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.
To prove this offense, the State must establish each of the following elements: Underlying §19.02(b)(1) Murder; Plus an aggravator listed in §19.03(a).
The base classification is Capital felony, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.
Elements you must prove
- 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 | Statute |
|---|---|---|
| If State seeks death — death penalty | Death | Tex. Code Crim. Proc. art. 37.071 |
| Adult, no death sought — mandatory life without parole | Life without parole | §12.31(a)(2) |
Practice 1 question on this topic
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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