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Life Or Death for Child Homicide Updated April 2011 Life or Death for Child Homicide Updated April 2011 These are statutes that consider young age of a victim as a sole factor in determining whether a murderer should or must be sentenced as life imprisonment or death penalty. This compilation only includes statutes allowing for aggravated factors for death of a child and does not include statutes requiring a finding of child abuse. Jurisdictions that do not elevate the sentencing range to either life or death for the murder of children are left blank. Alabama...............................................................................................................................4 ALA. CODE §13A-5-40 (2010). Capital Offenses. ..........................................................4 ALA. CODE § 13A-5-45 (2010). Sentence hearing -- Delay; statements and arguments; admissibility of evidence; burden of proof; mitigating and aggravating circumstances.6 Alaska ..................................................................................................................................7 Arizona ................................................................................................................................7 ARIZ. REV. STAT. § 13-751 (2011). Sentence of death or life imprisonment; aggravating and mitigating circumstances; definition.....................................................7 Arkansas ............................................................................................................................11 ARK. CODE ANN. § 5-4-603 (2010). Death sentences, unanimous findings..................11 ARK. CODE ANN. § 5-4-604 (2010). Aggravating circumstances..................................12 ARK. CODE ANN. § 5-10-101 (2010). Capital murder ...................................................13 Public Safety Improvement Act, 2011 Ark. Act 570, § 22 (to be codified at ARK. CODE ANN. § 5-10-101)...........................................................................................................16 ARK. CODE ANN. § 5-10-102 (2010). Murder in the first degree ..................................16 California ...........................................................................................................................17 Colorado ............................................................................................................................17 COLO. REV. STAT. § 18-1.3-401 (2001). Felonies classified--presumptive penalties....17 COLO. REV. STAT. § 18-3-102 (2011). Murder in the first degree.................................28 Connecticut........................................................................................................................29 CONN. GEN. STAT. § 53A-35 35a (2011). Imprisonment for felony committed on or after July 1, 1981. Definite sentence. Authorized term .................................................30 CONN. GEN. STAT. § 53A-54B (2011). Capital felony...................................................30 Delaware............................................................................................................................31 DEL. CODE ANN tit. 11, § 4209 (2010). Punishment, procedure for determining punishment, review of punishment and method of punishment for first-degree murder .......................................................................................................................................31 District of Columbia ..........................................................................................................39 D.C. CODE ANN. § 22- 2104.01 (2011). Sentencing procedure for murder in the first degree.............................................................................................................................39 D.C. CODE ANN. § 24-403.01 (2011). Sentencing, supervised release, and good time credit for felonies committed on or after August 5, 2000..............................................40 Florida................................................................................................................................44 Georgia ..............................................................................................................................44 Hawaii................................................................................................................................44 National Center for Prosecution of Child Abuse National District Attorneys Association Idaho ..................................................................................................................................44 Illinois................................................................................................................................45 720 ILL. COMP. STAT. 5/9-1 (2010). First degree Murder--Death penalties--Exceptions-- Separate Hearings--Proof--Findings--Appellate procedures--Reversals.......................45 730 ILL. COMP. STAT. 5/5-8-1 (2010). Natural life imprisonment; enhancements for use of a firearm; mandatory supervised release terms. ........................................................51 Indiana ...............................................................................................................................54 IND. CODE ANN. § 35-50-2-9 (2011). Death sentence; life imprisonment without parole .......................................................................................................................................54 Iowa ...................................................................................................................................59 IOWA CODE § 707.2 (2011). Murder in the first degree .................................................59 IOWA CODE § 902.1 (2011). Class “A” felony ...............................................................60 Kansas................................................................................................................................60 Kentucky............................................................................................................................60 Louisiana............................................................................................................................60 LA. REV. STAT. ANN. § 14:30 (2010). First degree murder ...........................................61 LA. CODE CRIM. PROC. ANN. art. 905.4 (2010). Aggravating circumstances ................62 Maine .................................................................................................................................64 ME. REV. STAT. ANN. tit. 17-A, §1251 (2009). Imprisonment for murder....................64 Maryland............................................................................................................................64 Massachusetts ....................................................................................................................64 Michigan............................................................................................................................64 Minnesota ..........................................................................................................................64 Mississippi .........................................................................................................................64 Missouri .............................................................................................................................64 Montana .............................................................................................................................64 Nebraska ............................................................................................................................65 Nevada ...............................................................................................................................65 Nev. Rev. Stat. Ann. § 200.033 (2010). Circumstances aggravating first degree murder .......................................................................................................................................65 New Hampshire .................................................................................................................67 N.H. Rev. Stat. Ann. § 630:5 (2011). Procedure in Capital Murder. ............................67 New Jersey.........................................................................................................................72 N.J. Stat. Ann. § 2C:11-3 (2011). Murder.....................................................................72 New Mexico.......................................................................................................................75 N.M. STAT. ANN. § 31-18-15 (2010). Sentencing authority; noncapital felonies; basic sentences and fines; parole authority; meritorious deductions......................................75 New York...........................................................................................................................77 N.Y. PENAL LAW § 70.00 (2011). Sentence of imprisonment for felony......................77 N.Y. PENAL LAW § 125.26 (2011). Aggravated murder................................................80 North Carolina ...................................................................................................................81 North Dakota .....................................................................................................................81 Ohio ...................................................................................................................................81
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