Page:United States Statutes at Large Volume 108 Part 3.djvu/209

 PUBLIC LAW 103-322—SEPT. 13, 1994 108 STAT. 1961 offense described in section 3591(a)(1), the jury, or if there is no jury, the court, shall consider each of the following aggravating factors for which notice has been given and determine which, if any, exist: "(1) PRIOR ESPIONAGE OR TREASON OFFENSE.— The defendant has previously been convicted of another offense involving espionage or treason for which a sentence of either life imprisonment or death was authorized by law. "(2) GRAVE RISK TO NATIONAL SECURITY.— In the commission of the offense the defendant knowingly created a grave risk of substantial danger to the national security. "(3) GRAVE RISK OF DEATH.—In the commission of the offense the defendant knowingly created a grave risk of death to another person. The jury, or if there is no jury, the court, may consider whether any other aggravating factor for which notice has been given exists. "(c) AGGRAVATING FACTORS FOR HOMICIDE. —In determining whether a sentence of death is justified for an offense described in section 3591(a)(2), the jury, or if there is no jury, the court, shall consider each of the following aggravating factors for which notice has been given and determine which, if any, exist: "(1) DEATH DURING COMMISSION OF ANOTHER CRIME.— The death, or injury resulting in death, occurred during the commission or attempted commission of, or during the immediate flight from the commission of, an offense under section 32 (destruction of aircraft or aircraft facilities), section 33 (destruction of motor vehicles or motor vehicle facilities), section 36 (violence at international airports), section 351 (violence against Members of Congress, Cabinet officers, or Supreme Court Justices), an offense under section 751 (prisoners in custody of institution or officer), section 794 (gathering or delivering defense information to aid foreign government), section 844(d) (transportation of explosives in interstate commerce for certain purposes), section 844(f) (destruction of Government property by explosives), section 1118 (prisoners serving life term), section 1201 (kidnaping), section 844(i) (destruction of property affecting interstate commerce by explosives), section 1116 (killing or attempted killing of diplomats), section 1203 (hostage taking), section 1992 (wrecking trains), section 2280 (maritime violence), section 2281 (maritime platform violence), section 2332 (terrorist acts abroad against United States nationals), section 2339 (use of weapons of mass destruction), or section 2381 (treason) of this title, or section 46502 of title 49, United States Code (aircraft piracy). " (2) PREVIOUS CONVICTION OF VIOLENT FELONY INVOLVING FIREARM.— For any offense, other than an offense for which a sentence of death is sought on the basis of section 924(c), the defendant has previously been convicted of a Federal or State offense punishable by a term of imprisonment of more than 1 year, involving the use or attempted or threatened use of a firearm (as defined in section 921) against another person. "(3) PREVIOUS CONVICTION OF OFFENSE FOR WHICH A SEN- TENCE OF DEATH OR LIFE IMPRISONMENT WAS AUTHORIZED. — The defendant has previously been convicted of another Federal or State offense resulting in the death of a person, for which

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