Page:United States Statutes at Large Volume 102 Part 5.djvu/385

 PUBLIC LAW 100-690—NOV. 18, 1988

102 STAT. 4391

tion was relatively minor, regardless of whether the participation was so minor as to constitute a defense to the charge. "(4) The defendant could not reasonably have foreseen that the defendant's conduct in the course of the commission of murder, or other offense resulting in death for which the defendant was convicted, would cause, or would create a grave risk of causing, death to any person. "(5) The defendant was youthful, although not under the Eige of 18. "(6) The defendant did not have a significant prior criminal record. "(7) The defendant committed the offense under severe mental or emotional disturbance. "(8) Another defendant or defendants, equally culpable in the crime, will not be punished by death. "(9) The victim consented to the criminal conduct that resulted in the victim's death. "(10) That other factors in the defendant's background or character mitigate against imposition of the death sentence. "Aggravating Factors for Homicide "(n) If the defendant is found guilty of or pleads guilty to an offense under subsection (e), the following aggravating factors are the only aggravating factors that shall be considered, unless notice of additional aggravating factors is provided under subsection (h)(l)(B): "(1) The defendant— "(A) intentionally killed the victim; "(B) intentionally inflicted serious bodily injury which resulted in the death of the victim; "(C) intentionally engaged in conduct intending that the victim be killed or that lethal force be employed against the victim, which resulted in the death of the victim; "(D) intentionally engaged in conduct which— "(i) the defendant knew would create a grave risk of death to a person, other than one of the participants in the offense; and "(ii) resulted in the death of the victim. "(2) The defendant has been convicted of another Federal offense, or a State offense resulting in the death of a person, for which a sentence of life imprisonment or a sentence of death was authorized by statute. "(3) The defendant has previously been convicted of two or more State or Federal offenses punishable by a term of imprisonment of more than one year, committed on different occasions, involving the infliction of, or attempted infliction of, serious bodily injury upon another person. "(4) The defendant has previously been convicted of two or more State or Federal offenses punishable by a term of imprisonment of more than one year, committed on different occasions, involving the distribution of a controlled substance. "(5) In the commission of the offense or in escaping apprehension for a violation of subsection (e), the defendant knowingly created a grave risk of death to one or more persons in addition to the victims of the offense. •

19-194 0-91—Part 5

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