Section 13A-5-49

Aggravating circumstances.

Aggravating circumstances shall be the following:

(1) The capital offense was committed by a person under sentence of imprisonment;

(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; or

(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.

(Acts 1981, No. 81-178, p. 203, §11; Acts 1982, No. 82-567, p. 945, §1; Act 99-403, p. 683, §1; Act 2018-537, §2.)