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Capital Punishment, 2007 - Statistical Tables

Table 1. Capital offenses by State, 2007
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)).
Arkansasa Capital murder (Ark. Code Ann. 5-10-101) with a finding of at least 1 of 10 aggravating circumstances; treason.
  Revision: Amended the definition of capital murder to include murder committed in the course of robbery, aggravated robbery, residential burglary, or commercial burglary (Ark. Cod Ann. � 5-10-101 (Supp. 2007)), effective 7/31/2007.
California First-degree murder with special circumstances; train wrecking; treason; perjury causing execution.
Coloradob 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 (11 Del. C. � 4209).
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).
Maryland First-degree murder, either premeditated or during the commission of a felony, provided that certain death eligibility requirements are satisfied.
Mississippi Capital murder (Miss. Code Ann. � 97-3-19(2)); aircraft piracy (Miss. Code Ann. � 97-25-55(1)).
Missouria First-degree murder (565.020 RSMO 2000).
  Revision: Added to the capital statute provisions for selecting members of the execution team and prohibiting disclosure of the identity of anyone who has been on the execution team (Mo. Rev. Stat � 546.720), effective 8/28/2007.
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).
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.
Oregon Aggravated murder (ORS 163.095).
Pennsylvania First-degree murder with 18 aggravating circumstances.
South Carolinaa 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 an aggravating circumstance murder committed while in the commission of first-degree arson (�16-3-20(C)(a)(1)(j)), effective 6/18/2007.
South Dakotaa First-degree murder with 1 of 10 aggravating circumstances.
  Revision: Amended the code of criminal procedure to allow for use of a 3-drug protocol in administering lethal injection (SDCL � 23A-27A-32), effective 7/1/2007.
Tennesseea First-degree murder with 1 of 15 aggravating circumstances (Tenn. Code Ann. � 39-13-204).
  Revision: Amended the definition of first-degree murder to include killing in the perpetration of rape or aggravated rape of a child (Tenn Code Ann. � 39-13-202(a)(2)), effective 7/1/2007.
Texasa Criminal homicide with 1 of 9 aggravating circumstances (Tex. Penal Code � 19.03); super aggravated sexual assault (Tex. Penal Code � 12.42(c)(3)).
  Revision: Revised the penal code and the code of criminal procedure to allow the death penalty for aggravated sexual assault of victims under the age of 14 when the offender has a previous conviction for a similar offense (TX Penal Code � 12.42(c)(3) and Tex. Code Crim. Proc. Art. 37.072), effective 9/1/2007.
Utaha Aggravated murder (76-5-202, Utah Code Annotated).
  Revision: Amended the criminal code to allow for an automatic sentence of life without parole if the death penalty is ruled unconstitutional (Utah Code Ann. � 76-3-207) and added to the definition of aggravated murder intentional killing when the victim is younger than 14 years of age (Utah Code Ann. � 76-5-202(t)). Both changes became effective 4/30/07.
Virginiaa First-degree murder with 1 of 15 aggravating circumstances (VA Code � 18.2-31).
  Revision: Added to the definition of capital murder willful, deliberate, and premeditated killing of a judge or a witness when the killing is for the purpose of interfering with the person's duties in a criminal case (Va. Code � 18.2-31(14) and (15)), effective 7/1/2007.
Washington Aggravated first-degree murder.
Wyominga First-degree murder.
  Revision: Added as a capital offense murder during the commission of sexual abuse of a minor (W.S. � 6-2-101), effective 7/1/2007.
Note: New Jersey enacted legislation repealing the death penalty (P.L. 2007, c.204 (NJSA 2C:11-3)), effective 12/17/2007.
aNine states revised statutory provisions relating to the death penalty during 2007.
bThe Colorado Supreme Court struck a portion of that state's capital statute on April 23, 2007 (People v. Montour, 157 P.3d 489 (Colo. 2007)). The statute (Colo. Rev. Stat. � 18-1.3-1201(1)(a)) specified that defendants pleading guilty to a class 1 felony be sentenced by the judge, thereby requiring defendants to waive their right to a jury trial on all facts essential to determining death penalty eligibility as established in Ring v. Arizona. The court ruled that this was unconstitutional under Sixth and Fourteenth Amendments.
Source: National Prisoner Statistics Program (NPS-8).
   See also Methodology.
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