Alabama. Intentional murder with 18 aggravating factors (Ala. Stat. Ann. 13A-5-40(a)(1)-(18)).
Arizona. First-degree murder accompanied by at least 1 of 14 aggravating factors (A.R.S 13-703(F)).
Arkansas. Capital murder (Ark. Code Ann. 5-10-101) with a finding of at least 1 of 10 aggravating circumstances; treason.
California. First-degree murder with special circumstances; train wrecking; treason; perjury causing execution.
Colorado. First-degree murder with at least 1 of 17 aggravating factors; treason.
Connecticut. Capital felony with 8 forms of aggravated homicide (C.G.S. 53a-54b).
Delaware. First-degree murder with at least 1 aggravating circumstances.
Florida. First-degree murder; felony murder; capital drug trafficking; capital sexual battery.
Georgia. Murder; kidnaping with bodily injury or ransom when the victim dies; aircraft hijacking; treason.
Idaho. First-degree murder with aggravating factors; aggravated kidnapping, perjury resulting in death.
Illinois. First-degree murder with 1 of 21 aggravating circumstances.
Indiana. Murder with 16 aggravating circumstances (IC 35-50-2-9).
Kansas. Capital murder with 8 aggravating circumstances (KSA 21-3439, KSA 21-4625).
Kentucky. Murder with aggravating factors; kidnapping with aggravating factors (KRS 32.025).
Louisiana. First-degree murder; aggravated rape of victim under age 13; treason (La. R.S. 14:30, 14:42, and 14:113).
Revision: Revised the definition of aggravated rape as a capital-eligible offense to include any offense involving victims under age 13. (2006 La. Sess. Law, Act 178), effective 8/15/2006.
Maryland. First-degree murder, either premeditated or during the commission of a felony, provided that certain death eligibility requirements are satisfied.
Mississippi. Capital murder (97-3-19(2) MCA); aircraft piracy (97-25-55(1) MCA).
Missouri. First-degree murder (565.020 RSMO 2000).
Montana. Capital murder with 1 of 9 aggravating circumstances (Mont. Code Ann. § 46-18-303); aggravated sexual intercourse without consent (Mont. Code Ann. § 45-5-503).
Nebraska. First-degree murder with a finding of at least 1 statutorily-defined aggravating circumstance.
Nevada. First-degree murder with at least 1 of 15 aggravating circumstances (NRS 200.030, 200.033, 200.035).
New Hampshire. Six categories of capital murder (RSA 630:1, RSA 630:5).
Revision: Amended the capital statute to increase the minimum age of eligibility for a death sentence from 17 to 18 years at the time the offense was committed (N.H. Rev. Stat. Ann. 630:1,V), effective 1/1/2006.
New Jersey. Murder by one's own conduct, by solicitation, committed in furtherance of a narcotics conspiracy, or during the commission of the crime of terrorism (NJSA 2C:11-3C). NOTE: On December 17, 2007, the New Jersey death penalty was abolished.
New Mexico. First-degree murder with at least 1 of 7 statutorily-defined aggravating circumstances (Section 30-2-1 A, NMSA).
New York. First-degree murder with 1 of 13 aggravating factors (NY Penal Law Sec. 125.27). NOTE: On June 24, 2004, the New York death penalty statute was ruled unconstitutional.
North Carolina. First-degree murder (NCGS 14-17).
Ohio. Aggravated murder with at least 1 of 10 aggravating circumstances (O.R.C. secs. 2903.01, 2929.02, and 2929.04).
Oklahoma. First-degree murder in conjunction with a finding of at least 1 of 8 statutorily-defined aggravating circumstances; sex crimes against a child under 14 years of age.
Revision: Added as a capital offense sex crimes against a child under 14 years of age when the offender has a previous conviction for a similar offense (Okla. Stat. Ann. 10 § 7115), effective 7/1/2006.
Oregon. Aggravated murder (ORS 163.095).
Pennsylvania. First-degree murder with 18 aggravating circumstances.
South Carolina. Murder with 1 of 12 aggravating circumstances (§ 16-3-20(C)(a)); criminal sexual conduct with a minor with 1 of 9 aggravators (§ 16-3-655).
Revision: Added as a capital offense second and subsequent offenses of first-degree criminal sexual conduct with a minor who is less than 11 years of age (§16-3-655). Lawmakers also added as an aggravating factor murder committed by a person deemed a sexually violent predator under South Carolina law (§16-3-20(C)(a)(12). Both changes were effective 7/1/2006.
South Dakota. First-degree murder with 1 of 10 aggravating circumstances.
Revision:Amended the definition of aggravated kidnapping to eliminate death as a possible sentence (SDCL 22-19-1), effective 7/1/2006.
Tennessee. First-degree murder with 1 of 15 aggravating circumstances (Tenn. Code Ann. Sec. 39-13-204).
Texas. Criminal homicide with 1 of 9 aggravating circumstances (TX Penal Code 19.03).
Utah. Aggravated murder (76-5-202, Utah Code Annotated).
Virginia. First-degree murder with 1 of 13 aggravating circumstances (VA Code 18.2-31).
Washington. Aggravated