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Code Section

Yes, for 1st degree murder with mitigating factors

Effect of Incapacity
Considered mitigating circumstance

Minimum Age


Capital Homicide
Previous capital convictions or homicides; previous conviction of a “serious offense”; previous felonies with use or threat of violence; knowingly created grave risk of death to persons in addition to victim; procured commission of offense by payment; especially heinous, cruel or depraved manner; adult person and victim under 15 or over 70; victim on duty peace officer and defendant knew or should have known; in custody of state dept. of corrections, law enforcement agency or jail at time of homicide

Method of Execution
Lethal injection. If defendant is convicted for crime committed prior to November 23, 1992, s/he shall choose between lethal gas or lethal injection.

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