Mitigating circumstances shall include, but not be limited to. the following: (1) The defendant has no significant history of prior criminal activity; (2) The capital offense was committed while the defendant was under the influence of extreme mental or emotional disturbance; (3) The victim was a participant in the defendant’s conduct or consented to it; (4) The defendant was an accomplice in the capital offense committed by another person and his participation was relatively minor; (5) The defendant acted under extreme duress or under the substantial domination of another person;
(6) 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; and (7) The age of the defendant at the time of the crime.
History: (Acts 1981, No. 81-178, §13.)