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Texas Capital Punishment Laws

Capital punishment (the death penalty) has a long and controversial history in the U.S., where each state makes its own laws concerning the sentence. Most states, including Texas, allow capital punishment for the most serious crimes. As with most other states, Texas uses lethal injection for its executions. Those under the age of 17 or lacking capacity (such as legal insanity) may not be executed in Texas.

The basics of capital punishment laws in Texas are highlighted in the table below. See FindLaw's Death Penalty section for more related articles.

Code Section Pen. 12.31, 19.03, 8.07; CCrP 37.071, 43.14
Is Capital Punishment Allowed? Yes
Effect of Defendant's Incapacity Exempt from execution
Minimum Age 17
Available for Crimes Other than Homicide? -
Definition of Capital Homicide Victim is peace officer or fireman in official duty; while committing/attempting to commit kidnapping, burglary, robbery, aggravated sexual assault or arson; obstruction; retaliation; for remuneration or employs another; while escaping; incarcerated and victim is employee or inmate; murder more than one person during same criminal transaction or scheme or course of conduct; victim under 6 years
Method of Execution Lethal injection

Note: State laws are constantly changing -- contact a Texas criminal defense attorney or conduct your own legal research to verify the state law(s) you are researching.

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