Texas Penal Code Practice 2025 - Free Penal Code Practice Questions and Study Guide

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What constitutes "capital murder" in the Texas Penal Code?

Murder committed during a robbery

Murder of a police officer or in specific felony acts

The definition of "capital murder" in the Texas Penal Code specifically includes certain aggravated circumstances that elevate homicide to the level of capital murder. One of the qualifying elements is the murder of a police officer or a murder that occurs in the course of certain severe felonies, such as a robbery, aggravated sexual assault, or arson. This classification signifies that the crime is among the most serious offenses recognized by the state, warranting the possibility of the death penalty or life imprisonment without parole.

The other options do not capture the specific criteria necessary for capital murder under Texas law. While murder during a robbery does imply a gravity that could lead to a capital charge, it does not encompass the broader range of qualifying felonies that might apply. Simply having intent in any homicide does not meet the stringent requirements of capital murder, nor does accidental murder with negligence, as these scenarios would be classified under different sections of homicide law without the aggravating factors associated with capital murder.

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Any homicide that involves intent

Accidental murder with negligence

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