In Texas, an intentional or knowing killing can be elevated from murder to capital murder if one of the qualifying circumstances exists. Identify five different statutory circumstances that will elevate a murder to a capital murder
Do NOT answer with examples.
Answers will vary but an intentional or knowingly killing will elevate to capital murder if:
• Victim known to be a peace officer in performance of duties
• Victim known to be a fireman in performance of duties
• Murder committed during kidnapping
• Murder committed during burglary
• Murder committed during robbery
• Murder committed during aggravated sexual assault
• Murder committed during arson
• Murder committed during obstruction or retaliation
• Murder committed during certain forms of terroristic threat
• Murder for remuneration or promise of remuneration or employs another to commit murder
• Murder committed while escaping from penal institution
• Murder committed by inmate and victim is employee of penal institution
• Murder committed by inmate for purposes of facilitating prison gang activities
• Inmate serving time for murder or capital murder kills another
• Inmate serving life or 99 years for certain violent felonies kills another
• Mass murder
• Serial murder
• Victim under 10 years of age
• Victim is judge murdered in retaliation for service or status.
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