WILLIAM DONALD SCHAEFER, Governor Ch. 237

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 was a participant in the defendant's
conduct or consented to the act which caused the victim's death.

(3)  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.

(4)  The murder was committed while the capacity of
the defendant to appreciate the criminality of his conduct or to
conform his conduct to the requirements of law was substantially
impaired as a result of mental incapacity, mental disorder or
emotional disturbance.

(5)  The youthful age of the defendant at the time of
the crime.

(6)  The act of the defendant was not the sole
proximate cause of the victim's death.

(7)  It is unlikely that the defendant will engage in
further criminal activity that would constitute a continuing
threat to society.

(8)  Any other facts which the jury or the court
specifically sets forth in writing that it finds as mitigating
circumstances in the case.

(h) (1) If the court or jury finds that one or more of

these mitigating circumstances exist, it shall determine whether,

by a preponderance of the evidence, the mitigating circumstances
outweigh the aggravating circumstances.

(2)  If it finds that the mitigating circumstances do
not outweigh the aggravating circumstances, the sentence shall be
death.

(3)  If it finds that the mitigating circumstances
outweigh the aggravating circumstances, [the] A sentence [shall
be imprisonment for life] OF DEATH MAY NOT BE IMPOSED.

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