Last updated on: 8/14/2012 8:48:32 AM PST
Alabama - Intentional Murder with 18 Aggravating Factors
ALA. CODE § 13A-5-40 - Capital Offenses
(a) The following are capital offenses:
(1) Murder by the defendant during a kidnapping in the first degree or an attempt thereof committed by the defendant.
(b) Except as specifically provided to the contrary in the last part of subdivision (a)(13) of this section, the terms "murder" and "murder by the defendant" as used in this section to define capital offenses mean murder as defined in section 13A-6-2(a)(1), but not as defined in section 13A-6-2(a)(2) and (3). Subject to the provisions of section 13A-5-41, murder as defined in section 13A-6-2(a)(1), may be a lesser included offense of the capital offenses defined in subsection (a) of this section.
(c) A defendant who does not personally commit the act of killing which constitutes the murder is not guilty of a capital offense defined in subsection (a) of this section unless that defendant is legally accountable for the murder because of complicity in the murder itself under the provisions of section 13A-2-23, in addition to being guilty of the other elements of the capital offense as defined in subsection (a) of this section.
(d) To the extent that a crime other than murder is an element of a capital offense defined in subsection (a) of this section, a defendant's guilt of that other crime may also be established under section 13A-2-23. When the defendant's guilt of that other crime is established under section 13A-2-23, that crime shall be deemed to have been "committed by the defendant" within the meaning of that phrase as it is used in subsection (a) of this section. (Acts 1981, No. 81-178, p. 203, § 2; Acts 1982, No. 82-567, p. 945, § 1; Acts 1987, No. 87-709, p. 1252, § 3.)
Source: Alabama Legislative Information System Online, "Capital Offenses," www.alisondb.legislature.state.al.us (accessed Aug. 13, 2012)