As used in this article, these terms shall be defined as follows:
(1) CAPITAL OFFENSE. An offense for which a defendant shall be punished by a sentence of death or life imprisonment without parole, or in the case of a defendant who establishes that he or she was under the age of 18 years at the time of the capital offense, life imprisonment, or life imprisonment without parole, according to the provisions of this article.
(2) DURING. The term as used in Section 13A-5-40(a) means in the course of or in connection with the commission of, or in immediate flight from the commission of the underlying felony or attempt thereof.
(3) EXPLOSIVES and EXPLOSION. The terms shall have the meanings provided in Section 13A-7-40(2) and (3).
(4) BURDEN OF INTERJECTING THE ISSUE. Shall be defined as provided in Section 13A-1-2(14).
(5) MURDER and MURDER BY THE DEFENDANT. Shall be defined as provided in Section 13A-5-40(b).
(6) PREVIOUSLY CONVICTED and PRIOR CRIMINAL ACTIVITY. As used in Sections 13A-5-49(2) and 13A-5-51(1), these terms refer to events occurring before the date of the sentence hearing.
(7) UNDER SENTENCE OF IMPRISONMENT. As used in Section 13A-5-49(1), the term means while serving a term of imprisonment, while under a suspended sentence, while on probation or parole, or while on work release, furlough, escape, or any other type of release or freedom while or after serving a term of imprisonment, other than unconditional release and freedom after expiration of the term of sentence.
Structure Code of Alabama
Chapter 5 - Punishments and Sentences.
Article 2 - Death Penalty and Life Imprisonment Without Parole.
Section 13A-5-39 - Definitions.
Section 13A-5-40 - Capital Offenses.
Section 13A-5-41 - Lesser Included Offenses.
Section 13A-5-42 - Guilty Plea; Burden of Proof Upon State; Waiver; Sentencing.
Section 13A-5-43.1 - Life Imprisonment for Certain Crimes by Persons Under 18 Years of Age.
Section 13A-5-43.2 - Applicability of Certain Provisions to Persons Under 18 Years of Age.
Section 13A-5-48 - Process of Weighing Aggravating and Mitigating Circumstances Defined.
Section 13A-5-49 - Aggravating Circumstances.
Section 13A-5-50 - Consideration of Aggravating Circumstances in Sentence Determination.
Section 13A-5-51 - Mitigating Circumstances - Generally.
Section 13A-5-52 - Mitigating Circumstances - Inclusion of Defendant's Character, Record, Etc.
Section 13A-5-53.1 - Appeals of Capital Punishment.
Section 13A-5-54 - Appointment of Experienced Counsel for Indigent Defendants.
Section 13A-5-55 - Conviction and Sentence of Death Subject to Automatic Review.
Section 13A-5-57 - Application of Article to Conduct After Effective Date.
Section 13A-5-58 - Interpretation of Article.
Section 13A-5-59 - Application of Article Upon Finding of Unconstitutionality.