Penal Code · §19.03
Capital Murder
Elements
- Commits murder as defined under §19.02(b)(1); AND
- Any of the following aggravating circumstances apply: victim is a peace officer or fireman acting in official duty; murder committed during the course of kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction/retaliation, or terroristic threat; murder for remuneration or promise of remuneration; murder while incarcerated; multiple murders during same criminal transaction or scheme; victim under 15 (or under 10 prior to 2011 amendments retain coverage); victim under 10; victim is judge in retaliation; mass shooting (4+ persons)
Penalty
Capital felony — punishment is either death (if State sought it and jury so finds) or life imprisonment without parole (§12.31). For defendants under 18 at the time of the offense, sentence is automatically life imprisonment with parole eligibility per §12.31(a)(1).
Enhancements
No further enhancement available — this is the highest classification under Texas law.