18 U.S.C. § 3592
Mitigating and aggravating factors to be considered in determining whether a sentence of death is justified
United States · Title 18 — CRIMES AND CRIMINAL PROCEDURE · Status: effective
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- Citation
- 18 U.S.C. § 3592, Mitigating and aggravating factors to be considered in determining whether a sentence of death is justified, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/449979
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Full text
In determining whether a sentence of death is to be imposed on a defendant, the finder of fact shall consider any mitigating factor, including the following:
In determining whether a sentence of death is justified for an offense described in section 3591(a)(1), the jury, or if there is no jury, the court, shall consider each of the following aggravating factors for which notice has been given and determine which, if any, exist:
In determining whether a sentence of death is justified for an offense described in section 3591(a)(2), the jury, or if there is no jury, the court, shall consider each of the following aggravating factors for which notice has been given and determine which, if any, exist:
The defendant committed the offense against—
a Federal public servant who is a judge, a law enforcement officer, or an employee of a United States penal or correctional institution—
In determining whether a sentence of death is justified for an offense described in section 3591(b), the jury, or if there is no jury, the court, shall consider each of the following aggravating factors for which notice has been given and determine which, if any, exist:
Legislative history
The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.
- Violent Crime Control and Law Enforcement Act of 1994
- Antiterrorism and Effective Death Penalty Act of 1996
- Economic Espionage Act of 1996House: no recorded tallySenate: no recorded tally
- 21st Century Department of Justice Appropriations Authorization ActHouse: 400–4Senate: no recorded tally
- Adam Walsh Child Protection and Safety Act of 2006House: no recorded tallySenate: no recorded tally