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13A-5-49
Section 13A-5-49 Aggravating circumstances. Aggravating circumstances shall be any of the following:
(1) The capital offense was committed by a person under sentence of imprisonment. (2) The
defendant was previously convicted of another capital offense or a felony involving the use
or threat of violence to the person. (3) The defendant knowingly created a great risk of death
to many persons. (4) The capital offense was committed while the defendant was engaged or
was an accomplice in the commission of, or an attempt to commit, or flight after committing,
or attempting to commit, rape, robbery, burglary, or kidnapping. (5) The capital offense was
committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape
from custody. (6) The capital offense was committed for pecuniary gain. (7) The capital offense
was committed to disrupt or hinder the lawful exercise of any governmental function or the
enforcement of laws. (8) The capital offense was especially heinous,...
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13A-5-40
Section 13A-5-40 Capital offenses. (a) The following are capital offenses: (1) Murder by the
defendant during a kidnapping in the first degree or an attempt thereof committed by the defendant.
(2) Murder by the defendant during a robbery in the first degree or an attempt thereof committed
by the defendant. (3) Murder by the defendant during a rape in the first or second degree
or an attempt thereof committed by the defendant; or murder by the defendant during sodomy
in the first or second degree or an attempt thereof committed by the defendant. (4) Murder
by the defendant during a burglary in the first or second degree or an attempt thereof committed
by the defendant. (5) Murder of any police officer, sheriff, deputy, state trooper, federal
law enforcement officer, or any other state or federal peace officer of any kind, or prison
or jail guard, while the officer or guard is on duty, regardless of whether the defendant
knew or should have known the victim was an officer or guard on...
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15-8-150
and intentionally to cut out or disable his tongue, or to put out or destroy his eye, etc.
(14) ASSAULT WITH INTENT TO MURDER. A. B., unlawfully and with malice aforethought, did assault
C. D., with the intent to murder him. (15) ASSAULT WITH INTENT TO RAVISH. A. B. did assault
C. D., a woman, with the intent forcibly to ravish her. (16) ASSAULT WITH INTENT TO ROB. A.
B. assaulted C. D. with the felonious intent, by violence to his person or by putting him
in fear of some serious and immediate injury to his person, to rob him. (17) BETTING
AT CARDS, DICE, ETC. A. B. bet at a game played with cards or dice, or some device or substitute
for cards or dice, at a tavern, inn, storehouse for retailing spirituous liquors, or house
or place where spirituous liquors were at the time sold, retailed or given away, or in a public
house, highway or some other public place or at an outhouse where people resorted (or other
place forbidden by law), against, etc. (18) BETTING AT GAMING TABLE, ETC. A....
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15-23-60
initial consideration of pre-discretionary leave, passes, and furloughs. (5) COURT. All state
courts including juvenile courts. (6) CRIME VICTIM ADVOCATE. A person who is employed or authorized
by a public entity or a private entity that receives public funding primarily to provide counseling,
treatment, or other supportive assistance to crime victims. (7) CRIMINAL OFFENSE. Conduct
that gives a law enforcement officer or prosecutor probable cause to believe that a felony
involving physical injury, the threat of physical injury, or a sexual offense,
or any offense involving spousal abuse or domestic violence has been committed. (8) CRIMINAL
PROCEEDING. A hearing, argument, or other matter scheduled by and held before a trial court
but does not include a lineup, grand jury proceeding, or other matter not held in the presence
of the court. (9) CUSTODIAL AGENCY. A municipal or county jail, the State Department of Corrections,
juvenile detention facility, Department of Youth Services, the...
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13A-6-2
Section 13A-6-2 Murder. (a) A person commits the crime of murder if he or she does any of the
following: (1) With intent to cause the death of another person, he or she causes the death
of that person or of another person. (2) Under circumstances manifesting extreme indifference
to human life, he or she recklessly engages in conduct which creates a grave risk of death
to a person other than himself or herself, and thereby causes the death of another person.
(3) He or she commits or attempts to commit arson in the first degree, burglary in the first
or second degree, escape in the first degree, kidnapping in the first degree, rape in the
first degree, robbery in any degree, sodomy in the first degree, aggravated child abuse under
Section 26-15-3.1, or any other felony clearly dangerous to human life and, in the course
of and in furtherance of the crime that he or she is committing or attempting to commit, or
in immediate flight therefrom, he or she, or another participant if there be...
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13A-11-72
Commissioner-certified law enforcement officer employed by a law enforcement agency who is
specifically selected and specially trained for the school setting. (i) The term "public
school" as used in this section applies only to a school composed of grades K-12 and
shall include a school bus used for grades K-12. (j) The term "deadly weapon" as
used in this section means a firearm or anything manifestly designed, made, or adapted for
the purposes of inflicting death or serious physical injury, and such term includes,
but is not limited to, a bazooka, hand grenade, missile, or explosive or incendiary device;
a pistol, rifle, or shotgun; or a switch-blade knife, gravity knife, stiletto, sword, or dagger;
or any club, baton, billy, black-jack, bludgeon, or metal knuckles. (k)(1) The term "convicted"
as used in this section requires that the person was represented by counsel in the case, or
knowingly and intelligently waived the right to counsel in the case if required by law, and...
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13A-6-130
Section 13A-6-130 Domestic violence - First degree. (a)(1) A person commits the crime of domestic
violence in the first degree if the person commits the crime of assault in the first degree
pursuant to Section 13A-6-20; aggravated stalking pursuant to Section 13A-6-91; or burglary
in the first degree pursuant to Section 13A-7-5 and the victim is a current or former spouse,
parent, step-parent, child, step-child, any person with whom the defendant has a child in
common, a present household member, or a person who has or had a dating relationship with
the defendant. (2) For the purposes of this section, a household member excludes non-romantic
or non-intimate co-residents, and a dating relationship means a current or former relationship
of a romantic or intimate nature characterized by the expectation of affectionate or sexual
involvement by either party. (b) Domestic violence in the first degree is a Class A felony,
except that the defendant shall serve a minimum term of imprisonment of...
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13A-6-131
Section 13A-6-131 Domestic violence - Second degree. (a)(1) A person commits the crime of domestic
violence in the second degree if the person commits the crime of assault in the second degree
pursuant to Section 13A-6-21; the crime of intimidating a witness pursuant to Section 13A-10-123;
the crime of stalking pursuant to Section 13A-6-90; the crime of burglary in the second or
third degree pursuant to Sections 13A-7-6 and 13A-7-7; or the crime of criminal mischief in
the first degree pursuant to Section 13A-7-21 and the victim is a current or former spouse,
parent, step-parent, child, step-child, any person with whom the defendant has a child in
common, a present household member, or a person who has or had a dating relationship with
the defendant. (2) For the purposes of this section, a household member excludes non-romantic
or non-intimate co-residents, and a dating relationship means a current or former relationship
of a romantic or intimate nature characterized by the expectation...
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15-25-2
Section 15-25-2 Prosecution for physical or sexual offense or exploitation involving child
under age 16 - Videotaped deposition; who may be present; procedure; protective order. (a)
In any criminal prosecution referred to in Section 15-25-1, the court, upon motion of the
district attorney or Attorney General, for good cause shown and after notice to the defendant,
may order the taking of a videotaped deposition of an alleged victim of or witness to the
crime who is under the age of 16 at the time of the order. (b) On any motion for a videotaped
deposition of the victim or a witness, the court shall consider the age and maturity of the
child, the nature of the offense, the nature of testimony that may be expected, and the possible
effect that the testimony in person at trial may have on the victim or witness, along with
any other relevant matters that may be required by Supreme Court rule. (c) During the taping
of a videotaped deposition authorized pursuant to this section, the...
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15-25-3
Section 15-25-3 Prosecution for physical or sexual offense or exploitation involving child
under age 16 - Use of closed circuit equipment; competence of victim as witness. (a) In those
criminal prosecutions set out in Section 15-25-1, the court, on motion of the state or the
defendant prior to the trial of the case, may order that the testimony of any alleged victim
of the crime or witness thereto who is under the age of 16 at the time of the order shall
be viewed and heard at trial by the court and the finder of fact by closed circuit equipment.
In ruling on the motion the court shall take into consideration those matters set out in Section
15-25-2. (b) If the court orders that the victim's or witness's testimony in court shall be
by closed circuit equipment, the testimony shall be taken outside the courtroom in the judge's
chambers or in another suitable location designated by the judge. (c) Examination and cross-examination
of the alleged child victim or witness shall proceed as...
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