Capital Punishment, 2018 – Statistical Tables | September 2020 6
TABLE 2
Capital oenses, by state, 2018
State Oense
Alabama
Arizona
Arkansas
California
Colorado
Delaware
a
Florida
Georgia
Idaho
Indiana
Kansas
Kentucky
Louisiana
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Mexico
b
New York
c
North Carolina
Ohio
Oklahoma
Oregon
Pennsylvania
South Carolina
South Dakota
Tennessee
Texas
Utah
Virginia
Washington
d
Wyoming
Intentional murder (Ala. Stat. Ann. § 13A-5-40(a)(1)-(20)) with 12 aggravating factors (Ala. Stat. Ann. § 13A-5-49).
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)).
Capital murder (Ark. Code Ann. § 5-10-101) with a nding of at least 1 of 10 aggravating circumstances; and treason (Ark.
Code Ann. § 5-51-201).
First-degree murder with special circumstances; military sabotage; train-wreck causing death; treason; perjury resulting in
execution of an innocent person; and fatal assault by a prisoner serving a life sentence.
First-degree murder with at least 1 of 17 aggravating factors; rst-degree kidnapping resulting in death; and treason.
First-degree murder (11 Del. C. § 636) with at least 1 statutory aggravating circumstance (11 Del. C. § 4209).
First-degree murder with aggravating factors; felony murder; and capital drug-tracking felonies.
Murder with aggravating circumstances; rape, armed robbery, or kidnapping with bodily injury or ransom when the victim
dies; aircraft hijacking; and treason (O.C.G.A. § 17-10-30).
First-degree murder with aggravating factors; rst-degree kidnapping; and perjury resulting in the execution of an
innocent person.
Murder with 18 aggravating circumstances (I.C. 35-50-2-9).
Intentional and pre-meditated killing of a person in 1 or more of 7 dierent circumstances (K.S.A. 21-5401).
Capital murder with the presence of at least 1 statutory aggravating circumstance; and capital kidnapping (K.R.S. 532.025).
First-degree murder with aggravating circumstances (La. R.S. 14:30); and treason (La. R.S. 14:113).
Capital murder with aggravating circumstances (Miss. Code Ann. § 97-3-19(2)); and aircraft piracy (Miss. Code Ann.
§ 97-25-55(1)).
First-degree murder with at least 1 statutory aggravating circumstance (565.020 R.S.M.O. 2000).
Capital murder with 1 of 9 aggravating circumstances (Mont. Code Ann. § 46-18-303); aggravated kidnapping resulting
in death of victim or rescuer; felony murder; aggravated assault or aggravated kidnapping while in detention; and capital
sexual intercourse without consent (Mont. Code Ann. § 45-5-503).
First-degree murder with a nding of 1 or more statutory aggravating circumstances.
First-degree murder with at least 1 of 15 aggravating circumstances (N.R.S. 200.030, 200.033, 200.035).
Murder committed in the course of rape, kidnapping, drug crimes, or home invasion; killing of a police ocer, judge,
or prosecutor; murder for hire; and murder by a prisoner while serving a sentence of life without parole (R.S.A. 630:1,
R.S.A. 630:5).
First-degree murder with at least 1 of 7 aggravating factors (N.M.S.A. 1978 § 31-20A-5).
First-degree murder with 1 of 13 aggravating factors (NY Penal Law §125.27).
First-degree murder (N.C.G.S. §14-17) with the nding of at least 1 of 11 statutory aggravating circumstances (N.C.G.S.
§ 15A-2000).
Aggravated murder with at least 1 of 10 aggravating circumstances (O.R.C. 2903.01, 2929.02, and 2929.04).
First-degree murder (21 O.S. § 701.7) in conjunction with a nding of at least 1 of 8 statutorily dened aggravating
circumstances (21 O.S. § 701.12) .
Aggravated murder (O.R.S. 163.095).
First-degree murder (18 Pa.C.S.A § 2502(a)) with 18 aggravating circumstances (42 Pa.C.S.A § 9711).
Murder with at least 1 of 12 aggravating circumstances (§ 16-3-20(C)(a)).
First-degree murder (S.D.C.L. 22-16-4) with 1 of 10 aggravating circumstances (S.D.C.L. 23A-27A-1).
First-degree murder (Tenn. Code Ann. § 39-13-202) with 1 of 15 aggravating circumstances (Tenn. Code Ann. § 39-13-204).
Criminal homicide with 1 of 9 statutory aggravators (Tex. Penal Code § 19.03).
Aggravated murder (Utah Code Ann. § 76-5-202).
Pre-meditated murder with 1 of 15 aggravating circumstances (VA Code § 18.2-31(1-15)).
Aggravated rst-degree murder.
First-degree murder; and murder during the commission of sexual assault, sexual abuse of a minor, arson, robbery,
burglary, escape, resisting arrest, kidnapping, or abuse of a minor younger than age 16 (W.S.A. § 6-2-101(a)).
a
The Delaware Supreme Court held that a portion of Delaware’s death-penalty-sentencing statute (11 Del. C. § 4209) was unconstitutional (Rauf v.
State, 145 A.3d 430 (Del. 2016)). No legislative action has been taken to amend the statute. As a result, capital cases are no longer pursued in Delaware.
b
New Mexico enacted a prospective repeal of its capital statute as of July 1, 2009. Oenders who committed capital oenses on or before that date
are eligible for the death penalty.
c
The New York Court of Appeals held that a portion of New York’s death-penalty-sentencing statute (CPL 400.27) was unconstitutional (People v. Taylor,
9 N.Y. 3d 129 (2007)). No legislative action has been taken to amend the statute. As a result, capital cases are no longer pursued in New York.
d
The Washington Supreme Court has declared the state’s death-penalty statute unconstitutional (State v. Gregory, 192 Wash. 2d 1, 427 P.3d 621
(2018)). No legislative action has been taken to repeal the statute.
Source: Bureau of Justice Statistics, National Prisoner Statistics program (NPS-8), 2018.