§152-A. Aggravated attempted murder
1. A person is guilty of aggravated attempted murder if that person commits attempted murder and, at the time of that person's actions, one or more of the following aggravating circumstances is in fact present:
A. The person's intent to kill was accompanied by premeditation-in-fact; [PL 2001, c. 413, §2 (NEW).]
B. The person, at the time of the crime, intended to cause multiple deaths; [PL 2001, c. 413, §2 (NEW).]
C. The person was previously convicted in this State or another jurisdiction of criminal homicide or any other crime involving the use of deadly force against a person; [PL 2007, c. 476, §2 (AMD).]
D. The attempted murder was accompanied by torture, sexual assault or other extreme cruelty inflicted upon the victim; [PL 2001, c. 413, §2 (NEW).]
E. The attempted murder was committed in a penal institution by an inmate of that institution against another inmate or against prison personnel; [PL 2001, c. 413, §2 (NEW).]
F. The attempted murder was committed against a law enforcement officer while the officer was acting in performance of that officer's duties; or [PL 2001, c. 413, §2 (NEW).]
G. The attempted murder was committed against a hostage. [PL 2001, c. 413, §2 (NEW).]
[PL 2007, c. 476, §2 (AMD).]
2. Aggravated attempted murder is a Class A crime except that, notwithstanding section 1604, subsection 1, paragraph A, the sentence for aggravated attempted murder is imprisonment for life or a definite period of imprisonment for any term of years. The existence of an aggravating circumstance serves only as a precondition for the court to consider a life sentence.
[PL 2019, c. 113, Pt. C, §58 (AMD).]
3. It is an affirmative defense to prosecution under subsection 1 that the person's conduct was expressly authorized by Title 22, chapter 418.
[PL 2019, c. 271, §1 (NEW).]
SECTION HISTORY
PL 2001, c. 413, §2 (NEW). PL 2007, c. 476, §2 (AMD). PL 2019, c. 113, Pt. C, §58 (AMD). PL 2019, c. 271, §1 (AMD).
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.