The death penalty in the United States is almost exclusively reserved for the crime of first-degree murder (with aggravating circumstances in most states). Circumstances that are considered aggravating vary by state.

The US Supreme Court's recent decision in Kennedy v. Louisiana, 554 US ___ (2008) has outlawed capital punishment for non-lethal rape of a child as a violation of the 8th Amendment prohibition against cruel and unusual punishment. This overturned laws in six states, as well as a 2006 amendment to military code, that allowed capital punishment of sex crimes against children.

At present, the only crimes that may carry a capital sentence are murder and crimes against the state (e.g., espionage, treason)

Alabama: Intentional murder with 18 aggravating factors

Arizona: First-degree murder accompanied by at least 1 of 14 aggravating factors

Arkansas: Capital murder with a finding of at least 1 of 10 aggravating circumstances, as of 7/31/2007, includes murder committed in the course of: robbery, aggravated robbery, residential burglary, or commercial burglary; treason.

California: First-degree murder with special circumstances; treason; perjury causing execution.

Colorado: First-degree murder with at least 1 of 17 aggravating factors; first-degree kidnapping resulting in death; treason

Connecticut: Capital murder with with aggravating factors.

Delaware: First-degree murder with at least 1 aggravating circumstances.

Florida: First-degree murder; felony murder

Georgia: Murder; kidnapping with bodily injury or ransom when the victim dies; treason.

Idaho: First-degree murder with aggravating factors; aggravated kidnapping; perjury resulting in death.

Illinois: First-degree murder with 1 of 21 aggravating circumstances; treason.

Indiana: Murder with 1 of 16 aggravating circumstances.

Kansas: Capital murder with 1 of 8 aggravating circumstances.

Kentucky: Murder with aggravating factors; kidnapping with aggravating factors.

Louisiana: First-degree murder; treason.

Maryland: First-degree murder, either premeditated or during the commission of a felony, provided that certain death eligibility requirements are satisfied.

Mississippi: Capital murder; treason.

Missouri: First-degree murder; treason.

Montana: Capital murder with 1 of 9 aggravating circumstances.

Nebraska: First-degree murder with at least one aggravating circumstance.

Nevada: First-degree murder with at least 1 of 15 aggravating circumstances.

New Hampshire: Six categories of capital murder.

North Carolina: First-degree murder.

Ohio: Aggravated murder with at least 1 of 10 aggravating circumstances.

Oklahoma: First-degree murder in conjunction with a finding of at least 1 of 8 aggravating circumstances.

Oregon: Murder with unspecified number of 12 aggravating factors.

Pennsylvania: First-degree murder with 18 aggravating circumstances.

South Carolina: Murder with 1 of 12 aggravating circumstances.

South Dakota: First-degree murder with 1 of 10 aggravating circumstances.

Tennessee: First-degree murder with 1 of 20 aggravating circumstances.

Texas: Criminal homicide with 1 of 9 aggravating circumstances.

Utah: Murder with 1 of 17 aggravating factors.

Virginia: First-degree murder with 1 of 13 aggravating circumstances.

Washington: First-degree murder with unspecified number of aggravating factors; treason.

Wyoming: First-degree murder, including murder during the commission of sexual abuse of a minor.

FEDERAL: First-degree murder; Espionage; Treason

(Updated November 4, 2009)

Mostly just murder.

Resources

Top Categories

Product

Company