List of Crimes Classified as Capital Felonies

Murder in multiple forms constitutes a capital felony, the punishment for which differs depending on the state in which the crime was committed.

A capital felony is a crime that warrants capital punishment, as in the death penalty. While all capital felonies are murders, each state has different parameters for what it considers a capital felony. Despite some states abolishing their death penalties, capital felonies happen country-wide and, depending on where they occur, the outcomes could be vastly different.

Capital Felonies in TX

Texas is known to be harsh on its prisoners, meting out the death penalty more than any other state.

Texas, one of the most notorious states for the number of prisoners on death row, defines capital felony as a crime in which "an individual intentionally or knowingly causes the death of an individual." This definition includes the following: murder of a public safety officer/firefighter in the line of duty; murder during kidnapping, burglary, robbery, aggravated rape or arson; murder for remuneration; multiple murders; murder during escape from prison; murder of a correctional officer; murder of a judge; murder of a state prison inmate serving a life sentence or murder of anyone under six years of age.

Capital Felonies in AL, AZ, AK, CA, CO, CT

Alabama's defines a capital felony as "intentional murder with 18 aggravating factors." Arizona's definition is "first-degree murder accompanied by at least one of 14 aggravating factors." Arkansas must find at least one in 10 aggravating circumstances to determine a murder to be a capital felony, one of which is treason. California will hand down a capital felony to anyone who has committed first-degree murder under special circumstances that include sabotage, train wrecking, treason, perjury and fatal assault by a life-sentenced prisoner. The state of Colorado lists 17 aggravating factors that lead to a capital felony murder, including treason and first-degree kidnapping. Connecticut defines capital felony as one of eight forms of aggravated homicide.

Capital Felonies in DE, FL, GA, ID, IL, IN, KS

Delaware's capital felonies are first-degree murders with at least one statutory aggravating circumstance. Florida has first-degree murder and felony murder under the banner of capital felony, additionally including capital drug trafficking and capital sexual battery to its offenses. Georgia not only includes murder, but kidnapping with bodily injury or ransom upon death of the victim, aircraft hijacking and treason. Idaho marks first-degree murder with aggravating factors, first-degree kidnapping and perjury resulting in death. Illinois, which used to define a capital felony as first-degree murder with one of 21 aggravating circumstances, abolished the death penalty this year. Indiana has 16 aggravating circumstances tied with murder that result in a capital felony, while Kansas only has eight aggravating circumstances.

Capital Felonies in KY, LA, MD, MI, MS, MO

Instances of kidnapping that result in murder are always considered capital felonies.

Kentucky's capital felonies are murders with an aggravating factor, including kidnapping. Louisiana can throw down a capital felony for first-degree murder as well as treason. Maryland's first-degree murders, whether premeditated or carried out during another felony, could result in capital felony and the requisite capital punishment. Capital murder and aircraft piracy in Mississippi warrant this charge, as does any type of first-degree murder in Missouri. Montana lists capital murder with one of nine aggravating circumstances, including aggravated rape.

Capital Felonies in NE, NV, NH, NM, NY, NC, OH

Nebraska has first-degree murder with at least one aggravating circumstance, while Nevada is the same, capping the number of aggravating circumstances at 15. New Hampshire considers murder in the course of rape, kidnapping or drug crimes, murder of a law enforcement officer, murder for hire or murder by an inmate serving a life sentence without the possibility of parole capital felonies. Murder in New Mexico used to require at least one of seven aggravating circumstances to be considered a capital felony, but the state abolished its death penalty in 2009. New York similarly abolished capital punishment in 2007. North Carolina still metes out a capital felony to those guilty of first-degree murder, while murders in Ohio must meet one of 10 aggravating circumstances to be handed such a sentence.

Capital Felonies in OK, OR, PA, SC, SD, TN, UT, VA, WA, WY

Oklahoma murders must be first-degree with one of eight aggravating circumstances, including sex crimes against one under 14 years of age to be considered capital felonies. Oregon simply lists aggravated murder, while Pennsylvania has first-degree murder with one of 18 aggravating circumstances, South Carolina is one of 12, South Dakota one of 10 and Tennessee one of 15. Utah lists aggravated murder, Virginia first-degree murder with one of 15 aggravating circumstances and Washington simply aggravated first-degree murder. Those in Wyoming are liable to be considered a capital felon if they commit first-degree murder, murder during a sexual assault, sexual abuse of a minor, arson, robbery, resisting arrest, kidnapping or the abuse of anyone below the age of 16.

References

• Texas Criminal Attorney Blog: Capital Felony; Troy P. Burleson, P.C.; October 2008
• Death Penalty Info: Crimes Punishable by the Death Penalty; Richard Dieter; 2010

Resources

• Felony Frequently Asked Questions