States determine what their laws are, some are more strict, some are less strict.
This is California's law:
https://www.cronisraelsandstark.com/special-circumstances-murder
California Penal Code 190.2(a) PC lists the often-changing specific situations that would qualify as special circumstances to elevate a murder charge. It should be noted that the courts and legislators sometimes modify this list. Some examples of what might constitute special circumstances include the following:
The murder was to obtain a financial benefit.
The defendant has a prior murder conviction.
The defendant murdered multiple people in the same trial.
The victim was a state or federal peace officer or firefighter.
The victim was a judge, prosecutor, or juror killed in retaliation or to prevent them from performing their duties.
The victim was a witness who was killed to silence them.
A bomb or destructive device was used to commit murder.
The murder was committed to prevent arrest or escape.
The murder was committed by lying in wait.
The murder was committed using poison.
The murder involved the torture of the victim.
The murder was part of a hate crime based on race or religion.
The murder was committed in the commission of a felony.
A murder was in a drive-by shooting.
A street gang member committed a murder.
The murder was committed (or attempted) during specific felony crimes such as robbery, rape, arson, kidnapping.
Notably, a first-degree murder conviction becomes a special circumstances murder if you were previously convicted of first or second-degree murder in California or anywhere else.
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