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
Aggravating Factors by State - Lists of the factors that could make a defendant eligible for the Death Penalty
Mitigating Factors by State - List of the various state statutes defining mitigating circumstances for their respective jurisdictions -from Terry Lenamon. See also J. Kirchmeier, "A Tear in Eye of the Law: Mitigating Factors and the Progression Toward a Disease Theory of Criminal Justice," 83 Oregon L. Rev. 631 (2004) (available https://papers.ssrn.com/sol3/papers.cfm?abstract_id=914180).
State by State Information - Database of State Death Penalty information
Federal Mitigating and Aggravating Factors - Federal Death Penalty statutes mitigating and aggravating factors
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 2016 (pub. April 2018) lists the following as capital crimes, by state:
Arizona - First-degree murder, including pre-meditated murder and felony murder, accompanied by at least 1 of 14 aggravating factors (A.R.S. § 13-703(F)). [First-degree murder is defined in A.R.S. § 13-1105. Aggravating and mitigating circumstances are set forth at A.R.S. § 13-751.]
California - First-degree murder with special circumstances; military sabotage; death in the course of train wrecking; treason; perjury resulting in execution of an innocent person; fatal assault by a prisoner serving a life sentence.
[California's death penalty provisions are set forth in Cal. Penal Code §§ 187-199. Section 187 defines first-degree murder. Section 190.2 sets forth the "special circumstances" that make a first-degree murder death-eligible.]
Colorado - First-degree murder with at least 1 of 17 aggravating factors; first-degree kidnapping resulting in death; treason. [First-degree murder is defined in C.R.S. § 18-3-102. First-degree kidnapping is defined in C.R.S. § 18-3-301. Aggravating factors are set forth in C.R.S. § 18-1.3-1201(5).]
Connecticut - [Abolished the death penalty in 2012]
Delaware - First-degree murder (11 Del. C. § 636) with at least 1 statutory aggravating circumstance (11 Del. C. § 4209). [In August 2016, the Delaware Supreme Court found the existing statute unconstitutional. As of May 1, 2018, there is no constitutionally valid death-penalty statute.]
Georgia - Murder with aggravating circumstances; rape, armed robbery, or kidnapping with bodily injury or ransom when the victim dies; aircraft hijacking; treason. (GA Code § 17-10-30)
Idaho - First-degree murder with aggravating factors; first-degree kidnapping; perjury resulting in the execution of an innocent person. [Idaho Stat. § 19-2515]
Indiana - Murder with 18 aggravating circumstances (I.C. 35-50-2-9).
Kansas - Intentional and premeditated killing of a person in one or more of seven different circumstances (KSA § 21-5401).
Kentucky - Capital murder with the presence of at least one statutory aggravating circumstance; capital kidnapping (KRS § 532.025).
Montana - Capital murder with one of nine aggravating circumstances (Mont. Code Ann. § 46-18-303); aggravated kidnapping; felony murder; aggravated sexual intercourse without consent (Mont. Code Ann. § 45-5-503).
Nebraska - First-degree murder with a finding of one or more statutory aggravating circumstance. [Nebraska Rev. § Stat 29-2523]
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, drug crimes, or home invasion; killing of a police officer, judge, or prosecutor; murder for hire; murder by an inmate while serving a sentence of life without parole (R.S.A. 630:1, R.S.A. 630:5).
New Mexico* - First-degree murder with at least one of seven aggravating factors (N.M.S.A. § 1978 31-20A-5.)
New York** - First-degree murder of 1 of 13 aggravating factors (NY Penal Law § 125.27.)
Oklahoma - First-degree murder in conjunction with a finding of at least one of eight statutorily defined aggravating circumstances. (21 OK Stat § 21-701.12 (2015))
Oregon - Aggravated murder (ORS § 163.095).
Pennsylvania - First-degree murder with 18 aggravating circumstances. [42 Pa.C.S. § 9711]
South Carolina - Murder with 1 of 12 aggravating circumstances (§ 16-3-20(C)(a))
South Dakota - First-degree murder with 1 of 10 aggravating circumstances. (S.D.C.L. 23A-27A-1).
Texas - Criminal homicide with one of nine aggravating circumstances (Tex. Penal Code § 19.03).
Utah - Aggravated murder (Utah Code Ann. § 76-5-202).
Virginia - Pre-meditated murder with 1 of 15 aggravating circumstances (VA Code § 18.2-31(1-15)).
Wyoming - First-degree murder; murder during the commission of sexual assault, sexual abuse of a minor, arson, robbery, burglary, escape, resisting arrest, kidnapping, or abuse of a minor under 16. (W.S.A. § 6-2-101(a))
*New Mexico abolished the death penalty on July 1, 2009. BJS lists the statute with a note stating that "Offenders who committed capital offenses prior to that date are eligible for the death penalty."
**New York abolished the death penalty in 2007. BJS lists the statute with a note explaining that the New York Court of Appeals held that a portion of the state's death-penalty sentencing statute (CPL 400.27) was unconstitutional. See People v. Taylor, 9 N.Y. 3d 129 (2007) (applying ruling to remaining prisoners on death row). The legislature has rejected efforts to revise the statute and restore the death penalty.