§ 5-4-604 — Aggravating circumstances

An aggravating circumstance is limited to the following: (1) The capital murder was committed by a person imprisoned as a result of a felony conviction; (2) The capital murder was committed by a person unlawfully at liberty after being sentenced to imprisonment as a result of a felony conviction; (3) The person previously committed another felony, an element of which was the use or threat of violence to another person or the creation of a substantial risk of death or serious physical injury to another person; (4) The person in the commission of the capital murder knowingly created a great risk of death to a person other than the victim or caused the death of more than one (1) person in the same criminal episode; (5) The capital murder was committed for the purpose of avoiding or preventing an arrest or effecting an escape from custody; (6) The capital murder was committed for pecuniary gain; (7) The capital murder was committed for the purpose of disrupting or hindering the lawful exercise of any government or political function; (8) (A) The capital murder was committed in an especially cruel or depraved manner. (B) (i) For purposes of subdivision (8)(A) of this section, a capital murder is committed in an especially cruel manner when, as part of a course of conduct intended to inflict mental anguish, serious physical abuse, or torture upon the victim prior to the victim's death, mental anguish, serious physical abuse, or torture is inflicted. (ii) (a) "Mental anguish" means the victim's uncertainty as to his or her ultimate fate. (b) "Serious physical abuse" means physical abuse that creates a substantial risk of death or that causes protracted impairment of health, or loss or protracted impairment of the function of any bodily member or organ. (c) "Torture" means the infliction of extreme physical pain for a prolonged period of time prior to the victim's death. (C) For purposes of subdivision (8)(A) of this section, a capital murder is committed in an especially depraved manner when the person relishes the murder, evidencing debasement or perversion, or shows an indifference to the suffering of the victim and evidences a sense of pleasure in committing the murder; (9) The capital murder was committed by means of a destructive device, bomb, explosive, or similar device that the person planted, hid, or concealed in any place, area, dwelling, building, or structure, or mailed or delivered, or caused to be planted, hidden, concealed, mailed, or delivered, and the person knew that his or her act would create a great risk of death to human life; or (10) The capital murder was committed against a person whom the defendant knew or reasonably should have known was especially vulnerable to the attack because: (A) Of either a temporary or permanent severe physical or mental disability which would interfere with the victim's ability to flee or to defend himself or herself; or (B) The person was twelve (12) years of age or younger.

Legislative History

Acts 1975, No. 280, § 1303; 1977, No. 474, § 12; 1985, No. 833, § 1; A.S.A. 1947, § 41-1303; Acts 1991, No. 683, §§ 3, 4; 1995, No. 1205, § 1; 1997, No. 946, § 1; 2001, No. 308, § 1.