§ 76-3-406.5. Aggravating factors in imprisonment for certain criminal homicide cases.

(1) As used in this section:

(a) "Cohabitant" has the same definition as in Section 78B-7-102.

(b) "Position of trust" includes the position of a spouse, parent, or cohabitant.

(2) It is an aggravating factor that the person occupied a position of trust in relation to the victim.

(3) The Board of Pardons and Parole shall consider the aggravating factor in Subsection (2) in determining the length of imprisonment for a person convicted of:

(a) aggravated murder under Section 76-5-202;

(b) murder under Section 76-5-203; or

(c) manslaughter under Section 76-5-205.

(4) The sentencing court shall consider the aggravating factor in Subsection (2) in sentencing a person convicted of manslaughter under Section 76-5-205.

Amended by Chapter 3, 2008 General Session