CAPITAL MURDER CHARGES IN TEXAS

For a person to be convicted of capital murder in Texas, they must first be guilty of murder as it is defined in the Texas Penal Code, Title 5,  Section 19.02(b)(1) which states that ‘A person commits an offense if the person intentionally or knowingly causes the death of an individual.’ This basic element of murder, intentional or knowing causation of death, must be met before a capital murder charge can be considered.

However, what distinguishes capital murder from regular murder are the aggravating factors that elevate the crime to the highest level of homicide. These aggravating factors make the crime exceptionally brutal or heinous, and they are what subject the defendant to the harshest possible penalties under Texas law. The Texas Penal Code, Section 19.03 outlines ten aggravating circumstances that can turn a murder charge into capital murder.

1. Murder of a Peace Officer or Fireman: The person murders a peace officer or fireman while they are performing their official duties, and the person knows they are a peace officer or fireman.
2. Murder During the Commission of Another Crime: The person intentionally commits murder while attempting or committing another felony, such as kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction, retaliation, or terroristic threats.
3. Murder for Remuneration: The person commits the murder for payment or the promise of payment, or they hire someone else to commit the murder for remuneration.
4. Murder While Escaping from a Penal Institution: The person commits murder while escaping, or attempting to escape, from a penal institution.
5. Murder by an Inmate: The person, while incarcerated, murders someone employed in the operation of the penal institution or murders to establish, maintain, or participate in a criminal organization.
6. Murder by an Inmate Serving a Long Sentence: The person, while incarcerated for another offense, murders another individual, or murders someone while serving a sentence of life imprisonment or a term of 99 years for certain serious crimes.
7. Murder of Multiple Victims: The person murders more than one person, either during the same criminal episode or during separate events that are connected by a common scheme or plan.
8. Murder of a Child Under 10 Years Old: The person murders a child who is under the age of 10.
9. Murder of a Child Between 10 and 15 Years Old: The person murders a child who is between the ages of 10 and 15.
10. Murder of a Judge or Judicial Officer: The person murders another person in retaliation for their service or status as a judge or judicial officer, including judges or justices at various levels of court.
    
    

These elements are critical in determining whether a person will face capital murder charges, and understanding them is essential when defending against such accusations.