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What Crimes Constitute Capital Murder In Texas?

  • murder of a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman;
  • murder during the commission or attempted commission of kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat;
  • murder for remuneration or promise of remuneration or employing another to commit murder for remuneration or promise of remuneration;
  • murder during escape or attempted escape from a penal institution;
  • murder, while incarcerated in a penal institution, of a correctional employee or with the intent to establish, maintain, or participate in a combination or in the profits of a combination;
  • murder while incarcerated in a penal institution for a conviction of murder or capital murder;
  • murder while incarcerated in a penal institution serving a life sentence or a 99-year sentence for a conviction of aggravated kidnapping, aggravated sexual assault, or aggravated robbery;
  • murder of more than one person during the same criminal transaction or during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct;
  • murder of an individual under 10 years of age, or older than 10 years of age but younger than 15 years of age; or
  • murder in retaliation for or on account of the service or status of the other person as a judge or justice of the supreme court, the court of criminal appeals, a court of appeals, a district court, a criminal district court, a constitutional county court, a statutory county court, a justice court, or a municipal court.

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