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Ch. 26
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2002 LAWS OF MARYLAND'
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(III) THE DEFENDANT COMMITTED THE MURDER IN FURTHERANCE
OF AN ESCAPE FROM, AN ATTEMPT TO ESCAPE FROM, OR AN ATTEMPT TO EVADE
LAWFUL ARREST, CUSTODY, OR DETENTION BY:
1. A GUARD OR OFFICER OF A CORRECTIONAL FACILITY; OR
2. A LAW ENFORCEMENT OFFICER;
(IV) THE VICTIM WAS TAKEN OR ATTEMPTED TO BE TAKEN IN THE
COURSE OF AN ABDUCTION, KIDNAPPING, OR AN ATTEMPT TO ABDUCT OR KIDNAP;
(V) THE VICTIM WAS A CHILD ABDUCTED IN VIOLATION OF §
3-503(A)(1) OF THIS ARTICLE;
(VI) THE DEFENDANT COMMITTED THE MURDER UNDER AN
AGREEMENT OR CONTRACT FOR REMUNERATION OR PROMISE OF REMUNERATION
TO COMMIT THE MURDER;
(VII) THE DEFENDANT EMPLOYED OR ENGAGED ANOTHER TO
COMMIT THE MURDER AND THE MURDER WAS COMMITTED UNDER AN AGREEMENT
OR CONTRACT FOR REMUNERATION OR PROMISE OF REMUNERATION;
(VIII) THE DEFENDANT COMMITTED THE MURDER WHILE UNDER A
SENTENCE OF DEATH OR IMPRISONMENT FOR LIFE;
(IX) THE DEFENDANT COMMITTED MORE THAN ONE MURDER IN
THE FIRST DEGREE ARISING OUT OF THE SAME INCIDENT; OR
(X) THE DEFENDANT COMMITTED THE MURDER WHILE
COMMITTING, OR ATTEMPTING TO COMMIT:
1. ARSON IN THE FIRST DEGREE;
2. CARJACKING OR ARMED CARJACKING;
3. RAPE IN THE FIRST DEGREE;
4. ROBBERY UNDER § 3-402 OR § 3-403 OF THIS ARTICLE; OR
5. SEXUAL OFFENSE IN THE FIRST DEGREE.
(2) IF THE COURT OR JURY DOES NOT FIND THAT ONE OR MORE OF THE
AGGRAVATING CIRCUMSTANCES EXIST BEYOND A REASONABLE DOUBT:
(I) IT SHALL STATE THAT CONCLUSION IN WRITING; AND
(II) A DEATH SENTENCE MAY NOT BE IMPOSED.
(H) CONSIDERATION OF MITIGATING CIRCUMSTANCES.
(1) IN THIS SUBSECTION, "CRIME OF VIOLENCE" MEANS:
(I) ABDUCTION;
(II) ARSON IN THE FIRST DEGREE;
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