Aggravated Murder Defined

COL9192018 CH. 16 CRIMINAL HOMICIDE

(a)Criminal homicide constitutes aggravated murder when:

(1)it is committed intentionally with premeditation; or

(2)it is committed during the commission or attempt to commit any felony defined in Chapters 22, 25, 31, 34, 37, 40 or 58 of this Title; or

(3)death is directly caused by the illegal use of a Schedule I Controlled Substance, as defined by Chapter 67 of this Title, to a minor child under the age of eighteen

(18)years old (Any person who knowingly or willingly transfers or sells any Schedule I Controlled Substance, as defined by Chapter 67 of this Title, to a minor child under the age of eighteen

(18)years old in violation of the provisions of Chapter 67 of this Title, and such controlled substances directly causes the death of such minor child, is guilty of aggravated murder. This Section shall not apply to health care professionals and pharmacists in the legitimate practice of the healing arts.); or

(4)it is committed upon the orders of another person. Such person giving the order is also guilty of aggravated murder.

(b)Aggravated murder is a felony of the first degree, but a person convicted of aggravated murder shall be sentenced to life imprisonment notwithstanding any other provision of law; provided, further, that any person convicted of aggravated murder shall not be eligible for parole, work release, educational programs outside the confines of prison nor shall his sentence be suspended.