Crimes for Capital Offenses

Capital offenses

The penal code provides for possible capital punishment in:

* treason against the state of California, defined as levying war against the state, adhering to its enemies, or giving them aid and comfort.[6]
* perjury causing execution of an innocent person[7]
* first-degree murder with special circumstances[8]
o for financial gain (1)
o the defendant had previously been convicted of first or second degree murder (2)
o multiple murders (3)
o committed using explosives (4) ; (6)
o to avoid arrest or aiding in escaping custody (5)
o the victim was an on-duty peace officer; federal law enforcement officer or agent; or firefighter (7) ; (8) ; (9)
o the victim was a witness to a crime and the murder was committed to prevent them from testifying (10)
o the victim was a prosecutor or assistant prosecutor; judge or former judge; elected or appointed official; juror; and the murder was in retaliation for the victim's official duties (11) ; (12) ; (13) ; (20)
o the murder was "especially heinous, atrocious, or cruel, manifesting exceptional depravity" (14)
o the murderer lay in wait for the victim (15)
o the victim was intentionally killed because of their race, religion, nationality, or country of origin (a Hate crime) (16)
o the murder was committed during the commissioning of robbery; kidnapping; rape; sodomy; performance of a lewd or lascivious act upon the person of a child under the age of 14 years; oral copulation; burglary; arson; train wrecking; mayhem; rape by instrument; carjacking; torture; poisoning (17)
o the murder was intentional and involved the infliction of torture (18)
o poisoning (19)
o the murder was committed by discharging a firearm from a motor vehicle (21)
o the defendant is an active member of a criminal street gang and was to further the activities of the gang (22)
* train wrecking which leads to a person's death.[9]