10

LAWS OF MARYLAND

Ch. 3

(2) (3) THE TERM "LAW ENFORCEMENT OFFICER"
HAS THE MEANING GIVEN IN SECTION 727 OF ARTICLE 27.
HOWEVER, AS USED IN SUBSECTION (D), THE TERM ALSO INCLUDES
(I) AN OFFICER SERVING IN A PROBATIONARY STATUS, (II) A
PAROLE AND PROBATION OFFICER, AND (III) A LAW ENFORCEMENT
OFFICER OF A JURISDICTION OUTSIDE OF MARYLAND.

(F)    IF THE COURT OR JURY DOES NOT FIND, BEYOND A
REASONABLE DOUBT, THAT ONE OR MORE OF THESE AGGRAVATING
CIRCUMSTANCES EXIST, IT SHALL STATE THAT CONCLUSION IN
WRITING, AND THE SENTENCE SHALL BE IMPRISONMENT FOR LIFE.

(G)    IF THE COURT OR JURY FINDS, BEYOND A REASONABLE
DOUBT, THAT ONE OR MORE OF THESE AGGRAVATING CIRCUMSTANCES
EXIST, IT SHALL THEN CONSIDER WHETHER, BASED UPON A
PREPONDERANCE OF THE EVIDENCE, ANY OF THE FOLLOWING
MITIGATING CIRCUMSTANCES EXIST:

(1)    THE DEFENDANT HAS NOT PREVIOUSLY (I) BEEN
FOUND GUILTY OF A CRIME OF VIOLENCE; (II) ENTERED A PLEA OF
GUILTY OR NOLO CONTENDERE TO A CHARGE OF A CRIME OF
VIOLENCE; OR (III) HAD A JUDGMENT OF PROBATION ON STAY OF
ENTRY OF JUDGMENT ENTERED ON A CHARGE OF A CRIME OF
VIOLENCE. AS USED IN THIS PARAGRAPH, "CRIME OF VIOLENCE"
MEANS ABDUCTION, ARSON, ESCAPE, KIDNAPPING, MANSLAUGHTER,
EXCEPT INVOLUNTARY MANSLAUGHTER, MAYHEM, MURDER, ROBBERY, OR
RAPE OR SEXUAL OFFENSE IN THE FIRST OR SECOND DEGREE, OR AN
ATTEMPT TO COMMIT ANY OF THESE OFFENSES, OR THE USE OF A
HANDGUN IN THE COMMISSION OF A FELONY OR ANOTHER CRIME OF
VIOLENCE.

(2)    THE VICTIM HAS A PARTICIPANT IN THE
DEFENDANT'S CONDUCT OR CONSENTED TO THE ACT WHICH CAUSED THE
VICTIM'S DEATH.

(3) THE DEFENDANT WAS AN ACCOMPLICE IN THE

MURDER WHICH WAS COMMITTED BY ANOTHER PERSON AND HIS

PARTICIPATION WAS RELATIVELY MINOR.

(4) ill THE DEFENDANT ACTED UNDER SUBSTANTIAL
DURESS, DOMINATION OR PROVOCATION OF ANOTHER PERSON, BUT NOT
SO SUBSTANTIAL AS TO CONSTITUTE A COMPLETE DEFENSE TO THE
PROSECUTION.

(5) (4) THE MURDER HAS COMMITTED WHILE THE
CAPACITY OF THE DEFENDANT TO APPRECIATE THE CRIMINALITY OF
HIS CONDUCT OR TO CONFORM HIS CONDUCT TO THE REQUIREMENTS OF
LAN HAS SUBSTANTIALLY IMPAIRED AS A RESULT OF MENTAL
INCAPACITY, MENTAL DISORDER, EMOTIONAL DISTURBANCE, OR
INTOXICATION.

(6) (5) THE YOUTHFUL AGE OF THE DEFENDANT AT
THE TIME OF THE CRIME.

(7) (6) THE ACT OF THE DEFENDANT WAS NOT THE
SOLE PROXIMATE CAUSE OF THE VICTIM'S DEATH.