Jurisdiction	Minimum Age of Death Sentence Eligibility	Statutory Authority That May Bear on Execution of Persons Who Commit Offenses as Juveniles	Statutory Language That May Bear on Execution of Persons Who Commit Offenses as Juveniles
Alabama	16	Ala. Code s 12-15-34.1	Notwithstanding any other provision of law, any person who has attained the age of 16 years at the time of the conduct charged and who is charged with the commission of any act or conduct, which if committed by an adult would constitute any of the following, shall not be subject to the jurisdiction of the juvenile court but shall be charged, arrested, and tried as an adult: (1) A capital offense. . . (eff. May 1996)
Arizona	None specified
Arkansas	14	AR ST s 9-27-318(b)(1)(Repl. 1991)	...(b) A circuit court and a juvenile court have concurrent jurisdiction and a prosecuting attorney may charge a juvenile in either court when a case involves a juvenile: (1) At least sixteen (16) years old when he engages in conduct that, committed by an adult, would be any felony; (2) Fourteen (14) or fifteen (15) years old when he engages in conduct that, if committed by an adult, would be: (A) Capital murder, s 5-10-101...
California	18	Cal. Penal Code s 190.5	Notwithstanding any other provision of law, the death penalty shall not be imposed upon any person who is under the age of 18 at the time of the commission of the crime. (Nov. 7, 1978)
Colorado	18	Colo. Rev. Stat. Ann. s 16-11-103	Upon conviction of guilt of a defendant of a class 1 felony, a panel of three judges, as soon as practicable, shall conduct a separate sentencing hearing to determine whether the defendant should be sentenced to death or life imprisonment, unless the defendant was under the age of 18 at the time of the commission of the offense or unless the defendant has been determined to be a mentally retarded defendant pursuant to part 4 of article 9 of this title, in either of which cases, the defendant shall be sentenced to life imprisonment. (amended 1995)
Connecticut	18	Conn. Gen. Stat. Ann. s 53a-46a(g)(1)	The court shall not impose the sentence of death on the defendant if the jury or, if there is no jury, the court finds by a special verdict, as provided in subsection (e), that at the time of the offense he was under the age of 18. (amended 1995)
Delaware	16	DE ST TI 10 s 1010	(a) A child shall be proceeded against as an adult where: (1) The acts alleged to have been committed constitute first or second degree murder, unlawful sexual intercourse in the first degree or kidnapping in the first degree, or any attempt to commit said crime; (2) The child has reached the child=s 16th birthday and is not amenable to the rehabilitative processes available to the Court; (3) The General Assembly has heretofore or shall hereafter so provide. (See s 4209 Punishment, procedure for determining punishment, review of punishment and method for first-degree murder.)
Florida	16	FL ST s 39.052	4.a. A child of any age who is charged with a violation of state law punishable by death or by life imprisonment is subject to the jurisdiction of the court as set forth in s. 39.049(7) unless and until an indictment on the charge is returned by the grand jury. When such indictment is returned, the petition for delinquency, if any, must be dismissed and the child must be tried and handled in every respect as an adult: (I) On the offense punishable by death or by life imprisonment; and (II) On all other felonies or misdemeanors charged in the indictment which are based on the same act or transaction as the offense punishable by death or by life imprisonment or one or more acts or transactions connected with the offense punishable by death or life imprisonment. C. If the child is found to have committed the offense punishable by death or life imprisonment, the child shall be sentenced as an adult. (effective Oct. 1, 1997)
Georgia	17	GA. Code Ann. s 17-9-3	When it is shown that a person convicted of a capital offense without a recommendation for mercy had not reached his 17th birthday at the time of the commission of the offense, the punishment of such person shall not be death but shall be imprisonment for life. (amended 1974)
Idaho	None specified	ID ST s 20-509	(1) Any juvenile, age fourteen (14) years to age eighteen (18) years, who is alleged to have committed any of the following crimes or pursuant to section 20-508, Idaho Code, has been ordered by the Court to be held for adult criminal proceedings: (a) Murder of any degree or attempted murder. . . . (3) Once a juvenile has been found to have committed the offense for which the juvenile was charged, indicted, or transferred, or has been found guilty or pled guilty to a lesser offense or amended charge growing out of or included within the original charge, whether or not such lesser offense or amended charge is included within the acts enumerated in subsection (1) of this section, the juvenile shall thereafter be handled in every respect as an adult. For any subsequent violation of Idaho law, the juvenile shall be handled in every respect as an adult. (See s 18-4004 Punishment for murder; enacted 1972.)
Illinois	18	720 Ill. Comp. Stat. Ann. 5/9-1	A defendant who at the time of the commission of the offense has attained the age of 18 or more and who has been found guilty of first degree murder may be sentenced to death . . . (enacted 1997)
Indiana	16	Ind. Code Ann. s 35-30-2-3	A person who was at least 16 years of age at the time the murder was committed may be sentenced to death or life imprisonment without parole. (amended 1995)
Kansas	18	Kan. Stat. Ann. s 21-4622	Upon conviction of a defendant of capital murder and a finding that the defendant was less than 18 years of age at the time of the commission thereof, the court shall sentence the defendant as otherwise provided by law, and no sentence of death shall be imposed hereunder. (amended 1994)
Kentucky	16	KY. Rev. Stat. Ann. s 640.040	No youthful offender who has been convicted of a capital offense who was under the age of sixteen (16) years at the time of the commission of the offense shall be sentenced to capital punishment. A youthful offender may be sentenced to capital punishment if he was sixteen (16) years of age or older at the time of the commission of the offense. (effective July 15, 1994)
Louisiana	None specified	LSA-Ch.C. Art. 305	A. (1) When a child is fifteen years of age or older at the time of the commission of first degree murder, second degree murder, aggravated rape, or aggravated kidnaping, he is subject to the exclusive jurisdiction of the juvenile court until either: (a) An indictment charging one of the offenses is returned. (b) The juvenile court holds a continued custody hearing pursuant to Articles 819 and 820 and finds probable cause that he committed one of these offenses, whichever occurs first. (2) Thereafter, the child is subject to the exclusive jurisdiction of the appropriate court exercising criminal jurisdiction for all subsequent procedures, including the review of bail applications, and the child shall be transferred forthwith to the appropriate adult facility for detention prior to his trial as an adult. . .; See s 14:30 - C. Whoever commits the crime of first degree murder shall be punished by death or life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence in accordance with the determination of the jury. (amended 1993)
Maryland	18	MD. Code Ann. Art.27, s 412	If a person found guilty of murder in the first degree was, at the time the murder was committed, less than 18 years old or if the person establishes by a preponderance of the evidence that the person was, at the time the murder was committed, mentally retarded, the person shall be sentenced to imprisonment for life without the possibility of parole and may not be sentenced to death. (amended 1996)
Mississippi	16	MS ST s 43-21-157
Missouri	16	Mo. Ann. Stat. s 565.020	Murder in the first degree is a class A felony, and the punishment shall be either death or imprisonment for life without eligibility for probation or parole, or release except by act of the governor; except that, if a person has not reached his sixteenth birthday at the time of the commission of the crime, the punishment shall be imprisonment for life without eligibility for probation or parole, or release except by act of the governor. (amended 1990)
Montana	None specified	MCA s 41-5-206	(1) After a petition has been filed alleging delinquency, the court may, upon motion of the county attorney, before hearing the petition on its merits, transfer the matter of prosecution to the district court if: (a) (I) the youth charged was 12 years of age or more at the time of the conduct alleged to be unlawful and the unlawful act would constitute sexual intercourse without consent as defined in 45-5-503, deliberate homicide as defined in 45-5-102, mitigated deliberate homicide as defined in 45-5-103, or the attempt, as defined in 45-4-103, of either deliberate or mitigated deliberate homicide if the act had by committed by an adult . . . (2) A person convicted of the offense of deliberate homicide shall be punished by death as provided in 46-18-301 through 46-18-310, by life imprisonment, or by imprisonment in the state prison for a term of not less than 10 years or more than 100 years, except as provided in 46-18-219 and 46-18-222. (effective July 1, 1997)
Nebraska	18	Neb. Rev. Stat. s 28-105.01.	Notwithstanding any other provision of law, the death penalty shall not be imposed upon any person who was under the age of eighteen years at the time of the commission of the crime. (enacted 1982)
Nevada	16	Nev. Rev. Stat. s 176.025	A death sentence shall not be imposed or inflicted upon any person convicted of a crime now punishable by death who at the time of the commission of such crime was under the age of 16 years. As to such a person, the maximum punishment that may be imposed shall be life imprisonment. (enacted 1967).
New Hampshire	17	N.H. Rev. Stat. Ann. s 630:1	In no event shall any person under the age of 17 years be culpable of a capital murder. (eff. Jan. 1, 1995).
New Jersey	18	N.J. Stat. Ann. s 2C:11-3; s 2A:4A-22	A juvenile who has been tried as an adult and convicted of murder shall not be sentenced pursuant to the provisions of subsection c. but shall be sentenced pursuant to the provisions of subsection b. of this section. (N.J.S.A. 2C:11-3)(eff. Jan. 9, 1997); AJuvenile@ means an individual who is under the age of 18 years. (N.J.S.A. 2A:4A-22)(eff. Dec. 5, 1995)
New Mexico	18	N.M. Stat. Ann. s 31-18-14; 28-6-1	When a defendant has been convicted of a capital felony, he shall be punished by life imprisonment or death. However, if the defendant has not reached the age of majority at the time of the commission of the capital felony for which he was convicted, he may be sentenced to life imprisonment but shall not be punished by death. (s 31-18-14) Any person who has reached his eighteenth birthday shall be considered to have reached his majority. (s 28-6-1) (amended 1993)
New York	18	N.Y. Penal Law s 125.27; 400.27	A person is guilty of murder in the first degree when: . . . (b) The defendant was more than eighteen years old at the time of the commission of the crime. (enacted 1995)
North Carolina	17	N.C. Gen. Stat. s 14-17	. . . any person who commits such murder shall be punished with death or imprisonment in the State=s prison for life without parole as the court shall determine pursuant to G.S. 15A-2000, except that any such person who was under 17 years of age at the time of the murder shall be punished with imprisonment in the State=s prison for life without parole. Provided, however, any person under the age of 17 who commits murder in the first degree while serving a sentence imposed for a prior murder shall be punished with death or imprisonment in the State=s prison for life without parole as the court shall determine pursuant to G.S. 15A-2000. (amended 1994)
Ohio	18	Ohio Rev. Code Ann. s 2929.02	Whoever is convicted of or pleads guilty to aggravated murder in violation of section 2903.01 of the Revised Code shall suffer death or be imprisoned for life, as determined pursuant to sections 2929.022, 2929.03, and 2929.04 of the Revised Code, except that no person who raises the matter of age pursuant to section 2929.023 or division c. of section 2929.05 of the Revised Code and who is found not to have been eighteen years of age or older at the time of the commission of the offense shall suffer death. (effective Jan. 1, 1997)
Oklahoma	16	10 Okl.St.Ann. s 7306-1.1	B. Any person thirteen (13), fourteen (14), fifteen (15), sixteen (16), or seventeen (17) years of age who is charged with murder in the first degree shall be considered as an adult. (See s 701.9 - Punishment for murder.)
Oregon	18	OR. Rev. Stat. s 137.707	. . . a person who was under 18 years of age at the time of the offense was committed is not subject to a sentence of death. (enacted 1995)
Pennsylvania	None specified	Pa. C.S.A. s 6355	General rule-- After a petition has been filed alleging delinquency based on conduct which is designated a crime or public offense under the laws, including local ordinances, of this Commonwealth, the court before hearing the petition on its merits may rule that this chapter is not applicable and that the offense should be prosecuted, and transfer the offense, where appropriate, to the division or a judge of the court assigned to conduct criminal proceedings, for prosecution of the offense if all of the following exist: (1) The child was 14 or more years of age at the time of the alleged conduct; (e) Murder and other excluded acts.--Where the petition alleges conduct which if proven would constitute murder...the court shall require the offense to be prosecuted under the criminal law and procedures, except where the case has ben transferred pursuant to section 6322 (relating to transfer from criminal proceedings) from the division or a judge of the court assigned to conduct criminal proceedings. (See s 1102 (a) Murder of the first degree.--A person who has been convicted of a murder of the first degree shall be sentenced to death or to a term of life imprisonment in accordance with 42 Pa.C.S. s 9711 (relating to sentencing procedure for murder of the first degree).
South Carolina	None specified
South Dakota	None specified	SD ST s 26-11-3.1	Any delinquent child sixteen years or age or older against whom Class A, Class B, Class 1, or Class 2 felony charges may have been filed shall be tried in circuit court as an adult. (enacted 1997). (See s 22-6-1 Felony classes and penalties --Restitution -- Habitual criminal sentences -- Unclassified felonies, amended 1997)
Tennessee	18	TN Code Ann. s 37-1-134	After describing circumstances in which children can be transferred to adult court for trial, the statute provides that the district attorney general may not seek, nor may any child transferred under the provisions of this section receive, a sentence of death for the offense for which the child was transferred. (amended 1996)
Texas	17	TX Penal Code Ann. s 8.07	No person may, in any case, be punished by death for an offense committed while he was younger than 17 years. (amended 1995; effective Jan. 1, 1996)
Utah	None specified	UT ST s 78-3a-502	Except as provided in Section 78-3a-602, in the case of a minor 14 years of age or older, the county attorney, district attorney, or attorney general may commence an action by filing a criminal information and a motion requesting the juvenile court to waive its jurisdiction and certify the minor to the district court.; (See s 76-3-206 - A person who has plead guilty to or been convicted of a capital felony shall be sentenced in accordance with Section 76-3-207. That sentence shall be death, life imprisonment, or on or after April 27, 1992, life in prison without parole.) (amended 1992)
Virginia	14	VA ST s 16.1-269.1	Except as provided in subsections B and C, if a juvenile fourteen years of age or older at the time of an alleged offense is charged with an offense which would be a felony if committed by an adult, the court shall, on motion of the attorney for the Commonwealth and prior to a hearing on the merits, hold a transfer hearing and may retain jurisdiction or transfer such juvenile for proper criminal proceedings to the appropriate circuit court having criminal jurisdiction of such offenses if committed by an adult.; See s 18.2-10 - The authorized punishments for conviction of a felony are: (a) For Class 1 felonies, death, or imprisonment for life and, subject to subdivision (g), a fine of not more than $100,000.
Washington	18		The U. S. Department of Justice Bureau of Justice Statistics Bulletin, Capital Punishment 1996, December 1997, states that a minimum age of 18 has been established by court decision. (See In re Boot, 130 Wash.2d 553, 925 P.2d 964 (1996) and State v. Furman, 122 Wash.2d 440, 858 P.2d 1092 (1993)).
Wyoming	16	Wyo. Stat. Ann. s 6-2-101	A person convicted of a murder in the first degree shall be punished by death or life imprisonment according to law, except that no person shall be subject to the penalty of death for any murder committed before the defendant attained the age of sixteen (16) years. (amended 1994)
Federal Government	18	18 U.S.C.A. s 3591(a),(b)	A. ...except that no person may be sentenced to death who was less than 18 at the time of the offense.@