76-3-406.5 - Aggravating factors in imprisonment for certain criminal homicide cases.
76-3-406.5. Aggravating factors in imprisonment for certain criminal homicidecases.
(1) As used in this section:
(a) "Cohabitant" has the same definition as in Section 78B-7-102.
(b) "Position of trust" includes the position of a spouse, parent, or cohabitant.
(2) It is an aggravating factor that the person occupied a position of trust in relation to thevictim.
(3) The Board of Pardons and Parole shall consider the aggravating factor in Subsection(2) in determining the length of imprisonment for a person convicted of:
(a) aggravated murder under Section 76-5-202;
(b) murder under Section 76-5-203; or
(c) manslaughter under Section 76-5-205.
(4) The sentencing court shall consider the aggravating factor in Subsection (2) insentencing a person convicted of manslaughter under Section 76-5-205.
Amended by Chapter 3, 2008 General Session