PART III.--CLASSIFICATION OF CRIMES AND SENTENCING
Article 46.--SENTENCING
21-4636.Same; aggravating circumstances.Aggravating circumstances shall be limited to the following:
(a) The defendant was previously convicted of a felony in which thedefendant inflicted great bodily harm, disfigurement, dismemberment or death onanother.
(b) The defendant knowingly or purposely killed or created a great riskof death to more than one person.
(c) The defendant committed the crime for thedefendant's self or anotherfor the purpose of receiving money or any other thing of monetary value.
(d) The defendant authorized or employed another person to commit the crime.
(e) The defendant committed the crime in order toavoid or prevent a lawful arrest or prosecution.
(f) The defendant committed the crime in anespecially heinous, atrocious or cruel manner.A finding that the victim was aware of such victim's fate or had consciouspain and suffering as a result of the physicaltrauma that resulted in the victim's death is not necessary to find that themanner in which the defendant killed the victim was especially heinous,atrocious or cruel. In making a determination that the crime was committed inan especially heinous, atrocious or cruel manner, any of the following conductby the defendant may be considered sufficient:
(1) Prior stalking of or criminal threats to the victim;
(2) preparation or planning, indicating an intention that the killing wasmeant to be especially heinous, atrocious or cruel;
(3) infliction of mental anguish or physical abuse before the victim's death;
(4) torture of the victim;
(5) continuous acts of violence begun before or continuing after the killing;
(6) desecration of the victim's body in a manner indicating a particulardepravity of mind, either during or following the killing; or
(7) any other conduct in the opinion of the court that is especially heinous,atrocious or cruel.
(g) The defendant committed the crime whileserving a sentence of imprisonment on conviction of a felony.
(h) The victim was killed while engaging in, or because of the victim'sperformance or prospective performance of, the victim's duties as a witnessin a criminal proceeding.
History: L. 1994, ch. 341, § 7;L. 1999, ch. 138, § 1; July 1.
PART III.--CLASSIFICATION OF CRIMES AND SENTENCING
Article 46.--SENTENCING
21-4636.Same; aggravating circumstances.Aggravating circumstances shall be limited to the following:
(a) The defendant was previously convicted of a felony in which thedefendant inflicted great bodily harm, disfigurement, dismemberment or death onanother.
(b) The defendant knowingly or purposely killed or created a great riskof death to more than one person.
(c) The defendant committed the crime for thedefendant's self or anotherfor the purpose of receiving money or any other thing of monetary value.
(d) The defendant authorized or employed another person to commit the crime.
(e) The defendant committed the crime in order toavoid or prevent a lawful arrest or prosecution.
(f) The defendant committed the crime in anespecially heinous, atrocious or cruel manner.A finding that the victim was aware of such victim's fate or had consciouspain and suffering as a result of the physicaltrauma that resulted in the victim's death is not necessary to find that themanner in which the defendant killed the victim was especially heinous,atrocious or cruel. In making a determination that the crime was committed inan especially heinous, atrocious or cruel manner, any of the following conductby the defendant may be considered sufficient:
(1) Prior stalking of or criminal threats to the victim;
(2) preparation or planning, indicating an intention that the killing wasmeant to be especially heinous, atrocious or cruel;
(3) infliction of mental anguish or physical abuse before the victim's death;
(4) torture of the victim;
(5) continuous acts of violence begun before or continuing after the killing;
(6) desecration of the victim's body in a manner indicating a particulardepravity of mind, either during or following the killing; or
(7) any other conduct in the opinion of the court that is especially heinous,atrocious or cruel.
(g) The defendant committed the crime whileserving a sentence of imprisonment on conviction of a felony.
(h) The victim was killed while engaging in, or because of the victim'sperformance or prospective performance of, the victim's duties as a witnessin a criminal proceeding.
History: L. 1994, ch. 341, § 7;L. 1999, ch. 138, § 1; July 1.
PART III.--CLASSIFICATION OF CRIMES AND SENTENCING
Article 46.--SENTENCING
21-4636.Same; aggravating circumstances.Aggravating circumstances shall be limited to the following:
(a) The defendant was previously convicted of a felony in which thedefendant inflicted great bodily harm, disfigurement, dismemberment or death onanother.
(b) The defendant knowingly or purposely killed or created a great riskof death to more than one person.
(c) The defendant committed the crime for thedefendant's self or anotherfor the purpose of receiving money or any other thing of monetary value.
(d) The defendant authorized or employed another person to commit the crime.
(e) The defendant committed the crime in order toavoid or prevent a lawful arrest or prosecution.
(f) The defendant committed the crime in anespecially heinous, atrocious or cruel manner.A finding that the victim was aware of such victim's fate or had consciouspain and suffering as a result of the physicaltrauma that resulted in the victim's death is not necessary to find that themanner in which the defendant killed the victim was especially heinous,atrocious or cruel. In making a determination that the crime was committed inan especially heinous, atrocious or cruel manner, any of the following conductby the defendant may be considered sufficient:
(1) Prior stalking of or criminal threats to the victim;
(2) preparation or planning, indicating an intention that the killing wasmeant to be especially heinous, atrocious or cruel;
(3) infliction of mental anguish or physical abuse before the victim's death;
(4) torture of the victim;
(5) continuous acts of violence begun before or continuing after the killing;
(6) desecration of the victim's body in a manner indicating a particulardepravity of mind, either during or following the killing; or
(7) any other conduct in the opinion of the court that is especially heinous,atrocious or cruel.
(g) The defendant committed the crime whileserving a sentence of imprisonment on conviction of a felony.
(h) The victim was killed while engaging in, or because of the victim'sperformance or prospective performance of, the victim's duties as a witnessin a criminal proceeding.
History: L. 1994, ch. 341, § 7;L. 1999, ch. 138, § 1; July 1.
