Capital Murder

Capital Murder applies when a person commits Murder as defined under Section 19.02 of the Texas Penal Code plus several additional criteria.

Definition of Murder

A person commits Murder if he:

1. intentionally or knowingly causes the death of an individual;
2. intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or
3. commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.

When Murder becomes Capital Murder

A person commits Capital Murder if he commits Murder and:

1. the victim was an on duty police officer or firefighter
2. the murder occurred while the accused was committing:
   • kidnapping,
   • burglary,
   • robbery,
   • aggravated sexual assault,
   • arson,
   • obstruction or retaliation, or
   • terroristic threat
3. the murder was for hire
4. the accused committed the murder while trying to escape from prison
5. the accused was incarcerated and:
   • murdered a prison employee, or
   • the murder was part of a collaboration between three or more people (i.e. gang related)
6. the accused was incarcerated for murder and then commits another murder
7. the accused was serving a life sentence for aggravated kidnapping, aggravated sexual assault or aggravated robbery and then commits another murder
8. there was more than one victim during the same or related criminal actions
9. the victim was under 15 years old; or
10. the victim was a judge

The Penalty for Capital Murder

The penalty for Capital Murder is either Death or Life in Prison without the possibility of parole. If the accused was under the age of 18 at the time of the murder, however, then the accused may serve a life sentence with the possibility of parole.

When Capital Murder Does not Apply

Capital Murder does not apply to:

1. a mother who causes a miscarriage for any reason
2. either unlicensed or licensed abortions
3. embryos discarded by a licensed assisted reproduction clinic
4. an accidental overdose of lawfully prescribed dugs