Nine different kinds of homicide qualify as capital murder in Texas:
•The victim is a peace officer or fireman acting under their lawful duty at the time of the offense;
•The defendant intentionally commits the murder during the commission or attempted commission of a kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat;
•The defendant is paid to commit the murder or pays someone else to commit the murder;
•The murder occurs during an escape from a penal institution;
•An inmate, while incarcerated murders another A) who is an employee in prison operation, or B) with the intent to establish, maintain, or participate in a combination or in the profits of a combination;
•An inmate, while incarcerated for either capital murder or murder, A) kills another, or B) an inmate serving a life sentence or a term of 99 years for kidnapping, assaultive offenses, or aggravated;
•The defendant murders more than one person A) during the same criminal transaction, or B) during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct;
•The defendant murders a child under six years of age; or
•The defendant murders another person in retaliation for or on account of the service or status of the other person as a judge or justice.