Page:United States Statutes at Large Volume 108 Part 2.djvu/527

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 1243 present arguments on the adequacy of the information to establish the existence of the factors specified in subsection (c) of this section. (c) MITIGATING AND AGGRAVATING FACTORS. —(1) The judge may not impose the death penalty on a defendant if the jury or, if there is no jury, the judge finds under this section that at the time of the violation of section 46502 of this title— (A) the defendant was not yet 18 years of age; (B) the capacity of the defendant to appreciate the wrongfulness of the defendant's conduct or to conform the defendant's conduct to the requirements of law was impaired significantly, but the capacity was not impaired sufficiently to be a defense to prosecution; (C) the defendant was under unusual and substantial duress, but the duress was not sufficient to be a defense to prosecution; (D) the defendant was a principal (as defined in section 2(a) of title 18) in a violation committed by another individual, but the participation of the defendant was relatively minor, although not sufficiently minor to be a defense to prosecution; or (E) the defendant reasonably could not have foreseen that the conduct of the defendant in the violation would cause or create a grave risk of causing death to another individual. (2) If none of the factors specified in paragraph (1) of this subsection exists, the judge shall impose the death penalty on the defendant if the jury or, if there is no jury, the.judge finds under this section that— (A) the death of another individual resulted from the violation after the defendant had seized or exercised control of the aircraft; or (B) the death of another individual resulted from the violation and— (i) the defendant has been convicted of another United States or State offense (committed before or at the time of the violation) for which punishment of life imprisonment or death could be imposed; (ii) the defendant has been convicted of at least 2 United States or State offenses with a pei alty of more than one year of imprisonment (committed on different occasions before the time of the violation) that involved inflicting serious bodily injury on another individual; (iii) in committing the violation, the defendant knowingly created a grave risk of death to an individual in addition to the individual whose death resulted from the violation; or (iv) the defendant committed the violation in an especially heinous, cruel, or depraved manner. (d) DEATH PENALTY REQUIREMENTS. —(1) If the jury or, if there is no jury, the judge finds by a preponderance of the information that none of the mitigating factors specified in subsection (c)(1) of this section exists and that at least one of the aggravating factors specified in subsection (c)(2) of this section exists, the judge shall impose the death penalty on the defendant. If the jury or judge finds that at least one of the mitigating factors specified in subsection (c)(1) exists, or that none of the aggravating factors specified in subsection (c)(2) exists, the judge may not impose the

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