Pennsylvania Code on Murder and Aggravating and Mitigating Circumstances

18 Pa C.S.A. Sec 2502 (a) MURDER OF THE FIRST DEGREE.-- A criminal homicide constitutes murder of the first degree when it is committed by an intentional killing.

42 Pa C.S.A. Sec 9711 (d) AGGRAVATING CIRCUMSTANCES.-- Aggravating circumstances shall be limited to the following:

(1) The victim was a firefighter, peace officer, public servant
concerned in official detention, as defined in 18 Pa.C.S. § 5121
(relating to escape), judge of any court in the unified judicial
system, the Attorney General of Pennsylvania, a deputy attorney
general, district attorney, assistant district attorney, member of the
General Assembly, Governor, Lieutenant Governor, Auditor General, State
Treasurer, State law enforcement official, local law enforcement
official, Federal law enforcement official or person employed to assist
or assisting any law enforcement official in the performance of his
duties, who was killed in the performance of his duties or as a result
of his official position.

(2) The defendant paid or was paid by another person or had contracted
to pay or be paid by another person or had conspired to pay or be paid
by another person for the killing of the victim.

(3) The victim was being held by the defendant for ransom or reward, or
as a shield or hostage.

(4) The death of the victim occurred while defendant was engaged in the
hijacking of an aircraft.

(5) The victim was a prosecution witness to a murder or other felony
committed by the defendant and was killed for the purpose of preventing
his testimony against the defendant in any grand jury or criminal
proceeding involving such offenses.

(6) The defendant committed a killing while in the perpetration of a
felony.

(7) In the commission of the offense the defendant knowingly created a
grave risk of death to another person in addition to the victim of the
offense.

(8) The offense was committed by means of torture.

(9) The defendant has a significant history of felony convictions
involving the use or threat of violence to the person.

(10) The defendant has been convicted of another Federal or State
offense, committed either before or at the time of the offense at
issue, for which a sentence of life imprisonment or death was imposable
or the defendant was undergoing a sentence of life imprisonment for any
reason at the time of the commission of the offense.

(11) The defendant has been convicted of another murder committed in
any jurisdiction and committed either before or at the time of the
offense at issue.

(12) The defendant has been convicted of voluntary manslaughter, as
defined in 18 Pa.C.S. § 2503 (relating to voluntary manslaughter), or a
substantially equivalent crime in any other jurisdiction, committed
either before or at the time of the offense at issue.

(13) The defendant committed the killing or was an accomplice in the
killing, as defined in 18 Pa.C.S. § 306(c) (relating to liability for
conduct of another; complicity), while in the perpetration of a felony
under the provisions of the act of April 14, 1972 (P.L. 233, No. 64),
known as The Controlled Substance, Drug, Device and Cosmetic Act, and
punishable under the provisions of 18 Pa.C.S. § 7508 (relating to drug
trafficking sentencing and penalties).

(14) At the time of the killing, the victim was or had been involved,
associated or in competition with the defendant in the sale,
manufacture, distribution or delivery of any controlled substance or
counterfeit controlled substance in violation of The Controlled
Substance, Drug, Device and Cosmetic Act or similar law of any other
state, the District of Columbia or the United States, and the defendant
committed the killing or was an accomplice to the killing as defined in
18 Pa.C.S. § 306(c), and the killing resulted from or was related to
that association, involvement or competition to promote the defendant's
activities in selling, manufacturing, distributing or delivering
controlled substances or counterfeit controlled substances.

(15) At the time of the killing, the victim was or had been a
nongovernmental informant or had otherwise provided any investigative,
law enforcement or police agency with information concerning criminal
activity and the defendant committed the killing or was an accomplice
to the killing as defined in 18 Pa.C.S. § 306(c), and the killing was
in retaliation for the victim's activities as a nongovernmental
informant or in providing information concerning criminal activity to
an investigative, law enforcement or police agency.

(16) The victim was a child under 12 years of age.

(17) At the time of the killing, the victim was in her third trimester
of pregnancy or the defendant had knowledge of the victim's pregnancy.

(18) At the time of the killing the defendant was subject to a court
order restricting in any way the defendant's behavior toward the victim
pursuant to 23 Pa.C.S. Ch. 61 (relating to protection from abuse) or
any other order of a court of common pleas or of the minor judiciary
designed in whole or in part to protect the victim from the defendant.

42 Pa C.S.A. Sec 9711 (e) MITIGATING CIRCUMSTANCES.-- Mitigating circumstances shall include the following:

(1) The defendant has no significant history of prior criminal
convictions.

(2) The defendant was under the influence of extreme mental or
emotional disturbance.

(3) The capacity of the defendant to appreciate the criminality of his
conduct or to conform his conduct to the requirements of law was
substantially impaired.

(4) The age of the defendant at the time of the crime.

(5) The defendant acted under extreme duress, although not such duress
as to constitute a defense to prosecution under 18 Pa.C.S. § 309
(relating to duress), or acted under the substantial domination of
another person.

(6) The victim was a participant in the defendant's homicidal conduct
or consented to the homicidal acts.

(7) The defendant's participation in the homicidal act was relatively
minor.

(8) Any other evidence of mitigation concerning the character and
record of the defendant and the circumstances of his offense.