76-3-406.5. Aggravating factors in imprisonment for certain criminal homicide cases.
(1) As used in this section: "Cohabitant" has the same definition as in Section. 78B-7-102 "Position of trust" includes the position of a spouse, parent, or cohabitant.
(2) It is an aggravating factor that the actor occupied a position of trust in relation to the victim.
(3) The Board of Pardons and Parole shall consider the aggravating factor in Subsectionin determining the length of imprisonment for an actor convicted of: (2) aggravated murder under Section; 76-5-202 murder under Section; 76-5-203 manslaughter under Section; or 76-5-205 aiding or encouraging suicide under Section. 76-5-211
(4) The sentencing court shall consider the aggravating factor in Subsectionin sentencing an actor convicted of: (2) manslaughter under Section; or 76-5-205 aiding or encouraging suicide under Section. 76-5-211