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13A-5-51
Section 13A-5-51 Mitigating circumstances - Generally. Mitigating circumstances shall
include, but not be limited to. the following: (1) The defendant has no significant history
of prior criminal activity; (2) The capital offense was committed while the defendant was
under the influence of extreme mental or emotional disturbance; (3) The victim was a participant
in the defendant's conduct or consented to it; (4) The defendant was an accomplice in the
capital offense committed by another person and his participation was relatively minor; (5)
The defendant acted under extreme duress or under the substantial domination of another person;
(6) The capacity of the defendant to appreciate the criminality of his conduct or to conform
his conduct to the requirements of law was substantially impaired; and (7) The age of the
defendant at the time of the crime. (Acts 1981, No. 81-178, ยง13.)...
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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-5-45
Section 13A-5-45 Sentence hearing - Delay; statements and arguments; admissibility of
evidence; burden of proof; mitigating and aggravating circumstances. (a) Upon conviction of
a defendant for a capital offense, the trial court shall conduct a separate sentence hearing
to determine whether the defendant shall be sentenced to life imprisonment without parole
or to death. The sentence hearing shall be conducted as soon as practicable after the defendant
is convicted. Provided, however, if the sentence hearing is to be conducted before the trial
judge without a jury or before the trial judge and a jury other than the trial jury, as provided
elsewhere in this article, the trial court with the consent of both parties may delay the
sentence hearing until it has received the pre-sentence investigation report specified in
Section 13A-5-47(b). Otherwise, the sentence hearing shall not be delayed pending receipt
of the pre-sentence investigation report. (b) The state and the defendant shall be...
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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-5-43
Section 13A-5-43 Trial of capital offenses; discharge of defendant; lesser included
offenses; sentencing. (a) In the trial of a capital offense the jury shall first hear all
the admissible evidence offered on the charge or charges against the defendant. It shall then
determine whether the defendant is guilty of the capital offense or offenses with which he
is charged or of any lesser included offense or offenses considered pursuant to Section
13A-5-41. (b) If the defendant is found not guilty of the capital offense or offenses with
which he is charged, and not guilty of any lesser included offense or offenses considered
pursuant to Section 13A-5-41, the defendant shall be discharged. (c) If the defendant
is found not guilty of the capital offense or offenses with which he is charged, and is found
guilty of a lesser included offense or offenses considered pursuant to Section 13A-5-41,
sentence shall be determined and imposed as provided by law. (d) If the defendant is found
guilty of a...
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15-13-3
Section 15-13-3 Persons charged with capital offense. (a) A defendant cannot be admitted
to bail when he is charged with an offense which may be punished by death if the court is
of the opinion, on the evidence adduced, that he is guilty of the offense in the degree punishable
capitally, nor when he is charged with a personal injury to another which is likely to produce
death and which was committed under circumstances such as would, if death arises from such
injury, constitute an offense which may be punished by death. (b) In cases punishable capitally,
the defendant is entitled to bail as a matter of right when the state, after the finding of
the indictment, has continued the case twice, without his consent, for the testimony of absent
witnesses. In such case, if the indictment is dismissed, the defendant, on application for
bail, is entitled to the benefit of any continuance had upon such indictment by the state
for absent witnesses; and, if another indictment is not found at the...
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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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13A-4-3
Section 13A-4-3 Criminal conspiracy generally. (a) A person is guilty of criminal conspiracy
if, with the intent that conduct constituting an offense be performed, he agrees with one
or more persons to engage in or cause the performance of such conduct, and any one or more
of such persons does an overt act to effect an objective of the agreement. (b) If a person
knows or should know that one with whom he agrees has in turn agreed or will agree with another
to effect the same criminal objective, he shall be deemed to have agreed with such other person,
whether or not he knows the other's identity. (c) A person is not liable under this section
if, under circumstances manifesting a voluntary and complete renunciation of his criminal
purpose, he gave a timely and adequate warning to law enforcement authorities or made a substantial
effort to prevent the enforcement of the criminal conduct contemplated by the conspiracy.
Renunciation by one conspirator, however, does not affect the...
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16-23-5
Section 16-23-5 Revocation of certificates. (a) The State Superintendent of Education
may revoke any certificate issued under this chapter when the holder has been guilty of immoral
conduct or unbecoming or indecent behavior. Any provision of law to the contrary notwithstanding,
under the circumstances listed in subsection (b), the holder shall be immediately disenfranchised
from certification and any other rights pursuant to Section 16-24-9. (b) The State
Superintendent of Education shall immediately revoke any certificate issued under this chapter
when the holder is convicted of capital murder or any Class A felony, including, but not limited
to, rape, murder, kidnapping, or robbery, or any of the following: (1) Rape in the first or
second degree, pursuant to Section 13A-6-61 or 13A-6-62. (2) Sodomy in the first or
second degree, pursuant to Section 13A-6-63 or 13A-6-64. (3) Sexual torture, pursuant
to Section 13A-6-65.1. (4) Sexual abuse in the first or second degree, pursuant to...
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12-15-102
Section 12-15-102 Definitions. When used in this chapter, the following words and phrases
have the following meanings: (1) ADULT. An individual 19 years of age or older. (2) AFTERCARE.
Conditions and supervision as the juvenile court orders after release from the Department
of Youth Services. (3) CHILD. An individual under the age of 18 years, or under 21 years of
age and before the juvenile court for a delinquency matter arising before that individual's
18th birthday, or under 19 years of age and before the juvenile court for a child in need
of supervision matter or commitment to the State Department of Mental Health or under 19 years
of age and before the juvenile court for a proceeding initiated under Section 12-15-115(b)(2).
Where a delinquency petition alleges that an individual, prior to the individual's 18th birthday,
has committed an offense for which there is no statute of limitation pursuant to Section
15-3-5, the term child also shall include the individual subject to the...
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