Aggravating circumstances shall be any of the following:

(1) The capital offense was committed by a person under sentence of imprisonment.
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Terms Used In Alabama Code 13A-5-49

  • Arrest: Taking physical custody of a person by lawful authority.
  • Capital offense: A crime punishable by death.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • following: means next after. See Alabama Code 1-1-1
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
(2) The defendant was previously convicted of another capital offense or a felony involving the use or threat of violence to the person.
(3) The defendant knowingly created a great risk of death to many persons.
(4) The capital offense was committed while the defendant was engaged or was an accomplice in the commission of, or an attempt to commit, or flight after committing, or attempting to commit, rape, robbery, burglary, or kidnapping.
(5) The capital offense was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from custody.
(6) The capital offense was committed for pecuniary gain.
(7) The capital offense was committed to disrupt or hinder the lawful exercise of any governmental function or the enforcement of laws.
(8) The capital offense was especially heinous, atrocious, or cruel compared to other capital offenses.
(9) The defendant intentionally caused the death of two or more persons by one act or pursuant to one scheme or course of conduct.
(10) The capital offense was one of a series of intentional killings committed by the defendant.
(11) The capital offense was committed when the victim was less than 14 years of age.
(12) The capital offense was committed by the defendant in the presence of a child under the age of 14 years at the time of the offense, if the victim was the parent or legal guardian of the child. For the purposes of this subdivision, “in the presence of a child” means in the physical presence of a child or having knowledge that a child is present and may see or hear the act.
(13) The victim of the capital offense was any police officer, sheriff, deputy, state trooper, federal law enforcement officer, or any other state or federal peace officer of any kind, or prison or jail guard, while the officer or guard was on duty, regardless of whether the defendant knew or should have known the victim was an officer or guard on duty, or because of some official or job-related act or performance of the officer or guard.
(14) The victim of the capital offense was a first responder who was operating in an official capacity. For the purposes of this subdivision, first responder includes emergency medical services personnel licensed by the Alabama Department of Public Health, as well as firefighters and volunteer firefighters as defined by Section 36-32-1.