MARVIN MANDEL, Governor

1251

Every person, his counsellors, aiders or abettors, who
shall be convicted of kidnapping and forcibly or
fraudulently stealing, taking or carrying away any child
under the age of sixteen years, except by a parent
thereof, shall be guilty of a felony and shall be
sentenced to [death or to] the penitentiary for not more
than thirty years[,in the discretion of the court].

412.

And the jury before whom any person indicted [for
murder] PURSUANT TO SECTION 616(A) FOR A MURDER NOT
PUNISHABLE BY DEATH IS [shall be] tried shall if they
find such person guilty thereof ascertain in their
verdict whether it be murder in the first or second
degree; but if such person be convicted by confession,
the court shall proceed, by examination of witnesses, to
determine the degree of the crime, and to give sentence
accordingly; and every person liable to be prosecuted for
petit treason shall in future be indicted, proceeded
against and punished as is directed in other kinds of
murder, according to the degree.

413.

(A)    Every person convicted of murder in the first
degree[, his or her aiders, abettors and counsellors,]
shall [suffer death, or] undergo a confinement in the
penitentiary of the State for the period of their natural
life UNLESS OTHERWISE PROVIDED IN THIS SECTION.[, in the
discretion of the court before whom such person may be
tried; provided, however, that the jury in a murder case
who render a verdict of murder in the first degree, may
add thereto the words "without capital punishment," in
which case the sentence of the court shall be
imprisonment for life, and in no case where a jury shall
have rendered a verdict in manner and form as
hereinbefore prescribed, "without capital punishment"
shall the court in imposing the sentence, sentence the
convicted party to pay the death penalty.]

(B)    EVERY PERSON WHO IS CONVICTED OF MURDER IN THE
FIRST DEGREE SHALL BE SENTENCED TO DEATH IF:

(1)    HE IS FOUND BY THE TRIER OF FACT TO HAVE
BEEN THE PERSON WHO ACTUALLY COMMITTED AN ACT WHICH
PROXIMATELY CAUSED THE VICTIM'S DEATH; AND

(2)    AT THE TIME OF THE COMMISSION OF THE
ACT_# HE WAS 18 YEARS OF AGE OR OLDER; AND

(3)    THE MURDER WAS COMMITTED UNDER ONE OR
MORE OF THE FOLLOWING CIRCUMSTANCES: