Aggravating circumstances shall be any of the following:
(1) The capital offense was committed by a person under sentence of imprisonment.
(2) The defendant was previously convicted of another capital offense or a felony involving the use or threat of violence to the person.
(3) The defendant knowingly created a great risk of death to many persons.
(4) The capital offense was committed while the defendant was engaged or was an accomplice in the commission of, or an attempt to commit, or flight after committing, or attempting to commit, rape, robbery, burglary, or kidnapping.
(5) The capital offense was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from custody.
(6) The capital offense was committed for pecuniary gain.
(7) The capital offense was committed to disrupt or hinder the lawful exercise of any governmental function or the enforcement of laws.
(8) The capital offense was especially heinous, atrocious, or cruel compared to other capital offenses.
(9) The defendant intentionally caused the death of two or more persons by one act or pursuant to one scheme or course of conduct.
(10) The capital offense was one of a series of intentional killings committed by the defendant.
(11) The capital offense was committed when the victim was less than 14 years of age.
(12) The capital offense was committed by the defendant in the presence of a child under the age of 14 years at the time of the offense, if the victim was the parent or legal guardian of the child. For the purposes of this subdivision, "in the presence of a child" means in the physical presence of a child or having knowledge that a child is present and may see or hear the act.
(13) The victim of the capital offense was any police officer, sheriff, deputy, state trooper, federal law enforcement officer, or any other state or federal peace officer of any kind, or prison or jail guard, while the officer or guard was on duty, regardless of whether the defendant knew or should have known the victim was an officer or guard on duty, or because of some official or job-related act or performance of the officer or guard.
(14) The victim of the capital offense was a first responder who was operating in an official capacity. For the purposes of this subdivision, first responder includes emergency medical services personnel licensed by the Alabama Department of Public Health, as well as firefighters and volunteer firefighters as defined by Section 36-32-1.
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.