or reasonably should have known, that his or her act or acts would create a great risk of death to one or more human beings.
(7) The victim was a peace officer...who, while engaged in the course of the performance of his or her duties, was intentionally killed, and the defendant knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her duties; or the victim was a peace officer...or a former peace officer under any of those sections, and was intentionally killed in retaliation for the performance of his or her official duties.
(8) The victim was a federal law enforcement officer or agent who, while engaged in the course of the performance of his or her duties, was intentionally killed, and the defendant knew, or reasonably should have known, that the victim was a federal law enforcement officer or agent engaged in the performance of his or her duties; or the victim was a federal law enforcement officer or agent, and was intentionally killed in retaliation for the performance of his or her official duties.
(9) The victim was a firefighter...who, while engaged in the course of the performance of his or her duties, was intentionally killed, and the defendant knew, or reasonably should have known, that the victim was a firefighter engaged in the performance of his or her duties.
(10) The victim was a witness to a crime who was intentionally killed for the purpose of preventing his or her testimony in any criminal or juvenile proceeding, and the killing was not committed during the commission or attempted commission, of the crime to which he or she was a witness; or the victim was a witness to a crime and was intentionally killed in retaliation for his or her testimony in any criminal or juvenile proceeding.
(11) The victim was a prosecutor or assistant prosecutor or a former prosecutor or assistant prosecutor of any local or state prosecutor's office in this or any other state, or of a federal prosecutor's office, and the murder was intentionally carried out in retaliation for, or to prevent the performance of, the victim's official duties.
(12) The victim was a judge or former judge of any court of record in the local, state, or federal system in this or any other state, and the murder was intentionally carried out in retaliation for, or to prevent the performance of, the victim's official duties.
(13) The victim was an elected or appointed official or former official of the federal government, or of any local or state government of this or any other state, and the killing was intentionally carried out in retaliation for, or to prevent the performance of, the victim's official duties.
(14) The murder was especially heinous, atrocious, or cruel, manifesting exceptional depravity. As used in this section, the phrase "especially heinous, atrocious, or cruel, manifesting exceptional depravity" means a conscienceless or pitiless crime that is unnecessarily torturous to the victim.
(15) The defendant intentionally killed the victim by means of lying in wait.
(16) The victim was intentionally killed because of his or her race, color, religion, nationality, or country of origin.
(17) The murder was committed while the defendant was engaged in, or was an accomplice in, the commission of, attempted commission of, or the immediate flight after committing, or attempting to commit, the following felonies:

(A) Robbery in violation of Section 211 or 212.5.
(B) Kidnapping in violation of Section 207, 209, or 209.5.
(C) Rape in violation of Section 261.
(D) Sodomy in violation of Section 286.
(E) The performance of a lewd or lascivious act upon the person of a child under the age of 14 years in violation of Section 288.
(F) Oral copulation in violation of Section 288a.
(G) Burglary in the first or second degree in violation of Section 460.
(H) Arson in violation of subdivision (b) of Section 451.
(I) Train wrecking in violation of Section 219.
(J) Mayhem in violation of Section 203.
(K) Rape by instrument in violation of Section 289.
(L) Carjacking, as defined in Section 215.
(M) To prove the special circumstances of kidnapping in subparagraph (B), or arson in subparagraph (H), if there is specific intent to kill, it is only required that there be proof of the elements of those felonies. If so established, those two special circumstances are proven even if the felony of kidnapping or arson is committed primarily or solely for the purpose of facilitating the murder.

(18) The murder was intentional and involved the infliction of torture.
(19) The defendant intentionally killed the victim by the administration of poison.
(20) The victim was a juror in any court of record in the local, state, or federal system in this or any other state, and the murder was intentionally carried out in retaliation for, or to prevent the performance of, the victim's official duties.
(21) The murder was intentional and perpetrated by means of discharging a firearm from a motor vehicle, intentionally at another person or persons outside the vehicle with the intent to inflict death.
(22) The defendant intentionally killed the victim while the defendant was an active participant in a criminal street gang...and the murder was carried out to further the activities of the criminal street gang.

Colorado: C.R.S. § 18-1.3-1201(5)

(1) The class 1 felony was committed by a person under sentence of imprisonment for a class 1, 2, or 3 felony as defined by Colorado law or United States law, or for a crime committed against another state or the United States which would constitute a class 1, 2, or 3 felony as defined by Colorado law<
(2) The defendant was previously convicted in this state of a class 1 or 2 felony involving violence as specified in section 18-1.3-406, or was previously convicted by another state or the United States of an offense which would constitute a class 1 or 2 felony involving violence as defined by Colorado law in section 18-1.3-406
(3) The defendant intentionally killed any of the following persons while the person was engaged in the course of the performance of the person's official duties, and the defendant knew or reasonably should have known that the victim was a person engaged in the performance of the person's official duties, or the victim was intentionally killed in retaliation for the performance of the victim's official duties:

(I) A peace officer or former peace officer as described in section 16-2.5-101, C.R.S.; or
(II) A firefighter as defined in section 24-33.5-1202 (4), C.R.S.; or
(II.5) An emergency medical service provider, as defined in section 18-3-201 (1); or
(III) A judge, referee, or former judge or referee of any court of record in the state or federal system or in any other state court system or a judge or former judge in any municipal court in this state or in any other state. For purposes of this subparagraph (III), the term "referee" shall include a hearing officer or any other officer who exercises judicial functions.
(IV) An elected state, county, or municipal official; or
(V) A federal law enforcement officer or agent or former federal law enforcement officer or agent

(4) The defendant intentionally killed a person kidnapped or being held as a hostage by the defendant or by anyone associated with the defendant
(5) The defendant has been a party to an agreement to kill another person in furtherance of which a person has been intentionally killed
(6) The defendant committed the offense while lying in wait, from ambush, or by use of an explosive or incendiary device or a chemical, biological, or radiological weapon. As used in this paragraph (f), "explosive or incendiary device" means:

(I) Dynamite and all other forms of high explosives; or
(II) Any explosive bomb, grenade, missile, or similar device; or
(III) Any incendiary bomb or grenade, fire bomb, or similar device, including any device which consists of or includes a breakable container including a flammable liquid or compound, and a wick composed of any material which, when ignited, is capable of igniting such flammable liquid or compound, and can be carried or thrown by one individual acting alone.

(7) The defendant committed a class 1, 2, or 3 felony and, in the course of or in furtherance of such or immediate flight therefrom, the defendant intentionally caused the death of a person other than one of the participants
(8) The class 1 felony was committed for pecuniary gain
(9) In the commission of the offense, the defendant knowingly created a grave risk of death to another person in addition to the victim of the offense
(10) The defendant committed the offense in an especially heinous, cruel, or depraved manner
(11) The class 1 felony was committed for the purpose of avoiding or preventing a lawful arrest or prosecution or effecting an escape from custody. This factor shall include the intentional killing of a witness to a criminal offense.
(12) The defendant unlawfully and intentionally, knowingly, or with universal malice manifesting extreme indifference to the value of human life generally, killed two or more persons during the commission of the same criminal episode
(13) The defendant intentionally killed a child who has not yet attained twelve years of age
(14) The defendant committed the class 1 felony against the victim because of the victim's race, color, ancestry, religion, or national origin
(15) The defendant's possession of the weapon used to commit the class 1 felony constituted a felony offense under the laws of this state or the United States
(16) The defendant intentionally killed more than one person in more than one criminal episode
(17) The victim was a pregnant woman, and the defendant intentionally killed the victim, knowing she was pregnant.

Connecticut- (abolished death penalty in 2012)
(1)The murder was especially heinous, atrocious, cruel, or depraved (or involved torture)
(2) The capital offense was committed during the commission of, attempt of, or escape from a specified felony (such as robbery, kidnapping, rape, sodomy, arson, oral copulation, train wrecking, carjacking, criminal gang activity, drug dealing, or aircraft piracy)
(3) The defendant knowingly created a grave risk of death for one or more persons in addition to the victim of the offense
(4)The defendant committed the offense with an assault weapon
(5) The defendant caused or directed another to commit murder, or the defendant procured the commission of the offense by payment, promise of payment, or anything of pecuniary value
(6) The defendant has been convicted of, or committed, a prior murder, a felony involving violence, or other serious felony
(7)The defendant committed the murder to avoid arrest for a criminal act or prevent detection of a criminal act or to hamper or prevent the victim from carrying out any act within the scope of the victim’s official duties or to retaliate against the victim for the performance of the victim’s official duties
(8)Murder of a person under 16 years of age
(9) Murders, while the victim was acting within the scope of his duties, a police officer, Division of Criminal Justice inspector, state marshal exercising his statutory authority, judicial marshal performing his duties, constable performing law enforcement duties, special policeman, conservation or special conservation officer appointed by the environmental protection commissioner, Department of Correction (DOC) employee or service provider acting within the scope of his employment in a correctional facility and the perpetrator is an inmate, or firefighter;

Delaware: (Death sentencing statute struck down 2016) 11 Del. C. § 4209

(1) The murder was committed by a person in, or who has escaped from, the custody of a law-enforcement officer or place of confinement.
(2) The murder was committed for the purpose of avoiding or preventing an arrest or for the purpose of effecting an escape from custody.
(3) The murder was committed against any law-enforcement officer, corrections employee, firefighter, paramedic, emergency medical technician, fire marshal or fire police officer while such victim was engaged in the performance of official duties.
(4) The murder was committed against a judicial officer, a former judicial officer, Attorney General, former Attorney General, Assistant or Deputy Attorney General or former Assistant or Deputy Attorney General, State Detective or former State Detective, Special Investigator or former Special Investigator, during, or because of, the exercise of an official duty.
(5) The murder was committed against a person who was held or otherwise detained as a shield or hostage.
(6) The murder was committed against a person who was held or detained by the defendant for ransom or reward.
(7) The murder was committed against a person who was a witness to a crime and who was killed for the purpose of preventing the witness's appearance or testimony in any grand jury, criminal or civil proceeding involving such crime, or in retaliation for the witness's appearance or testimony in any grand jury, criminal or civil proceeding involving such crime.
(8) The defendant paid or was paid by another person or had agreed to pay or be paid by another person or had conspired to pay or be paid by another person for the killing of the victim.
(9) The defendant was previously convicted of another murder or manslaughter or of a felony involving the use of, or threat of, force or violence upon another person.
(10) The murder was committed while the defendant was engaged in the commission of, or attempt to commit, or flight after committing or attempting to commit any degree of rape, unlawful sexual intercourse, arson, kidnapping, robbery, sodomy, burglary, or home invasion.
(11) The defendant's course of conduct resulted in the deaths of 2 or more persons where the deaths are a probable consequence of the defendant's conduct.
(12) The murder was outrageously or wantonly vile, horrible or inhuman in that it involved torture, depravity of mind, use of an explosive device or poison or the defendant used such means on the victim prior to murdering the victim.
(13) The defendant caused or directed another to commit murder or committed murder as an agent or employee of another person.
(14) The defendant was under a sentence of life imprisonment, whether for natural life or otherwise, at the time of the commission of the murder.
(15) The murder was committed for pecuniary gain.
(16) The victim was pregnant.
(17) The victim was particularly vulnerable due to a severe intellectual, mental or physical disability.
(18) The victim was 62 years of age or older.
(19) The victim was a child 14 years of age or younger, and the murder was committed by an individual who is at least 4 years older than the victim.
(20) At the time of the killing, the victim was or had been a nongovernmental informant or had otherwise provided any investigative, law enforcement or police agency with information concerning criminal activity, and the killing was in retaliation for the victim's activities as a nongovernmental informant or in providing information concerning criminal activity to an investigative, law enforcement or police agency.
(21) The murder was premeditated and the result of substantial planning. Such planning must be as to the commission of the murder itself and not simply as to the commission or attempted commission of any underlying felony.
(22) The murder was committed for the purpose of interfering with the victim's free exercise or enjoyment of any right, privilege or immunity protected by the First Amendment to the United States Constitution, or because the victim has exercised or enjoyed said rights, or because of the victim's race, religion, color, disability, national origin or ancestry.

Florida:  Fl. Stat. 921.141(6)

(1)    The capital felony was committed by a person previously convicted of a felony and under sentence of imprisonment or placed on community control or on felony probation.
(2) The defendant was previously convicted of another capital felony or of a felony involving the use or threat of violence to the person.
(3) The defendant knowingly created a great risk of death to many persons.
(4) The capital felony was committed while the defendant was engaged, or was an accomplice, in the commission of, or an attempt to commit, or flight after committing or attempting to commit, any: robbery; sexual battery; aggravated child abuse; abuse of an elderly person or disabled adult resulting in great bodily harm, permanent disability, or permanent disfigurement; arson; burglary; kidnapping; aircraft piracy; or unlawful throwing, placing, or discharging of a destructive device or bomb.
(5) The capital felony was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from custody.
(6) The capital felony was committed for pecuniary gain.
(7) The capital felony was committed to disrupt or hinder the lawful exercise of any governmental function or the enforcement of laws.
(8) The capital felony was especially heinous, atrocious, or cruel.
(9) The capital felony was a homicide and was committed in a cold, calculated, and premeditated manner without any pretense of moral or legal justification.
(10) The victim of the capital felony was a law enforcement officer engaged in the performance of his or her official duties.
(11) The victim of the capital felony was an elected or appointed public official engaged in the performance of his or her official duties if the motive for the capital felony was related, in whole or in part, to the victim’s official capacity.
(12) The victim of the capital felony was a person less than 12 years of age.
(13) The victim of the capital felony was particularly vulnerable due to advanced age or disability, or because the defendant stood in a position of familial or custodial authority over the victim.
(14) The capital felony was committed by a criminal gang member, as defined in s. 874.03.
(15) The capital felony was committed by a person designated as a sexual predator pursuant to s. 775.21 or a person previously designated as a sexual predator who had the sexual predator designation removed.
(16) The capital felony was committed by a person subject to an injunction issued pursuant to s.741.30 or s. 784.046, or a foreign protection order accorded full faith and credit pursuant to s.741.315, and was committed against the petitioner who obtained the injunction or protection order or any spouse, child, sibling, or parent of the petitioner.

Georgia-
(1)The murder was especially heinous, atrocious, cruel, or depraved (or involved torture)
(2) The defendant knowingly created a grave risk of death for one or more persons in addition to the victim of the offense
(3) The murder was committed for pecuniary gain or pursuant to an agreement that the defendant would receive something of value
(4) The defendant caused or directed another to commit murder, or the defendant procured the commission of the offense by payment, promise of payment, or anything of pecuniary value
(5) The murder was committed to avoid or prevent arrest, to effect an escape, or to conceal the commission of a crime
(6) The defendant has been convicted of, or committed, a prior murder, a felony involving violence, or other serious felony
(7) The capital offense was committed by a person who is incarcerated, has escaped, is on probation, is in jail, or is under a sentence of imprisonment
(8) The victim was a government employee, including peace officers, police officers, federal agents, firefighters, judges, jurors, defense attorneys, and prosecutors, in the course of his or her duties
(9)The victim was a correctional officer
(10)The defendant committed treason
(11)The offense of murder, rape, or kidnapping was committed by a person previously convicted of rape, aggravated sodomy, aggravated child molestation, or aggravated sexual battery


Idaho-
(1)The murder was especially heinous, atrocious, cruel or depraved (or involved torture)
(2) The capital offense was committed during the commission of, attempt of, or escape from a specified felony (such as robbery, kidnapping, rape, sodomy, arson, oral copulation, train wrecking, carjacking, criminal gang activity, drug dealing, or aircraft piracy)
(3) The defendant knowingly created a grave risk of death for one or more persons in addition to the victim of the offense
(4) The defendant committed or attempted to commit more than one murder at the same time
(5) The murder was committed for pecuniary gain or pursuant to an agreement that the defendant would receive something of value
(6) The defendant caused or directed another to commit murder, or the defendant procured the commission of the offense by payment, promise of payment, or anything of pecuniary value
(7)The defendant is a future danger
(8) The defendant has been convicted of, or committed, a prior murder, a felony involving violence, or other serious felony
(9) The victim was a government employee, including peace officers, police officers, federal agents, firefighters, judges, jurors, defense attorneys, and prosecutors, in the course of his or her duties
(10)The murder was committed against a witness or potential witness in a criminal or civil legal proceeding because of such proceeding
(11)The defendant knowingly or purposely and without lawful authority restrained another person by either secreting or holding in a place of isolation or by using or threatening to use physical force
(12)The defendant sexually abused or exploited a child under 16 years of age


Illinois- (abolished death penalty in 2011)
(1)Committed the offense while on probation or parole
(2) The murder was committed for pecuniary gain or pursuant to an agreement that the defendant would receive something of value
(3) The defendant caused or directed another to commit murder, or the defendant procured the commission of the offense by payment, promise of payment, or anything of pecuniary value
(4) The defendant has been convicted of, or committed, a prior murder, a felony involving violence, or other serious felony
(5) The capital offense was committed by a person who is incarcerated, has escaped, is on probation, is in jail, or is under a sentence of imprisonment
(6)The defendant was a drug dealer or has prior convictions involving the distribution of a controlled substance
(7)The murdered individual was under 12 years of age and the death resulted from exceptionally brutal or heinous behavior indicative of wanton cruelty
(8) The victim was a government employee, including peace officers, police officers, federal agents, firefighters, judges, jurors, defense attorneys, and prosecutors, in the course of his or her duties
(9)The victim was a correctional officer.
(10)The murder was committed against a witness in a criminal or civil proceeding to prevent the witness from appearing
(11)The murder was committed as a result of the intentional discharge of a firearm by the defendant from a motor vehicle and the victim was not present within the motor vehicle
(12)The defendant committed treason
(13) The defendant knowingly or purposely and without lawful authority restrained another person by either secreting or holding in a place of isolation or by using or threatening to use physical force
(14)The murdered individual was known by the defendant to be a teacher or other person employed in any school and the teacher or other employee was on the grounds of the school, or building, or adjacent surroundings
(15)The murder was committed by the defendant in connection with or as a result of the offense of terrorism
(16)The murdered individual was subject to an order of protection and the murder was committed by a person against whom the same order of protection was issued under the Illinois Domestic Violence Act of 1986
(17)The murder was committed by reason of any person’s activity as a community-policing volunteer or to prevent any person from engaging in activity as a community policing volunteer


Indiana-
(1)The murder was especially heinous, atrocious, cruel or depraved (or involved torture)
(2) The capital offense was committed during the commission of, attempt of, or escape from a specified felony (such as robbery, kidnapping, rape, sodomy, arson, oral copulation, train wrecking, carjacking, criminal gang activity, drug dealing, or aircraft piracy)
(3)The murder was committed from a motor vehicle or near a motor vehicle that transported the defendant
(4)The murder was committed by intentionally discharging a firearm into an inhabited dwelling
(5) The defendant killed the victim while lying in wait
(6) The murder was committed by means of a bomb, destructive device, explosive, or similar device
(7) The defendant caused or directed another to commit murder, or the defendant procured the commission of the offense by payment, promise of payment, or anything of pecuniary value
(8)The victim of the murder was less than 12 years of age
(9)The victim was a pregnant woman, and the murder resulted in the intentional killing of a fetus that has attained viability


Kansas-
(1)The murder was especially heinous, atrocious, cruel, or depraved (or involved torture)
(2) The defendant knowingly created a grave risk of death for one or more persons in addition to the victim of the offense
(3) The murder was committed for pecuniary gain or pursuant to an agreement that the defendant would receive something of value
(4) The defendant caused or directed another to commit murder, or the defendant procured the commission of the offense by payment, promise of payment, or anything of pecuniary value
(5) The murder was committed to avoid or prevent arrest, to effect an escape, or to conceal the commission of a crime
(6) The defendant has been convicted of, or committed, a prior murder, a felony involving violence, or other serious felony
(7) The murder was committed by a person who is incarcerated, has escaped, is on probation, is in jail, or is under a sentence of imprisonment
(8)The murder was committed against a witness in a criminal or civil proceeding to prevent the witness from appearing


Kentucky-
(1)The capital offense was committed during the commission of, attempt of, or escape from a specified felony (such as robbery, kidnapping, rape, sodomy, arson, oral copulation, train wrecking, carjacking, criminal gang activity, drug dealing, or aircraft piracy)
(2) The defendant knowingly created a grave risk of death for one or more persons in a public place by means of a weapon of mass destruction
(3) The murder was committed for pecuniary gain or pursuant to an agreement that the defendant would receive something of value
(4) The defendant has been convicted of, or committed, a prior murder, a felony involving violence, or other serious felony
(5) The capital offense was committed by a person who is incarcerated, has escaped, is on probation, is in jail, or is under a sentence of imprisonment
(6) The victim was a government employee, including peace officers, police officers, federal agents, firefighters, judges, jurors, defense attorneys, and prosecutors, in the course of his or her duties


Louisiana-
(1)The murder was especially heinous, atrocious, cruel or depraved (or involved torture)
(2) The capital offense was committed during the commission of, attempt of, or escape from a specified felony (such as robbery, second-degree robbery, kidnapping, rape, sodomy, arson, oral copulation, train wrecking, carjacking, criminal gang activity, drug dealing, or aircraft piracy)
(3)The murder was committed while the defendant was engaged in “ritualistic acts”
(4) The murder was committed for pecuniary gain or pursuant to an agreement that the defendant would receive something of value
(5) The defendant caused or directed another to commit murder, or the defendant procured the commission of the offense by payment, promise of payment, or anything of pecuniary value
(6) The defendant has been convicted of, or committed, a prior murder, a felony involving violence, or other serious felony
(7) The capital offense was committed by a person who is incarcerated, has escaped, is on probation, is in jail, or is under a sentence of imprisonment
(8) The defendant was a drug dealer or has prior convictions involving the distribution of a controlled substance
(9) The victim was under the age of 12 years
(10)The victim was 65 years or older
(11)the victim was a fireman or peace officer engaged in his lawful duties
(12)The victim was a correctional officer
(13)The victim was a witness in a prosecution against the defendant, gave material assistance to the state in any investigation or prosecution of the defendant, or was an eyewitness to a crime alleged to have been committed by the defendant or possessed other material evidence against the defendant
(14)The defendant committed treason
(15)The defendant raped a child
(16)The defendant showed cruelty to juveniles or second-degree cruelty to juveniles
(17)The defendant was involved in acts of terrorism


Maryland- (abolished death penalty in 2013)
(1)The capital offense was committed during the commission of, attempt of, or escape from a specified felony (such as robbery, kidnapping, rape, sodomy, arson, oral copulation, train wrecking, carjacking, criminal gang activity, drug dealing, or aircraft piracy)
(2) The defendant committed or attempted to commit more than one murder at the same time
(3) The murder was committed for pecuniary gain or pursuant to an agreement that the defendant would receive something of value
(4) The defendant caused or directed another to commit murder, or the defendant procured the commission of the offense by payment, promise of payment, or anything of pecuniary value
(5) The murder was committed to avoid or prevent arrest, to effect an escape, or to conceal the commission of a crime
(6) The capital offense was committed by a person who is incarcerated, has escaped, is on probation, is in jail, or is under a sentence of imprisonment
(7) The victim was a government employee, including peace officers, police officers, federal agents, firefighters, judges, jurors, defense attorneys, and prosecutors, in the course of his or her duties
(8)The murder was committed against a person held as a shield, as a hostage, or for ransom. The victim was a child abducted.


Mississippi-
(1)The murder was especially heinous, atrocious, cruel or depraved (or involved torture)
(2) The capital offense was committed during the commission of, attempt of, or escape from a specified felony (such as robbery, kidnapping, rape, sodomy, arson, oral copulation, train wrecking, carjacking, criminal gang activity, drug dealing, or aircraft piracy)
(3) The defendant knowingly created a grave risk of death for one or more persons in addition to the victim of the offense
(4) The murder was committed for pecuniary gain or pursuant to an agreement that the defendant would receive something of value
(5) The murder was committed to avoid or prevent arrest, to effect an escape, or to conceal the commission of a crime
(6) The capital offense was committed to interfere with the lawful exercise of any government function or the enforcement of the laws
(7) The defendant has been convicted of, or committed, a prior murder, a felony involving violence, or other serious felony
(8) The capital offense was committed by a person who is incarcerated, has escaped, is on probation, is in jail, or is under a sentence of imprisonment
(9)The defendant committed treason


Missouri-
(1)The murder was especially heinous, atrocious, cruel or depraved (or involved torture)
(2)The murder was committed incident to a high jacking
(3) The defendant knowingly created a grave risk of death for one or more persons in addition to the victim of the offense
(4) The defendant committed or attempted to commit more than one murder at the same time
(5) The murder was committed for pecuniary gain or pursuant to an agreement that the defendant would receive something of value
(6) The defendant caused or directed another to commit murder, or the defendant procured the commission of the offense by payment, promise of payment, or anything of pecuniary value
(7) The murder was committed to avoid or prevent arrest, to effect an escape, or to conceal the commission of a crime
(8) The capital offense was committed to interfere with the lawful exercise of any government function or the enforcement of the laws
(9)The defendant committed murder as part of a gang activity or to obtain or maintain membership or to advance his or her position in an organization or group
(10) The defendant has been convicted of, or committed, a prior murder, a felony involving violence, or other serious felony
(11) The capital offense was committed by a person who is incarcerated, has escaped, is on probation, is in jail, or is under a sentence of imprisonment
(12) The victim was a government employee, including peace officers, police officers, federal agents, firefighters, judges, jurors, defense attorneys, and prosecutors, in the course of his or her duties
(13)The victim was an inmate of a correction facility
(14) The victim was an elected or appointed official or former official of the federal government, or local or state government, and murder in the first degree intentionally prevented the victim’s official duties
(15)The murder was committed against a witness or potential witness in a criminal or civil processing to prevent the witness from appearing
(16)The defendant committed treason
(17)The defendant placed a bomb near a bus terminal
(18)The defendant engaged in drug trafficking
(19) The defendant knowingly or purposely and without lawful authority restrained another person by either secreting or holding in a place of isolation or by using or threatening to use physical force


Montana-
(1)The murder was especially heinous, atrocious, cruel or depraved (or involved torture)
(2) The capital offense was committed during the commission of, attempt of, or escape from a specified felony (such as robbery, kidnapping, rape, sodomy, arson, oral copulation, train wrecking, carjacking, criminal gang activity, drug dealing, or aircraft piracy)
(3) The defendant knowingly created a grave risk of death for one or more persons in addition to the victim of the offense
(4) The defendant killed the victim while lying in wait
(5) The defendant has been convicted of, or committed, a prior murder, a felony involving violence, or other serious felony
(6) The capital offense was committed by a person who is incarcerated, has escaped, is on probation, is in jail, or is under a sentence of imprisonment.
(7) The victim was a government employee, including peace officers, police officers, federal agents, firefighters, judges, jurors, defense attorneys, and prosecutors, in the course of his or her duties
(8)The defendant raped a child
(9) The defendant knowingly or purposely and without lawful authority restrained another person by either secreting or holding in a place of isolation or by using or threatening to use physical force
(10)The willful, deliberate, and premeditated killing of any person in the commission of, or subsequent to, rape or attempted rape, forcible sodomy or attempted forcible sodomy or object sexual penetration


Nebraska-
(1)The murder was especially heinous, atrocious, cruel or depraved (or involved torture)
(2) The defendant knowingly created a grave risk of death for one or more persons in addition to the victim of the offense
(3) The defendant committed or attempted to commit more than one murder at the same time
(4) The murder was committed for pecuniary gain or pursuant to an agreement that the defendant would receive something of value
(5) The defendant caused or directed another to commit murder, or the defendant procured the commission of the offense by payment, promise of payment, or anything of pecuniary value
(6) The murder was committed to avoid or prevent arrest, to effect an escape, or to conceal the commission of a crime
(7) The capital offense was committed to interfere with the lawful exercise of any government function or the enforcement of the laws
(8) The offender was previously convicted of another murder or a crime involving the use of threat of violence to the person, or has a substantial history of serious assaultive or terrorizing criminal activity
(9)The victim was a law enforcement officer or a public servant having custody of the offender or another in the lawful performance of his or her duties


Nevada-
(1)The murder was especially heinous, atrocious, cruel or depraved (or involved torture)
(2) The capital offense was committed during the commission of, attempt of, or escape from a specified felony (such as robbery, kidnapping, rape, sodomy, arson, oral copulation, train wrecking, carjacking, criminal gang activity, drug dealing, or aircraft piracy)
(3) The defendant knowingly created a grave risk of death for one or more persons in addition to the victim of the offense
(4) The defendant committed or attempted to commit more than one murder at the same time
(5) The murder was committed for pecuniary gain or pursuant to an agreement that the defendant would receive something of value
(6) The defendant caused or directed another to commit murder, or the defendant procured the commission of the offense by payment, promise of payment, or anything of pecuniary value
(7) The murder was committed to avoid or prevent arrest, to effect an escape, or to conceal the commission of a crime
(8)The defendant had no apparent motive
(9) The defendant has been convicted of, or committed, a prior murder, a felony involving violence, or other serious felony
(10) The capital offense was committed by a person who is incarcerated, has escaped, is on probation, is in jail, or is under a sentence of imprisonment
(11)The murder as committed upon a person less than 14 years of age
(12)The murder was committed upon a peace officer or fireman or an employee of the Department of Corrections who does not exercise general control over offenders imprisoned within the institutions and facilities of the Department, but whose normal duties require him to come into contact with those offenders when carrying out duties prescribed by the Director of the Department. And the defendant knew or reasonably should have known that the victim was a peace officer or fireman
(13)The murder was committed upon a person because of the actual or perceived race, color, religion, national origin, physical or mental disability or sexual orientation of that person
(14)The murder was committed on the property of a public or private school or at a related school activity or on a school bus by a person who intended to create a great risk of death or bodily harm to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person
(15)The person, alone or with others, subjected or attempted to subject the victim of the murder to nonconsensual sexual penetration immediately before, during or immediately after the commission of the murder
(16)The murder was committed with the intent to commit, cause, aid, further or conceal and act of terrorism


New Hampshire-
(1)The murder was especially heinous, atrocious, cruel or depraved (or involved torture)
(2) The defendant knowingly created a grave risk of death for one or more persons in addition to the victim of the offense
(3) The defendant committed the murder after substantial planning and premeditation
(4)The defendant purposely killed the victim
(5) The murder was committed for pecuniary gain or pursuant to an agreement that the defendant would receive something of value
(6) The murder was committed to avoid or prevent arrest, to effect an escape, or to conceal the commission of a crime
(7) The defendant has been convicted of, or committed, a prior murder, a felony involving violence, or other serious felony
(8)The defendant has previously been convicted of 2 or more state or federal offenses punishable by a term of imprisonment of more than one year, committed on different occasions, involving the distribution of a controlled substance
(9)The victim was particularly vulnerable due to old age, youth, or infirmity


New Jersey- (death penalty abolished, Dec. 2007)
(1)The murder was especially heinous, atrocious, cruel or depraved (or involved torture)
(2) The capital offense was committed during the commission of, attempt of, or escape from a specified felony (such as robbery, kidnapping, rape, sodomy, arson, oral copulation, train wrecking, carjacking, criminal gang activity, drug dealing, or aircraft piracy)
(3) The defendant knowingly created a grave risk of death for one or more persons in addition to the victim of the offense
(4) The murder was committed by means of a bomb, destructive device, explosive, or similar device
(5) The murder was committed for pecuniary gain or pursuant to an agreement that the defendant would receive something of value
(6) The defendant caused or directed another to commit murder, or the defendant procured the commission of the offense by payment, promise of payment, or anything of pecuniary value
(7) The murder was committed to avoid or prevent arrest, to effect an escape, or to conceal the commission of a crime
(8) The defendant has been convicted of, or committed, a prior murder, a felony involving violence, or other serious felony
(9) The defendant was a drug dealer or has prior convictions involving the distribution of a controlled substance as a leader of a narcotics trafficking network or at the direction of a leader of a narcotics trafficking network
(10)The victim was less than 14 years old
(11)The defendant murdered a public servant while the victim was engaged in the performance of his official duties, or because of the victim’s status as a public servant
(12)The murder was committed during the commission of, or an attempt to commit, or flight after committing or attempting to commit, terrorism
(13)Murder was committed during the crime of contempt in violation of an order of protection for domestic violence


New Mexico- (death penalty abolished 2009)
(1)The capital offense was committed during the commission of, attempt of, or escape from a specified felony (such as robbery, kidnapping, rape, sodomy, arson, oral copulation, train wrecking, carjacking, criminal gang activity, drug dealing, or aircraft piracy)
(2) The murder was committed for pecuniary gain or pursuant to an agreement that the defendant would receive something of value
(3) The defendant caused or directed another to commit murder, or the defendant procured the commission of the offense by payment, promise of payment, or anything of pecuniary value
(4) The murder was committed to avoid or prevent arrest, to effect an escape, or to conceal the commission of a crime
(5) The capital offense was committed by a person who is incarcerated, has escaped, is on probation, is in jail, or is under a sentence of imprisonment
(6)The victim was a peace officer who was acting in the lawful discharge of an official duty when he was murdered
(7)The defendant with the intent to kill murdered an employee of the corrections and criminal rehabilitation department
(8)The murder was committed against a witness or a potential witness in a criminal or civil proceeding to prevent the witness from appearing, or for revenge
(9)The defendant engaged in espionage


New York- (no valid death penalty statute)
(1)The murder was especially heinous, atrocious, cruel or depraved (or involved torture)
(2) The capital offense was committed during the commission of, attempt of, or escape from a specified felony (such as robbery, kidnapping, rape, sodomy, arson, oral copulation, train wrecking, carjacking, criminal gang activity, drug dealing, or aircraft piracy)
(3) The defendant committed or attempted to commit more than one murder at the same time
(4) The murder was committed for pecuniary gain or pursuant to an agreement that the defendant would receive something of value
(5) The defendant caused or directed another to commit murder, or the defendant procured the commission of the offense by payment, promise of payment, or anything of pecuniary value
(6) The defendant has been convicted of, or committed, a prior murder, a felony involving violence, or other serious felony
(7) The capital offense was committed by a person who is incarcerated, has escaped, is on probation, is in jail, or is under a sentence of imprisonment
(8)The victim was a police officer or a peace officer who was engaged in his official duties at the time of the killing and the defendant knew or reasonably should have known that the intended victim was such an officer
(9)The victim was a correctional officer
(10) The murder was committed against a witness, a potential witness, or a family member of a witness in a criminal or civil proceeding to prevent the witness from appearing, or for revenge
(11)The victim was killed in furtherance of an act of terrorism


North Carolina-
(1)The murder was especially heinous, atrocious, cruel or depraved (or involved torture)
(2) The capital offense was committed during the commission of, attempt of, or escape from a specified felony (such as robbery, kidnapping, rape, sodomy, arson, oral copulation, train wrecking, carjacking, criminal gang activity, drug dealing, or aircraft piracy)
(3)The murder was part of a course of conduct in which the defendant engaged
(4) The defendant knowingly created a grave risk of death for one or more persons in addition to the victim of the offense
(5) The murder was committed for pecuniary gain or pursuant to an agreement that the defendant would receive something of value
(6) The murder was committed to avoid or prevent arrest, to effect an escape, or to conceal the commission of a crime
(7) The capital offense was committed to interfere with the lawful exercise of any government function or the enforcement of the laws
(8) The defendant has been convicted of, or committed, a prior murder, a felony involving violence, or other serious felony
(9) The capital offense was committed by a person who is incarcerated, has escaped, is on probation, is in jail, or is under a sentence of imprisonment
(10) The victim was a government employee, including peace officers, police officers, federal agents, firefighters, judges, jurors, defense attorneys, and prosecutors, in the course of his or her duties
(11)The murder was committed against a witness against the defendant while engaged in the performance of his official duties


Ohio-
(1)The defendant knowingly created a grave risk of death for one or more persons in addition to the victim of the offense
(2) The murder was committed for pecuniary gain or pursuant to an agreement that the defendant would receive something of value
(3) The capital offense was committed by a person who is incarcerated, has escaped, is on probation, is in jail, or is under a sentence of imprisonment
(4)The offender in the commission of the offense, purposefully caused the death of another who was under thirteen years of age at the time of the commission of the offense and the defendant committed the offense with prior calculation and design
(5)The offense was the assassination of the president of the United States or person in line of succession to the presidency, or of the governor or lieutenant governor of this state, or of the president-elect or vice president-elect of the United States, or of the governor-elect of this state, or of a candidate for any of the foregoing offices
(6)The murder was committed against a witness in a criminal proceeding to prevent the witness from appearing, or for revenge
(7)The offense was committed while the offender was committing, attempting to commit, or fleeing immediately after committing or attempting to commit terrorism


Oklahoma-
(1)The murder was especially heinous, atrocious, cruel or depraved (or involved torture)
(2)defendant is a continuing threat to society
(3) The defendant knowingly created a grave risk of death for one or more persons in addition to the victim of the offense
(4) The murder was committed for pecuniary gain or pursuant to an agreement that the defendant would receive something of value
(5) The defendant caused or directed another to commit murder, or the defendant procured the commission of the offense by payment, promise of payment, or anything of pecuniary value
(6) The murder was committed to avoid or prevent arrest, to effect an escape, or to conceal the commission of a crime
(7) The defendant is a future danger
(8) The capital offense was committed by a person who is incarcerated, has escaped, is on probation, is in jail, or is under a sentence of imprisonment
(9)The defendant raped a child
(10)The defendant takes the life of a human being during, or if the death of a human being results from eluding an officer
(11)Defendant was involved in acts of terrorism resulting in the death of another person


Oregon-
(1)The defendant is a future danger
(2)The defendant committed the murder pursuant to an agreement that the defendant receive money or another thing of value for committing the murder or the defendant solicited another to commit the murder and paid or agreed to pay the person money or another thing of value for committing the murder
(3) The defendant committed the murder after having been convicted previously in any jurisdiction of any homicide, the elements of which constitute the crime of murder or manslaughter in the first degree
(4)The defendant murdered more than one person in the same criminal episode
(5)The homicide occurred in the course of or as a result of intentional maiming or torture of the victim
(6)The victim of the intentional homicide was under the age of 14 years old
(7)The victim was one of the following and the murder was related to the performance of the victim’s official duties in the justice system: A police officer, a correctional, parole or probation officer or other person charged with the duty of custody, control or supervision of convicted persons, a member of the Oregon State Police, a judicial officer, a juror or witness in a criminal proceeding, an employee or officer of a court of justice, or a member of the State Board of Parole and Post-Prison Supervision
(8)The defendant was confined in a state, county, or municipal penal or correctional facility or was otherwise in custody when the murder occurred
(9)The defendant committed murder by means of an explosive
(10)The murder was committed after the defendant had escaped from a state, county or municipal penal or correctional facility and before the defendant had been returned to the custody of the facility
(11)The murder was committed in an effort to conceal the commission of a crime, or to conceal the identity of the perpetrator of a crime
(12)The defendant personally and intentionally committed the homicide


Pennsylvania-
(1)The murder was especially heinous, atrocious, cruel or depraved (or involved torture)
(2) The capital offense was committed during the commission of, attempt of, or escape from a specified felony (such as robbery, kidnapping, rape, sodomy, arson, oral copulation, train wrecking, carjacking, criminal gang activity, drug dealing, or aircraft piracy)
(3)The murder was committed incident to a high jacking
(4) The defendant knowingly created a grave risk of death for one or more persons in addition to the victim of the offense
(5) The defendant committed or attempted to commit more than one murder at the same time
(6) The murder was committed for pecuniary gain or pursuant to an agreement that the defendant would receive something of value
(7) The defendant caused or directed another to commit murder, or the defendant procured the commission of the offense by payment, promise of payment, or anything of pecuniary value
(8) The defendant has been convicted of, or committed, a prior murder, a felony involving violence, or other serious felony
(9)The victim was a child under 12 years of age
(10)At the time of the killing the victim was in her third trimester of pregnancy or the defendant had knowledge of the victim’s pregnancy
(11) The victim was a government employee, including peace officers, police officers, federal agents, firefighters, judges, jurors, defense attorneys, and prosecutors, in the course of his or her duties
(12)The victim was a pubic servant concerned in official detention who was killed in the performance of his duties or as a result of his official position
(13)The victim was the Attorney General of Pennsylvania, a deputy attorney general, district attorney, assistant district attorney, member of the general assembly, governor, lieutenant governor, auditor general, state treasurer who was killed in the performance of his duties or as a result of his official position
(14)The murder was committed against a person held as a shield, as a hostage, or for ransom
(15)The murder was committed against a witness in a criminal proceeding to prevent the witness from appearing
(16)The victim was a nongovernmental informant and the defendant committed the murder or was an accomplice to the killing…and the killing was in retaliation for the victim’s activities
(17)The victim was involved, associated, or in competition with the defendant in the sale, manufacture, distribution, or delivery of any controlled substance or counterfeit controlled substance
(18)At the time of the killing the defendant was subject to a court order restricting in any way the defendant’s behavior toward the victim or any other order of a court of common pleas or of the minor judiciary designated in whole or in part to protect the victim from the defendant


South Carolina-
(1)The capital offense was committed during the commission of, attempt of, or escape from a specified felony (such as robbery, kidnapping, rape, sodomy, arson, oral copulation, train wrecking, carjacking, criminal gang activity, drug dealing, or aircraft piracy)
(2) The defendant knowingly created a grave risk of death for one or more persons in addition to the victim of the offense
(3) The defendant committed or attempted to commit more than one murder at the same time
(4) The murder was committed for pecuniary gain or pursuant to an agreement that the defendant would receive something of value
(5) The defendant caused or directed another to commit murder, or the defendant procured the commission of the offense by payment, promise of payment, or anything of pecuniary value
(6) The defendant has been convicted of, or committed, a prior murder, a felony involving violence, or other serious felony
(7)The murder of a child 11 years or younger
(8) The victim was a government employee, including peace officers, police officers, federal agents, firefighters, judges, jurors, defense attorneys, and prosecutors, in the course of his or her duties
(9)The victim was a county or municipal corrections officer, a county or municipal detention facility employee or former county or municipal facility employee
(10)The victim was a family member of a governmental official
(11)The murder was committed against a witness or potential witness in a criminal proceeding to prevent the witness from appearing
(12)The defendant raped a child


South Dakota-
(1) The offense was committed by a person with a prior record of conviction for a Class A or Class B felony, or the offense of murder was committed by a person who has a felony conviction for a crime of violence as defined in subdivision 22-1-2(9); 
(2) The defendant by the defendant's act knowingly created a great risk of death to more than one person in a public place by means of a weapon or device which would normally be hazardous to the lives of more than one person; 
(3) The defendant committed the offense for the benefit of the defendant or another, for the purpose of receiving money or any other thing of monetary value; 
(4)  The defendant committed the offense on a judicial officer, former judicial officer, prosecutor, or former prosecutor while such prosecutor, former prosecutor, judicial officer, or former judicial officer was engaged in the performance of such person's official duties or where a major part of the motivation for the offense came from the official actions of such judicial officer, former judicial officer, prosecutor, or former prosecutor; 
(5)The defendant caused or directed another to commit murder or committed murder as an agent or employee of another person; 
(6)  The offense was outrageously or wantonly vile, horrible, or inhuman in that it involved torture, depravity of mind, or an aggravated battery to the victim. Any murder is wantonly vile, horrible, and inhuman if the victim is less than thirteen years of age; 
(7) The offense was committed against a law enforcement officer, employee of a corrections institution, or firefighter while engaged in the performance of such person's official duties; 
(8) The offense was committed by a person in, or who has escaped from, the lawful custody of a law enforcement officer or place of lawful confinement; 
(9) The offense was committed for the purpose of avoiding, interfering with, or preventing a lawful arrest or custody in a place of lawful confinement, of the defendant or another; or 
(10) The offense was committed in the course of manufacturing, distributing, or dispensing substances listed in Schedules I and II in violation of § 22-42-2. 

Tennessee-
(1)The murder was especially heinous, atrocious, cruel or depraved (or involved torture)
(2) The capital offense was committed during the commission of, attempt of, or escape from a specified felony (such as robbery, kidnapping, rape, sodomy, arson, oral copulation, train wrecking, carjacking, criminal gang activity, drug dealing, or aircraft piracy)
(3)The defendant committed ‘mass murder’ which is defined as the murder of three or more persons whether in a single episode or at different times within a forty-eight month period
(4) The defendant knowingly created a grave risk of death for one or more persons in addition to the victim of the offense
(5) The murder was committed by means of a bomb, destructive device, explosive, or similar device
(6) The murder was committed for pecuniary gain or pursuant to an agreement that the defendant would receive something of value
(7) The defendant caused or directed another to commit murder, or the defendant procured the commission of the offense by payment, promise of payment, or anything of pecuniary value
(8) The murder was committed to avoid or prevent arrest, to effect an escape, or to conceal the commission of a crime
(9) The defendant has been convicted of, or committed, a prior murder, a felony involving violence, or other serious felony
(10) The capital offense was committed by a person who is incarcerated, has escaped, is on probation, is in jail, or is under a sentence of imprisonment
(11)The murder was committed against a person less than 12 years of age and then defendant was 18 years of age or older
(12)The victim was especially vulnerable due to a significant handicap or disability, whether mental or physical and the defendant knew or reasonably should have known of such a handicap or disability
(13) The victim was a government employee, including peace officers, police officers, federal agents, firefighters, judges, jurors, defense attorneys, and prosecutors, in the course of his or her duties
(14)The victim was a correctional officer
(15)The murder was committed against a national, state, or local popularly elected official, due to or because of the official’s lawful duties or status, and the defendant knew that the victim was such an official
(16)Defendant was involved in killings in the course of or attempt of aggravated child neglect and aggravated child abuse
(17)The defendant knowingly mutilated the body of the victim after death
(18)The murder was committed in the course of an act of terrorism
(19)The victim or the murder was 70 years of age or older
(20)Murder committed against any emergency medical or rescue worker, emergency medical technician, paramedic or firefighter, who was engaged in the performance of official duties, and the defendant knew or reasonably should have known


Texas-
(1) The person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman
(2) The person intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat
(3) The person commits the murder for remuneration or the promise of remuneration or employs another to commit the murder for remuneration or the promise of remuneration
(4) The person commits the murder while escaping or attempting to escape from a penal institution
(5) The person, while incarcerated in a penal institution, murders another: (A) who is employed in the operation of the penal institution; or (B) with the intent to establish, maintain, or participate in a combination or in the profits of a combination
(6) The person: (A) while incarcerated for an offense under this section or Section 19.02, murders another; or (B) while serving a sentence of life imprisonment or a term of 99 years for an offense under Section 20.04, 22.021, or 29.03, murders another
(7) The person murders more than one person: (A) during the same criminal transaction; or (B) during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct (8) The person murders an individual under 10 years of age (9) The person murders another person in retaliation for or on account of the service or status of the other person as a judge or justice of the supreme court, the court of criminal appeals, a court of appeals, a district court, a criminal district court, a constitutional county court, a statutory county court, a justice court, or a municipal court

Utah-
(1)The murder was especially heinous, atrocious, cruel or depraved (or involved torture)
(2)The murder was committed incident to a highjacking
(3) The defendant knowingly created a grave risk of death for one or more persons in addition to the victim of the offense
(4) The defendant committed or attempted to commit more than one murder at the same time
(5)The murder was committed by means of poison or a lethal substance
(6) The murder was committed for pecuniary gain or pursuant to an agreement that the defendant would receive something of value
(7) The defendant caused or directed another to commit murder, or the defendant procured the commission of the offense by payment, promise of payment, or anything of pecuniary value
(8) The murder was committed to avoid or prevent arrest, to effect an escape, or to conceal the commission of a crime
(9) The capital offense was committed to interfere with the lawful exercise of any government function or the enforcement of the laws
(10) The defendant has been convicted of, or committed, a prior murder, a felony involving violence, or other serious felony
(11) The capital offense was committed by a person who is incarcerated, has escaped, is on probation, is in jail, or is under a sentence of imprisonment. The actor was under a sentence of life imprisonment or a sentence of death at the time of the homicide
(12) The victim is or has been a local, state, or federal public official, or a candidate for public office, and the homicide is based on, is caused by, or is related to that official position, act, capacity, or candidacy
(13)The murder was committed against a person held as a shield, as a hostage, or for ransom
(14)The murder was committed against a witness in a criminal proceeding to prevent the witness from appearing, or for revenge
(15)The homicide was committed while the actor was engaged in, or attempted to, or flight from committed or attempted child abuse
(16)The defendant was involved in the desecration of a dead human body or dismembering, mutilation, or disfiguring of the victim's body, either before or after death, in a manner demonstrating the actor’s depravity of mind. The homicide was committed incident to the abuse or desecration of a dead body
(17)The murder was committed by means of any weapon of mass destruction


Virginia-
(1)The murder was especially heinous, atrocious, cruel or depraved (or involved torture)
(2) The defendant is a future danger
(3)The willful, deliberate, and premeditated killing of any person in the commission of abduction when the abduction was committed with the intent to extort money or a pecuniary benefit or with the intent to defile the victim of such abduction
(4) The willful, deliberate, and premeditated killing of any person in the commission of, or subsequent to, rape or attempted rape, forcible sodomy or attempted forcible sodomy or object sexual penetration
(5)The willful, deliberate, and premeditated killing of any person in the commission of robbery or attempted robbery
(6)The willful, deliberate, and premeditated killing of any person by another pursuant to the direction or order of one who is engaged in a continuing criminal enterprise
(7)The willful, deliberate, and premeditated killing of any person by another in the commission of or attempted commission of an act of terrorism
(8)Murder victim was under the age of 14 and the defendant was 21 years of age of older
(9)The willful, deliberate, and premeditated killing of a law enforcement officer or any law enforcement officer of another state or the US having the power to arrest for a felony under the laws when such killing is for the purpose of interfering with the performances of his official duties
(10)The willful, deliberate, and premeditated killing of a pregnant woman by one who knows that the woman is pregnant and has the intent to cause the involuntary termination of the woman’s pregnancy without a live birth


Washington-
(1)The murder was committed from a motor vehicle or near a motor vehicle that transported the defendant
(2) The defendant committed or attempted to commit more than one murder at the same time
(3)Defendant is a continuing threat to society
(4) The murder was committed for pecuniary gain or pursuant to an agreement that the defendant would receive something of value
(5) The defendant caused or directed another to commit murder, or the defendant procured the commission of the offense by payment, promise of payment, or anything of pecuniary value
(6) The defendant committed murder as part of a gang activity or to obtain or maintain membership or to advance his or her position in an organization or group
(7) The defendant is a future danger
(8) The capital offense was committed by a person who is incarcerated, has escaped, is on probation, is in jail, or is under a sentence of imprisonment
(9)The victim was a current or former witness in an adjudicative proceeding and the murder was related to the exercise of official duties performed by the victim. The person committed the murder to conceal the commission of a crime or to protect or conceal the identity of any person committing a crime, including any attempt to avoid prosecution as a persistent offender
(10)The victim was a news reporter and the murder was committed to obstruct reporting activities of the victim
(11)The defendant committed treason
(12)At the time the person committed the murder, there existed a court order, issued in this or any other state, which prohibited the person from either contacting the victim, molesting the victim, or disturbing the peace of the victim, and the person had knowledge of the existence of that order
(13)At the time the person committed the murder, the person and the victim were ‘family or household members’ and the person had previously engaged in a pattern or practice of certain crimes committed upon the victim within a five-year period, regardless of whether a conviction resulted


Wyoming-
(1)The murder was especially heinous, atrocious, cruel or depraved (or involved torture)
(2) The defendant knowingly created a grave risk of death for one or more persons in addition to the victim of the offense
(3) The murder was committed for pecuniary gain or pursuant to an agreement that the defendant would receive something of value
(4) The murder was committed to avoid or prevent arrest, to effect an escape, or to conceal the commission of a crime
(5) The defendant is a future danger
(6) The defendant has been convicted of, or committed, a prior murder, a felony involving violence, or other serious felony
(7) The capital offense was committed by a person who is incarcerated, has escaped, is on probation, is in jail, or is under a sentence of imprisonment
(8)The defendant knew or reasonably should have known the victim was less than 17 years of age
(9)The defendant knew or reasonably should have known the victim was older than 65 years of age
(10)The defendant knew or reasonably should have known the victim was especially vulnerable due to significant mental or physical disability
(11)The defendant killed another human being purposely and with premeditated malice and while engaged in, or as an accomplice in the commission of, or an attempt to commit, or flight after committing or attempting to commit, any robbery, sexual assault, arson, burglary. Kidnapping or abuse of a child under the age of sixteen