S.B. 4 Enrolled

CAPITAL HOMICIDE AMENDMENTS
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: David L. Buhler
AN ACT RELATING TO THE CRIMINAL CODE; AMENDING THE AGGRAVATED
MURDER STATUTE TO INCLUDE SITUATIONS WHERE AN ATTEMPT WAS
MADE TO KILL ANOTHER PERSON OTHER THAN THE VICTIM; CLARIFYING
THE PROVISIONS WHEN A BOMB OR EXPLOSIVE DEVICE IS USED; AND
MAKING TECHNICAL CORRECTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
76-5-202, as last amended by Chapter 137, Laws of Utah 1996
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 76-5-202 is amended to read:
76-5-202. Aggravated murder.
(1) Criminal homicide constitutes aggravated murder if the actor intentionally or
knowingly causes the death of another under any of the following circumstances:
(a) the homicide was committed by a person who is confined in a jail or other correctional
institution;
(b) the homicide was committed incident to one act, scheme, course of conduct, or
criminal episode during which two or more persons [are] were killed, or during which the actor
attempted to kill one or more persons in addition to the victim who was killed;
(c) the actor knowingly created a great risk of death to a person other than the victim and
the actor;
(d) the homicide was committed while the actor was engaged in the commission of, or an
attempt to commit, or flight after committing or attempting to commit, aggravated robbery,
robbery, rape, rape of a child, object rape, object rape of a child, forcible sodomy, sodomy upon
a child, forcible sexual abuse, sexual abuse of a child, aggravated sexual abuse of a child, child
abuse of a child under the age of 14 years, as otherwise defined in Subsection 76-5-109(2)(a), or

aggravated sexual assault, aggravated arson, arson, aggravated burglary, burglary, aggravated
kidnaping, kidnaping, or child kidnaping;
(e) the homicide was committed for the purpose of avoiding or preventing an arrest of the
defendant or another by a peace officer acting under color of legal authority or for the purpose of
effecting the defendant's or another's escape from lawful custody;
(f) the homicide was committed for pecuniary or other personal gain;
(g) the defendant committed, or engaged or employed another person to commit the
homicide pursuant to an agreement or contract for remuneration or the promise of remuneration for
commission of the homicide;
(h) the actor was previously convicted of aggravated murder, murder, or of a felony
involving the use or threat of violence to a person. For the purpose of this subsection an offense
committed in another jurisdiction, which if committed in Utah would be punishable as aggravated
murder or murder, is considered aggravated murder or murder;
(i) the homicide was committed for the purpose of:
(i) preventing a witness from testifying;
(ii) preventing a person from providing evidence or participating in any legal proceedings
or official investigation;
(iii) retaliating against a person for testifying, providing evidence, or participating in any
legal proceedings or official investigation; or
(iv) disrupting or hindering any lawful governmental function or enforcement of laws;
(j) the victim is or has been a local, state, or federal public official, or a candidate for public
office, and the homicide is based on, is caused by, or is related to that official position, act, capacity,
or candidacy;
(k) the victim is or has been a peace officer, law enforcement officer, executive officer,
prosecuting officer, jailer, prison official, firefighter, judge or other court official, juror, probation
officer, or parole officer, and the victim is either on duty or the homicide is based on, is caused by,
or is related to that official position, and the actor knew, or reasonably should have known, that the
victim holds or has held that official position;

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(l) the homicide was committed by means of a destructive device, bomb, explosive,
incendiary device, or similar device which [the actor] was planted, [hid] hidden, or concealed in any
place, area, dwelling, building, or structure, or was mailed or delivered[, or caused to be planted,
hidden, concealed, mailed, or delivered and the actor knew, or reasonably should have known, that
his act or acts would create a great risk of death to human life];
(m) the homicide was committed during the act of unlawfully assuming control of any
aircraft, train, or other public conveyance by use of threats or force with intent to obtain any valuable
consideration for the release of the public conveyance or any passenger, crew member, or any other
person aboard, or to direct the route or movement of the public conveyance or otherwise exert
control over the public conveyance;
(n) the homicide was committed by means of the administration of a poison or of any lethal
substance or of any substance administered in a lethal amount, dosage, or quantity;
(o) the victim was a person held or otherwise detained as a shield, hostage, or for ransom;
(p) the actor was under a sentence of life imprisonment or a sentence of death at the time of
the commission of the homicide; or
(q) the homicide was committed in an especially heinous, atrocious, cruel, or exceptionally
depraved manner, any of which must be demonstrated by physical torture, serious physical abuse,
or serious bodily injury of the victim before death.
(2) Aggravated murder is a capital offense.

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