Capital Punishment in Utah - Capital Offenses

Capital Offenses

• Aggravated murder
  • The murder was especially heinous, atrocious, cruel or depraved (or involved torture).
  • The murder was committed incident to a hijacking
  • The defendant knowingly created a grave risk of death for one or more persons in addition to the victim of the offense.
  • The defendant committed or attempted to commit more than one murder at the same time.
  • The murder was committed by means of poison or a lethal substance.
  • The murder was committed for pecuniary gain or pursuant to an agreement that the defendant would receive something of value.
  • The defendant caused or directed another to commit murder, or the defendant procured the commission of the offense by payment, promise of payment, or anything of pecuniary value.
  • The murder was committed to avoid or prevent arrest, to effect an escape, or to conceal the commission of a crime.
  • The capital offense was committed to interfere with the lawful exercise of any government function or the enforcement of the laws.
  • The defendant has been convicted of, or committed, a prior murder, a felony involving violence, or other serious felony.
  • The capital offense was committed by a person who is incarcerated, has escaped, is on probation, is in jail, or is under a sentence of imprisonment. The actor was under a sentence of life imprisonment or a sentence of death at the time of the homicide.
  • The victim is or has been a local, state, or federal public official, or a candidate for public office, and the homicide is based on, is caused by, or is related to that official position, act, capacity, or candidacy.
  • The murder was committed against a person held as a shield, as a hostage, or for ransom
  • The murder was committed against a witness in a criminal proceeding to prevent the witness from appearing, or for revenge.
  • The homicide was committed while the actor was engaged in, or attempted to, or flight from committed or attempted child abuse.
  • The defendant was involved in the desecration of a dead human body or dismembering, mutilation, or disfiguring of the victim's body, either before or after death, in a manner demonstrating the actor’s depravity of mind. The homicide was committed incident to the abuse or desecration of a dead body.
  • The murder was committed by means of any weapon of mass destruction.

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