Omar Bennett
In Texas, murder is classified as capital murder, murder, manslaughter, and criminally negligent homicide. Capital murder is what other states call first-degree murder. Texas does not classify murders by degrees, instead using a specific classification system that categorises homicide offences based on the circumstances and intent of the crime. Capital murder occurs when a person commits murder under certain circumstances, such as if they know the victim is a police officer or fireman, or if the murder is committed during the course of another crime, such as kidnapping or robbery.
| Characteristics | Values |
|---|---|
| Texas classification | Capital murder |
| Other state classification | First-degree murder |
| Circumstances | The victim is a police officer or fireman, or was a police officer or fireman in the line of duty |
| Circumstances | The murder is committed during the course of the commission of a kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction, or terroristic threat |
| Circumstances | The murder is committed for payment or the promise of payment |
| Circumstances | The murder is committed while escaping from prison |
| Circumstances | The murder is committed against a prison employee by an inmate |
| Intent | Premeditation |
| Intent | Goal to end another's life |
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What You'll Learn
Capital murder
In Texas, the most serious homicide charge is capital murder, which is equivalent to what other states call first-degree murder. However, Texas does not technically use the term "first-degree murder" at all. Instead, the state uses a specific classification system that categorises homicide offences based on the circumstances and intent of the crime.
First-degree murder, as defined in other states, refers to a murder that was premeditated and done with the goal to end another's life. Second-degree murders, on the other hand, are crimes of passion. These murders occur when the offender had no premeditation but did have the intent to kill.
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First-degree murder
In Texas, murder is a type of homicide charge, not a broad classification. The state uses a specific classification system that categorises homicide offences based on the circumstances and intent of the crime. While other states might use terms like "first-degree murder", Texas categorises these crimes as capital murder, murder, manslaughter, and criminally negligent homicide.
Capital murder, also known as first-degree murder in many other states, occurs when a person commits murder under the following circumstances: they know that the victim is a police officer or fireman, or was a police officer or fireman in the line of duty; the murder is committed during the course of the commission of a kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction, or terroristic threat; the murder is committed for payment or the promise of payment; the murder is committed while escaping from prison; or the murder is committed against a prison employee by an inmate.
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Second-degree murder
Texas does not classify murders by degrees, instead using a specific classification system that categorises homicide offences based on the circumstances and intent of the crime. Murder is a type of homicide charge, not a broad classification. Homicide is a felony crime that is defined as "intentionally, knowingly, or recklessly causing the death of an individual".
In other states, first-degree murder refers to a murder that was premeditated and done with the goal to end another's life. Second-degree murder, then, refers to crimes of passion, where the offender had no premeditation but did have the intent to kill.
In Texas, murder is split into capital murder, murder, manslaughter, and criminally negligent homicide. Capital murder, which is equivalent to first-degree murder in other states, occurs when a person commits murder under the following circumstances: they know that the victim is a police officer or fireman, or was a police officer or fireman in the line of duty; the murder is committed during the course of the commission of a kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction, or terroristic threat; the murder is committed for payment or the promise of payment; the murder is committed while escaping from prison; or the murder is committed against a prison employee by an inmate.
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Criminal homicide
In Texas, murder and capital murder are considered criminal homicide offences. However, Texas does not classify murders by degrees. Instead, the state uses a specific classification system that categorises homicide offences based on the circumstances and intent of the crime.
Capital murder, or first-degree murder, occurs when a person commits murder under the following circumstances: they know that the victim is a police officer or fireman, or was a police officer or fireman in the line of duty; the murder is committed during the course of the commission of a kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction, or terroristic threat; the murder is committed for payment or the promise of payment; the murder is committed while escaping from prison; or the murder is committed against a prison employee by an inmate.
Murder, or second-degree murder, can be further split into two smaller categories: first-degree murder and second-degree murder. First-degree murder refers to a murder that was premeditated and done with the goal to end another's life. Second-degree murders are crimes of passion, where the offender had no premeditation but did have the intent to kill.
Manslaughter is a second-degree felony involving recklessly causing death, which can be voluntary or involuntary. Criminally negligent homicide is a state jail felony involving death caused by criminal negligence.
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Texas murder laws
Texas does not classify murders by degrees. Instead, the state uses a specific classification system that categorises homicide offences based on the circumstances and intent of the crime. Murder is a type of homicide charge, not a broad classification.
Homicide is a felony crime that is defined as "intentionally, knowingly, or recklessly causing the death of an individual". Murder is further split into two categories: first-degree murder and second-degree murder. First-degree murder refers to a murder that was premeditated and done with the goal to end another's life. Second-degree murders are crimes of passion. These murders occur when the offender had no premeditation but did have the intent to kill.
Capital murder, also known as first-degree murder in many other states, occurs when a person commits murder under the following circumstances: they know that the victim is a police officer or fireman, or was a police officer or fireman in the line of duty; the murder is committed during the course of the commission of a kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction, or terroristic threat; the murder is committed for payment or the promise of payment; the murder is committed while escaping from prison; or the murder is committed against a prison employee by an inmate.
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Frequently asked questions
Texas does not classify murders by degrees, instead using a specific classification system that categorises homicide offences based on the circumstances and intent of the crime. However, capital murder, which is considered first-degree murder in many other states, occurs when a person commits murder under the following circumstances: they know that the victim is a police officer or fireman, or was a police officer or fireman in the line of duty; the murder is committed during the course of the commission of a kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction, or terroristic threat; the murder is committed for payment or the promise of payment; the murder is committed while escaping from prison; or the murder is committed against a prison employee by an inmate.
Capital murder is considered first-degree murder in many other states, but Texas does not classify murders by degrees. Capital murder is a distinct crime from murder, which can be further split into first-degree and second-degree murder. First-degree murder refers to a murder that was premeditated and done with the goal to end another's life.
Capital murder is the most serious homicide charge in Texas, which is essentially what other states call first-degree murder.
