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Capital Punishment, 2006 - Statistical Tables

Table 1. Capital offenses by State, 2006
State  Offense
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; first-degree kidnapping resulting in death; treason.
Connecticut Capital felony with 8 forms of aggravated homicide (C.G.S. 53a-54b).
Delaware First-degree murder with at least 1 statutory aggravating circumstance.
Florida First-degree murder; felony murder; capital drug trafficking; capital sexual battery.
Georgia Murder; kidnapping 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 commission of a crime of terrorism (NJSA 2C:11-3c).
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 §125.27).
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. § 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 first-degree murder.
Wyoming First-degree murder.
* Revised statutory provisions relating to the death penalty during 2006.
Source: National Prisoner Statistics Program (NPS-8).
   See also Methodology.
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