Capital Murder
Murder under §19.02(b)(1) PLUS at least one statutory aggravator: knowingly killing a peace officer/firefighter on duty; murder during certain felonies (robbery, burglary, kidnapping, sexual assault, arson, obstruction/retaliation, terroristic threat); for remuneration; multiple victims in same scheme; while incarcerated; victim under 10; in retaliation against judge.
The base classification is Capital felony, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.
Key points
- Underlying §19.02(b)(1) Murder
- Plus an aggravator listed in §19.03(a)
Murder under §19.02(b)(1) PLUS at least one statutory aggravator: knowingly killing a peace officer/firefighter on duty; murder during certain felonies (robbery, burglary, kidnapping, sexual assault, arson, obstruction/retaliation, terroristic threat); for remuneration; multiple victims in same scheme; while incarcerated; victim under 10; in retaliation against judge.
| If this condition applies… | Charge escalates to |
|---|---|
| If State seeks death — death penalty | Death |
| Adult, no death sought — mandatory life without parole | Life without parole |
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Worked examples
Capital Murder under §19.03 requires Murder under §19.02(b)(1) PLUS at least one statutory aggravator. Which is a qualifying aggravator?
- The killing occurred during a heated argument
- The defendant had a prior felony
- The victim was a peace officer or firefighter acting in the lawful discharge of an official duty, and the actor knew it Correct
- The victim was unarmed