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Same name, different sentence

What is a capital felony?

A capital felony is one of the grades states use to rank felonies by how serious they are. 4 states use the name, and each sets its own prison range and fine for it. Here is each one, from the state's own law.

Last checked October 29, 2026. General information, not legal advice.

Capital felony sentences by state
StatePrisonFineThe law
FloridaDeath or life in prison with no paroleDeath applies only if the sentencing proceeding under s. 921.141 results in a death determination. Different rules apply to people who were under 18 at the time.None setFla. Stat. § 775.082(1)(a)1
New MexicoLife in prison, or life in prison without release or paroleNew Mexico abolished the death penalty in 2009.None setN.M. Stat. Ann. § 31-18-142
TexasDeath or life without paroleIf the state does not seek the death penalty, the sentence is life without parole for people 18 or older at the time of the offense, and life for people younger than 18.None setTex. Penal Code § 12.313
UtahDeath, 25 years to life, or life without paroleThese are the sentences for people who were 18 or older at the time of the offense. The statute lists no separate fine limit for capital felonies.None setUtah Code § 76-3-206(2)4

Why the same name means different things

Each state writes its own criminal code. The letters, numbers and degrees only rank crimes within that state, so a capital felony in one state can carry a very different sentence from one next door. A specific crime can also set its own range, and past convictions can raise it. For how a state grades a particular crime, see Is it a felony?

Other felony grades

Sources

Each source was opened and checked on October 29, 2026.

  1. Florida: Fla. Stat. § 775.082(1)(a)
  2. New Mexico: N.M. Stat. Ann. § 31-18-14
  3. Texas: Tex. Penal Code § 12.31
  4. Utah: Utah Code § 76-3-206(2)