Which of the following is not considered Capital Murder?

Capital Murder typically involves specific circumstances that elevate the seriousness of the crime, making it punishable by the death penalty in some jurisdictions. The correct choice identifies the act that does not align with these legally defined circumstances.

Killing someone during a robbery and killing someone while raping them are both examples of crimes categorized under Capital Murder because they involve a murder committed in the course of committing another serious felony, known as a "felony murder." These scenarios demonstrate the elements of intent and the commission of a dangerous crime that can lead to severe penalties.

In contrast, killing someone through the commission of Criminal Mischief does not fit the criteria for Capital Murder. Criminal Mischief generally entails the intentional damage of property rather than harm to individuals, and while it may lead to other violent outcomes, it does not directly associate with the defined felonies that underlie Capital Murder provisions. Hence, this choice stands out as not fitting within the criteria that define Capital Murder, making it the correct answer.

Additionally, killing someone out of jealousy could potentially be charged as murder, but it lacks the aggravating factors of being committed during another felony, which are crucial for Capital Murder classification.