Crimes Punishable by the Death PenaltyThe Bureau of Justice Statistics, Capital Punishment 2003 , (November 2003, NCJ 206627) lists the following as captial crimes, by state:
Alabama. Intentional murder with 18 aggravating factors (13A-5-40(a)(1)-(18)).
Arizona. First-degree 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 finding of at least 1 of 10 aggravating circumstances; treason.
California. First-degree murder with special circumstances; train wrecking; treason; perjury causing execution.
Colorado. First-degree murder with at least 1 of 17 aggravating factors; treason.
Connecticut. Capital felony with 8 forms of aggravated homicide (C.G.S. 53a-54b).
Delaware. First-degree murder with aggravating circumstances.
Florida. First-degree murder; felony murder; capital drug trafficking; capital sexual battery.
Georgia. Murder; kidnaping with bodily injury or ransom when the victim dies; aircraft hijacking; treason.
Idaho. First-degree murder with aggravating factors; aggravated kidnaping.
Illinois. First-degree murder with 1 of 21 aggravating circumstances.
Indiana. Murder with 16 aggravating circumstances (IC 35-50-2-9).
Kansas. Capital murder with 8 aggravating circumstances (KSA 21-3439).
Kentucky. Murder with aggravating factors; kidnaping with aggravating factors (KRS 532.025).
Louisiana. First-degree murder; aggravated rape of victim under age 12; treason (La. R.S. 14:30, 14:42, and 14:113).
Maryland. First-degree murder, either premeditated or during the commission of a felony, provided that certain death eligibility requirements are satisfied.
Mississippi. Capital murder (97-3-19(2) MCA); aircraft piracy (97-25-55(1) MCA).
Missouri. First-degree murder (565.020 RSMO 2000).
Montana. Capital murder with 1 of 9 aggravating circumstances (46-18-303 MCA); capital sexual assault (45-5-503 MCA).
Nebraska. First-degree murder with a finding of at least 1 statutorily-defined aggravating circumstance.
Nevada. First-degree murder with at least 1 of 14 aggravating circumstances (NRS 200.030, 200.033, 200.035).
New Hampshire. Six categories of capital murder (RSA 630:1, RSA 630:5).
New Jersey. Murder by one's own conduct, by, committed in furtherance of a narcotics conspiracy, or during the commission of the crime of terrorism (NJSA 2C:11-3C).
New Mexico. First-degree murder with at least 1 of 7 statutorily-defined aggravating circumstances (Section 30-2-1 A, NMSA).
New York. First-degree murder with 1 of 13 aggravating factors (NY Penal Law Sec. 125.27). (NOTE: On June 24, 2004, the New York death penalty statute was ruled unconstitutional.)
North Carolina. First-degree murder (NCGS ¤14-17).
Ohio. Aggravated murder with at least 1 of 10 aggravating circumstances (O.R.C. secs. 2903.01, 2929.02, and 2929.04).
Oklahoma. First-degree murder in conjunction with a finding of at least 1 of 8 statutorily defined aggravating circumstances.
Oregon. Aggravated murder (ORS 163.095).
Pennsylvania. First-degree murder with 18 aggravating circumstances.
South Carolina. Murder with 1 of 10 aggravating circumstances (¤ 16-3-20(C)(a)).
South Dakota. First-degree murder with 1 of 10 aggravating circumstances; aggravated kidnaping.
Tennessee. First-degree murder with 1 of 15 aggravating circumstances (Tenn. Code Ann. Sec. 39-13-204).
Texas. Criminal homicide with 1 of 8 aggravating circumstances (TX Penal Code 19.03).
Utah. Aggravated murder (76-5-202, Utah Code annotated).
Virginia. First-degree murder with 1 of 13 aggravating circumstances (VA Code ¤ 18.2-31).
Washington. Aggravated first-degree murder.
Wyoming. First-degree murder.
http://www.deathpenaltyinfo.org/article.php?did=144&scid=10I'm not a lawyer. I don't know the differences among first degree murder,aggravated murder, and capital murder.
I do question aggravated kidnapping (SD)