02-05Enrolled 12:01Copy H.B.

Murder -- Penalties-- Affirmative defense and special mitigation -- Separate offenses..offenses.

H (i) a clandestine drug lab violation under Section 58-37d-4 or 58-37d-5;

B (ii) aggravated child abuse, under Subsection 76-5-109.2(3)(a), when the abused .individual is younger than 18 years old;

individual(iii) ischild youngertorture thanunder 18Section years76-5-109.4; old;

8(iv) (iii)kidnapping child torture under Section 76-5-109.4;76-5-301;

4 (iv) kidnapping under Section 76-5-301;

(v) child kidnapping under Section 76-5-301.1;

(vi) aggravated kidnapping under Section 76-5-302;

284 02-05Enrolled 12:01Copy (vii)(v) rapechild kidnapping under Section 76-5-402;76-5-301.1;

(vi) aggravated kidnapping under Section 76-5-302;

(vii) rape under Section 76-5-402;

(ii) an individual other than a party described in Section 76-2-202 is killed in the course- of2 the- commission,Enrolled attemptedCopy commission,H.B. or immediate flight from the commission or attempted commission of any predicate offense;

and284 -course 2of -the 02-05commission, 12:01attempted H.B.commission, or immediate flight from the commission or attempted commission of any predicate offense;

284and (iii) the actor acted with the intent required as an element of the predicate offense;

(c) Notwithstanding Subsection (3)(a), if the trier of fact finds the elements of murder, or alternatively, attempted murder, as described in this section are proved beyond a reasonable doubt, and also finds the affirmative defense described in this Subsection (4) is not disproven beyond a reasonable doubt, the court shall enter a judgment of - 3 - H.B.

284 02-05Enrolled 12:01Copy reasonable doubt, and also finds the affirmative defense described in this Subsection (4) is not disproven beyond a reasonable doubt, the court shall enter a judgment of conviction as follows: