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Revised Statues - Chapter 29 Criminal Procedure


29-2523: Aggravating and mitigating circumstances, defined.
The aggravating and mitigating circumstances referred to in sections 29-2521 and 29-2522 shall be as follows:

(1) Aggravating Circumstances: (a) The offender was previously convicted of another murder or a crime involving the use or threat of violence to the person, or has a substantial history of serious assaultive or terrorizing criminal activity; (b) The murder was committed in an apparent effort to conceal the commission of a crime, or to conceal the identity of the perpetrator of a crime; (c) The murder was committed for hire, or for pecuniary gain, or the defendant hired another to commit the murder for the defendant; (d) The murder was especially heinous, atrocious, cruel, or manifested exceptional depravity by ordinary standards of morality and intelligence; (e) At the time the murder was committed, the offender also committed another murder; (f) The offender knowingly created a great risk of death to at least several persons; (g) The victim was a law enforcement officer or a public servant having custody of the offender or another; or (h) The crime was committed to disrupt or hinder the lawful exercise of any governmental function or the enforcement of the laws.

(2) Mitigating Circumstances: (a) The offender has no significant history of prior criminal activity; (b) The offender acted under unusual pressures or influences or under the domination of another person; (c) The crime was committed while the offender was under the influence of extreme mental or emotional disturbance; (d) The age of the defendant at the time of the crime; (e) The offender was an accomplice in the crime committed by another person and his participation was relatively minor; (f) The victim was a participant in the defendant's conduct or consented to the act; or (g) At the time of the crime, the capacity of the defendant to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law was impaired as a result of mental illness, mental defect, or intoxication.



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