Commits the murder while escaping or attempting to escape from a penal institution. Commits the murder, while incarcerated, of a person who is employed in the operation of the penal institution. Commits the murder, while incarcerated, with the intent to establish, maintain, or participate in a combination or in the profits of a combination, with a "combination" defined as "five or more persons who collaborate in carrying on criminal activities." Commits the murder while incarcerated for murder; or while serving a sentence of life imprisonment or a term of 99 years for aggravated kidnapping, aggravated sexual assault, or aggravated robbery. Murders more than one person during the same criminal transaction or during different criminal transactions, but the murders are committed pursuant to the same scheme or course of conduct. Murders an individual under 15 years of age. Murders another person in retaliation for or on account of the service or status of the other person as a judge or justice of the supreme court, the court of criminal appeals, a court of appeals, a district court, a criminal district court, a constitutional county court, a statutory county court, a justice court, or a municipal court. Texas statute books still provide the death penalty for aggravated sexual assault committed by an offender previously convicted of the same against a child under 14. Under Texas law, offenders under 17 are not executed, but the US Supreme Court in Roper v. Simmons has ruled capital punishment to be unconstitutional for those under 18 when the crime was committed. In 2011, the highest age of a child murder victim, which can subject the murderer to the death penalty, was raised from six to ten by the Texas legislature. Under Lauren's Law, this age was raised to 15; however, the death penalty cannot be sought if the basis of the capital murder charge was the death of an individual older than 10 but younger than 15. Distribution by county Harris County courts, in the post-Furman v. Georgia death penalty period, were more likely to hand down death sentences compared to other courts, because the county had the financial resources to pursue capital punishment. Other counties, fearful of losing funds, have opted for life sentences. Legal procedure The prosecution may choose not to seek the death penalty. This can be for various reasons, such as the prosecution believing that they could not show the defendant worthy