S.B. 4

1

CAPITAL HOMICIDE AMENDMENTS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: David L. Buhler
5 AN ACT RELATING TO THE CRIMINAL CODE; AMENDING THE AGGRAVATED
6 MURDER STATUTE TO INCLUDE SITUATIONS WHERE AN ATTEMPT WAS MADE
7 TO KILL ANOTHER PERSON OTHER THAN THE VICTIM; CLARIFYING THE
8 PROVISIONS WHEN A BOMB OR EXPLOSIVE DEVICE IS USED; AND MAKING
9 TECHNICAL CORRECTIONS.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 76-5-202, as last amended by Chapter 137, Laws of Utah 1996
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 76-5-202 is amended to read:
15 76-5-202. Aggravated murder.
16 (1) Criminal homicide constitutes aggravated murder if the actor intentionally or
17 knowingly causes the death of another under any of the following circumstances:
18 (a) the homicide was committed by a person who is confined in a jail or other correctional
19 institution;
20 (b) the homicide was committed incident to one act, scheme, course of conduct, or
21 criminal episode during which two or more persons [are] were killed, or during which the actor
22 attempted to kill one or more persons in addition to the victim who was killed;
23 (c) the actor knowingly created a great risk of death to a person other than the victim and
24 the actor;
25 (d) the homicide was committed while the actor was engaged in the commission of, or an
26 attempt to commit, or flight after committing or attempting to commit, aggravated robbery,
27 robbery, rape, rape of a child, object rape, object rape of a child, forcible sodomy, sodomy upon

1 a child, forcible sexual abuse, sexual abuse of a child, aggravated sexual abuse of a child, child
2 abuse of a child under the age of 14 years, as otherwise defined in Subsection 76-5-109(2)(a), or
3 aggravated sexual assault, aggravated arson, arson, aggravated burglary, burglary, aggravated
4 kidnaping, kidnaping, or child kidnaping;
5 (e) the homicide was committed for the purpose of avoiding or preventing an arrest of the
6 defendant or another by a peace officer acting under color of legal authority or for the purpose of
7 effecting the defendant's or another's escape from lawful custody;
8 (f) the homicide was committed for pecuniary or other personal gain;
9 (g) the defendant committed, or engaged or employed another person to commit the
10 homicide pursuant to an agreement or contract for remuneration or the promise of remuneration
11 for commission of the homicide;
12 (h) the actor was previously convicted of aggravated murder, murder, or of a felony
13 involving the use or threat of violence to a person. For the purpose of this subsection an offense
14 committed in another jurisdiction, which if committed in Utah would be punishable as aggravated
15 murder or murder, is considered aggravated murder or murder;
16 (i) the homicide was committed for the purpose of:
17 (i) preventing a witness from testifying;
18 (ii) preventing a person from providing evidence or participating in any legal proceedings
19 or official investigation;
20 (iii) retaliating against a person for testifying, providing evidence, or participating in any
21 legal proceedings or official investigation; or
22 (iv) disrupting or hindering any lawful governmental function or enforcement of laws;
23 (j) the victim is or has been a local, state, or federal public official, or a candidate for
24 public office, and the homicide is based on, is caused by, or is related to that official position, act,
25 capacity, or candidacy;
26 (k) the victim is or has been a peace officer, law enforcement officer, executive officer,
27 prosecuting officer, jailer, prison official, firefighter, judge or other court official, juror, probation
28 officer, or parole officer, and the victim is either on duty or the homicide is based on, is caused by,
29 or is related to that official position, and the actor knew, or reasonably should have known, that
30 the victim holds or has held that official position;
31 (l) the homicide was committed by means of a destructive device, bomb, explosive,

- 2 -

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




Legislative Review Note
as of 10-31-96 9:07 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

- 3 -