Sec. 19.03. CAPITAL MURDER.
(a) A person commits an offense if he commits murder as defined under Section 19.02(b)(1) and:
~ ~ (1) the person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman;
~ ~ (2) the person intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, or obstruction or retaliation;
~ ~ (3) the person commits the murder for remuneration or the promise of remuneration or employs another to commit the murder for remuneration or the promise of remuneration;
~ ~ (4) the person commits the murder while escaping or attempting to escape from a penal institution;
~ ~ (5) the person, while incarcerated in a penal institution, murders another:
~ ~ ~ (A) who is employed in the operation of the penal institution; or
~ ~ ~ (B) with the intent to establish, maintain, or participate in a combination or in the profits of a combination;
~ ~ (6) the person:
~ ~ ~ (A) while incarcerated for an offense under this section or Section 19.02, murders another; or
~ ~ ~ (B) while serving a sentence of life imprisonment or a term of 99 years for an offense under Section 20.04, 22.021, or 29.03, murders another;
~ ~ (7) the person 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; or
~ ~ (8) the person murders an individual under six years of age.
~ (b) An offense under this section is a capital felony.
~ (c) If the jury or, when authorized by law, the judge does not find beyond a reasonable doubt that the defendant is guilty of an offense under this
section, he may be convicted of murder or of any other lesser included offense.
