§ 19.03. Capital Murder
(a) A person commits an
offense if he commits murder as defined under Section 19.02(b)(1) and:
(1) the person murders a
peace officer or fireman who is acting in the lawful discharge of an official
duty and who the person knows is a peace officer or fireman;
(2) the person intentionally
commits the murder in the course of committing or attempting to commit
kidnapping, burglary, robbery, aggravated sexual assault, arson, or obstruction
or retaliation;
(3) the person commits the
murder for remuneration or the promise of remuneration or employs another to
commit the murder for remuneration or the promise of remuneration;
(4) the person commits the
murder while escaping or attempting to escape from a penal institution;
(5) the person, while
incarcerated in a penal institution, murders another:
(A) who is employed in the
operation of the penal institution; or
(B) with the intent to
establish, maintain, or participate in a combination or in the profits of a
combination;
(6) the person:
(A) while incarcerated for
an offense under this section or Section 19.02, murders another; or
(B) while serving a sentence
of life imprisonment or a term of 99 years for an offense under Section 20.04,
22.021, or 29.03, murders another;
(7) the person murders more
than one person:
(A) during the same criminal
transaction; or
(B) during different
criminal transactions but the murders are committed pursuant to the same scheme
or course of conduct; or
(8) the person murders an
individual under six years of age.
(b) An offense under this
section is a capital felony.
(c) If the jury or, when
authorized by law, the judge does not find beyond a reasonable doubt that the
defendant is guilty of an offense under this section, he may be convicted of
murder or of any other lesser included offense.
Added by Acts 1973, 63rd
Leg., p. 1123, ch. 426, art. 2, § 1, eff. Jan. 1, 1974. Amended by Acts 1983,
68th Leg., p. 5317, ch. 977, § 6, eff. Sept. 1, 1983; Acts 1985, 69th
Leg., ch. 44, § 1, eff. Sept. 1, 1985; Acts 1991, 72nd Leg., ch.
652, § 13, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 715, § 1,
eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 887, § 1, eff. Sept.
1, 1993; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.