PART III.--CLASSIFICATION OF CRIMES AND SENTENCING
Article 46.--SENTENCING
21-4606.Criteria for fixing minimum terms; crimes committed prior to July1, 1993.(a) In sentencing a person to prison, the court, having regard tothenature and circumstances of the crime and the history, character andcondition of the defendant, shall fix the lowest minimum term which, in theopinion of such court, is consistent with the public safety, theneeds ofthe defendant, and the seriousness of the defendant's crime.
(b) The following factors, while not controlling, shall beconsidered bythe court in fixing the minimum term of imprisonment:
(1) The defendant's history of prior criminal activity;
(2) The extent of the harm caused by the defendant's criminalconduct;
(3) Whether the defendant intended that thedefendant's criminalconduct would causeor threaten serious harm;
(4) The degree of the defendant's provocation;
(5) Whether there were substantial grounds tending to excuse orjustifythe defendant's criminal conduct, though failing to establish a defense;
(6) Whether the victim of the defendant's criminal conductinduced orfacilitated its commission;
(7) Whether the defendant has compensated or will compensate thevictimof the defendant's criminal conduct for the damage or injury that the victim sustained.
(c) The provisions of this section shall not apply to crimes committed onor after July 1, 1993.
History: L. 1969, ch. 180, § 21-4606;L. 1992, ch. 239, § 240; July 1, 1993.
PART III.--CLASSIFICATION OF CRIMES AND SENTENCING
Article 46.--SENTENCING
21-4606.Criteria for fixing minimum terms; crimes committed prior to July1, 1993.(a) In sentencing a person to prison, the court, having regard tothenature and circumstances of the crime and the history, character andcondition of the defendant, shall fix the lowest minimum term which, in theopinion of such court, is consistent with the public safety, theneeds ofthe defendant, and the seriousness of the defendant's crime.
(b) The following factors, while not controlling, shall beconsidered bythe court in fixing the minimum term of imprisonment:
(1) The defendant's history of prior criminal activity;
(2) The extent of the harm caused by the defendant's criminalconduct;
(3) Whether the defendant intended that thedefendant's criminalconduct would causeor threaten serious harm;
(4) The degree of the defendant's provocation;
(5) Whether there were substantial grounds tending to excuse orjustifythe defendant's criminal conduct, though failing to establish a defense;
(6) Whether the victim of the defendant's criminal conductinduced orfacilitated its commission;
(7) Whether the defendant has compensated or will compensate thevictimof the defendant's criminal conduct for the damage or injury that the victim sustained.
(c) The provisions of this section shall not apply to crimes committed onor after July 1, 1993.
History: L. 1969, ch. 180, § 21-4606;L. 1992, ch. 239, § 240; July 1, 1993.
PART III.--CLASSIFICATION OF CRIMES AND SENTENCING
Article 46.--SENTENCING
21-4606.Criteria for fixing minimum terms; crimes committed prior to July1, 1993.(a) In sentencing a person to prison, the court, having regard tothenature and circumstances of the crime and the history, character andcondition of the defendant, shall fix the lowest minimum term which, in theopinion of such court, is consistent with the public safety, theneeds ofthe defendant, and the seriousness of the defendant's crime.
(b) The following factors, while not controlling, shall beconsidered bythe court in fixing the minimum term of imprisonment:
(1) The defendant's history of prior criminal activity;
(2) The extent of the harm caused by the defendant's criminalconduct;
(3) Whether the defendant intended that thedefendant's criminalconduct would causeor threaten serious harm;
(4) The degree of the defendant's provocation;
(5) Whether there were substantial grounds tending to excuse orjustifythe defendant's criminal conduct, though failing to establish a defense;
(6) Whether the victim of the defendant's criminal conductinduced orfacilitated its commission;
(7) Whether the defendant has compensated or will compensate thevictimof the defendant's criminal conduct for the damage or injury that the victim sustained.
(c) The provisions of this section shall not apply to crimes committed onor after July 1, 1993.
History: L. 1969, ch. 180, § 21-4606;L. 1992, ch. 239, § 240; July 1, 1993.
