Capital Punishment, 2020 – Statistical Tables | December 2021 6
TABLE 2
Capital oenses, by state, 2020
State Oense
Alabama Intentional murder (Ala. Stat. Ann. § 13A-5-40(a)(1)-(21)) with 14 aggravating factors (Ala. Stat. Ann. § 13A-5-49).
Arizona First-degree murder, including premeditated murder and felony murder, accompanied by at least 1 of 10 aggravating
factors (A.R.S. § 13-703(F)).
Arkansas Capital murder (Ark. Code Ann. § 5-10-101) with a nding of at least 1 of 10 aggravating circumstances; and treason
(Ark. Code Ann. § 5-51-201).
California First-degree murder with special circumstances; military sabotage; train wreck causing death; treason; perjury resulting in
the execution of an innocent person; and fatal assault by a prisoner serving a life sentence.
Delaware
a
First-degree murder (11 Del. C. § 636) with at least 1 statutory aggravating circumstance (11 Del. C. § 4209).
Florida First-degree murder with aggravating factors; felony murder; and capital drug-tracking felonies.
Georgia Murder with aggravating circumstances; rape, armed robbery, or kidnapping with bodily injury or ransom when the victim
dies; aircraft hijacking; and treason (O.C.G.A. § 17-10-30).
Idaho First-degree murder with aggravating factors; rst-degree kidnapping; and perjury resulting in the execution of an
innocent person.
Indiana Murder with 1 or more of 18 aggravating circumstances (I.C. 35-50-2-9).
Kansas Intentional and premeditated killing of a person in 1 or more of 7 dierent circumstances (K.S.A. 21-5401).
Kentucky Capital murder with the presence of at least 1 statutory aggravating circumstance; and capital kidnapping (K.R.S. 532.025).
Louisiana First-degree murder (La. R.S. 14:30) with aggravating circumstances (La. C.Cr.P. 905.4); and treason (La. R.S. 14:113).
Mississippi Capital murder with aggravating circumstances (Miss. Code Ann. § 97-3-19(2)); and aircraft piracy (Miss. Code Ann.
§ 97-25-55(1)).
Missouri First-degree murder with at least 1 statutory aggravating circumstance (565.020 R.S.M.O. 2000).
Montana Deliberate homicide, including felony murder, with 1 of 9 aggravating circumstances (Mont. Code Ann. § 46-18-303);
aggravated kidnapping resulting in death of victim or rescuer; attempted deliberate homicide; aggravated assault or
kidnapping while in detention; and capital sexual intercourse without consent (Mont. Code Ann. § 45-5-503).
Nebraska First-degree murder with a nding of 1 or more statutory aggravating circumstances.
Nevada First-degree murder with at least 1 of 15 aggravating circumstances (N.R.S. 200.030, 200.033, 200.035).
New York
b
First-degree murder with 1 of 13 aggravating factors (NY Penal Law § 125.27).
North Carolina First-degree murder (N.C. Gen. Stat. § 14-17) with the nding of at least 1 of 11 statutory aggravating circumstances
(N.C. Gen. Stat. § 15A-2000).
Ohio Aggravated murder with at least 1 of 10 aggravating circumstances (O.R.C. 2903.01, 2929.02, 2929.04).
Oklahoma First-degree murder (21 O.S. § 701.7) in conjunction with a nding of at least 1 of 8 statutorily dened aggravating
circumstances (21 O.S. § 701.12).
Oregon Aggravated murder (O.R.S. 163.095).
Pennsylvania First-degree murder (18 Pa.C.S.A. § 2502(a)) with 18 aggravating circumstances (42 Pa.C.S.A. § 9711).
South Carolina Murder with at least 1 of 12 aggravating circumstances (S.C. Code § 16-3-20(C)(a)).
South Dakota First-degree murder (S.D.C.L. 22-16-4) with 1 of 10 aggravating circumstances (S.D.C.L. 23A-27A-1).
Tennessee First-degree murder (Tenn. Code Ann. § 39-13-202) with 1 of 18 aggravating circumstances (Tenn. Code Ann. § 39-13-204).
Texas Capital murder, dened as criminal homicide with 1 of 9 statutory aggravators (Tex. Penal Code § 19.03).
Utah Aggravated murder (Utah Code Ann. § 76-5-202).
Virginia Capital murder, dened as the willful, deliberate, and premeditated murder accompanied by 1 of 15 aggravating
circumstances (VA Code § 18.2-31(A)(1-15)).
Washington
c
Aggravated rst-degree murder.
Wyoming First-degree murder, including premeditated murder and murder during the commission of sexual assault, sexual abuse
of a minor, arson, robbery, burglary, escape, resisting arrest, kidnapping, or abuse of a minor younger than age 16
(W.S.A. § 6-2-101(a)).
Note: New Hampshire repealed its death penalty eective May 30, 2019. One man remains under a previously imposed sentence of death.
a
The Delaware Supreme Court held that a portion of Delaware’s death penalty sentencing statute (11 Del. C. § 4209) was unconstitutional (Rauf v.
State, 145 A.3d 430 (Del. 2016)). No legislative action has been taken to amend the statute. As a result, capital cases are no longer pursued in Delaware.
b
The New York Court of Appeals held that a portion of New York’s death penalty sentencing statute (C.P.L. 400.27) was unconstitutional (People v.
Taylor, 9 N.Y.3d 129 (2007)). No legislative action has been taken to amend the statute. As a result, capital cases are no longer pursued in New York.
c
The Washington Supreme Court has declared the state’s death penalty statute unconstitutional as applied (State v. Gregory, 192 Wash. 2d 1, 427 P.3d
621 (2018)). No legislative action has been taken to revise or repeal the statute.
Source: Bureau of Justice Statistics, National Prisoner Statistics program (NPS-8), 2020.