76-5-203. Murder -- Penalties-- Affirmative defense and special mitigation -- Separate offenses.
(1) As used in this section, "predicate offense" means: a clandestine drug lab violation under Section; 76-18-506 aggravated child abuse, under Subsection, when the abused individual is younger than 18 years old; 76-5-109.2(3)(a) child torture under Section; 76-5-109.4 kidnapping under Section; 76-5-301 child kidnapping under Section; 76-5-301.1 aggravated kidnapping under Section; 76-5-302 rape under Section; 76-5-402 rape of a child under Section; 76-5-402.1 object rape under Section; 76-5-402.2 object rape of a child under Section; 76-5-402.3 forcible sodomy under Section; 76-5-403 sodomy upon a child under Section; 76-5-403.1 forcible sexual abuse under Section; 76-5-404 sexual abuse of a child under Section; 76-5-404.1 aggravated sexual abuse of a child under Section; 76-5-404.3 aggravated sexual assault under Section; 76-5-405 arson under Section; 76-6-102 aggravated arson under Section; 76-6-103 burglary under Section; 76-6-202 aggravated burglary under Section; 76-6-203 robbery under Section; 76-6-301 aggravated robbery under Section; 76-6-302 escape under Section; 76-8-309 aggravated escape under Section; or 76-8-309.1 a violation of Sectionorregarding discharge of a firearm or dangerous weapon. 76-11-209 76-11-210 Terms defined in Sectionapply to this section. 76-1-101.5
(2) An actor commits murder if: the actor intentionally or knowingly causes the death of another individual; intending to cause serious bodily injury to another individual, the actor commits an act clearly dangerous to human life that causes the death of the other individual; acting under circumstances evidencing a depraved indifference to human life, the actor knowingly engages in conduct that creates a grave risk of death to any individual and thereby causes the death of any individual; the actor is engaged in the commission, attempted commission, or immediate flight from the commission or attempted commission of any predicate offense, or is a party to the predicate offense; an individual other than a party described in Sectionis killed in the course of the commission, attempted commission, or immediate flight from the commission or attempted commission of any predicate offense; and 76-2-202 the actor acted with the intent required as an element of the predicate offense; the actor recklessly causes the death of a peace officer or military service member while in the commission or attempted commission of: an assault against a peace officer under Section; 76-5-102.4 interference with a peace officer while making a lawful arrest under Sectionif the actor uses force against the peace officer; or 76-8-305 an assault against a military service member under Section; or 76-5-102.10 the actor commits a homicide that would be aggravated murder, but the offense is reduced in accordance with Subsection. 76-5-202(4)
(3) A violation of Subsectionis a first degree felony. (2) A defendant who is convicted of murder shall be sentenced to imprisonment for an indeterminate term of not less than 15 years and which may be for life. Notwithstanding Subsection, 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 that the existence of special mitigation is established by a preponderance of the evidence and in accordance with Section, the court shall enter a judgment of conviction as follows: (3)(a) 76-5-205.5 if the trier of fact finds the defendant guilty of murder, the court shall enter a judgment of conviction for manslaughter; or if the trier of fact finds the defendant guilty of attempted murder, the court shall, notwithstanding Subsectionor, enter a judgment of conviction for attempted manslaughter. 76-4-102(1)(b) 76-4-102(1)(c)
(4) It is an affirmative defense to a charge of murder or attempted murder that the defendant caused the death of another individual or attempted to cause the death of another individual under a reasonable belief that the circumstances provided a legal justification or excuse for the conduct although the conduct was not legally justifiable or excusable under the existing circumstances. The reasonable belief of the actor under Subsectionshall be determined from the viewpoint of a reasonable person under the then existing circumstances. (4)(a) Notwithstanding Subsection, 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 Subsectionis not disproven beyond a reasonable doubt, the court shall enter a judgment of conviction as follows: (3)(a) (4) if the trier of fact finds the defendant guilty of murder, the court shall enter a judgment of conviction for manslaughter; or if the trier of fact finds the defendant guilty of attempted murder, the court shall enter a judgment of conviction for attempted manslaughter.
(5) Any predicate offense that constitutes a separate offense does not merge with the crime of murder. An actor who is convicted of murder, based on a predicate offense that constitutes a separate offense, may also be convicted of, and punished for, the separate offense.