1.142 — CAPITAL MURDER

Violations of "Statute 1.142" results in a Class A Felony

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(a) Definitions

Capital Murder refers to the unlawful and intentional killing of another person under circumstances that make the offense eligible for the most severe penalties, including life imprisonment or the death penalty. Capital murder is distinguished from other homicide offenses by specific aggravating factors, such as the killing of certain individuals, multiple victims, or murders committed in the course of other serious felonies.

(b) Elements

To establish the offense of Capital Murder, the prosecution must prove beyond a reasonable doubt the following elements:

• The defendant intentionally and unlawfully caused the death of another person.

• The killing involved one or more aggravating circumstances, including but not limited to:

  • The victim was a law enforcement officer, judge, prosecutor, or other government official performing official duties.

  • The murder was committed for financial gain or as part of a contract killing.

  • The murder occurred during the commission or attempted commission of another serious felony, such as robbery, kidnapping, rape, or arson.

  • The defendant engaged in multiple murders, either simultaneously or as part of a common scheme.

  • The murder was committed in a particularly heinous, cruel, or depraved manner.

  • The killing was motivated by racial, religious, or other discriminatory factors.

  • The defendant had a prior conviction for murder or another violent felony.

(c) Defenses

Defenses against a charge of Capital Murder may include:

• The defendant acted in self-defense or defense of others, believing their life or the life of another was in immediate danger.

• The defendant lacked the intent to commit murder, such as in cases of accidental death or misidentification.

• The defendant was wrongfully accused due to mistaken identity or unreliable witness testimony.

• The defendant lacked mental capacity at the time of the crime due to insanity or diminished mental responsibility.

• The prosecution lacks sufficient evidence to prove beyond a reasonable doubt that the murder meets the criteria for capital punishment.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

• The brutality or torture inflicted on the victim before death.

• The premeditation and planning of the murder.

• The vulnerability of the victim, such as a child, elderly person, or disabled individual.

• The use of explosives, poison, or other particularly dangerous methods.

• The impact on the community, including cases that cause widespread fear or unrest.

• The murder of a key witness to prevent testimony in a criminal case.