§ 3591. — Sentence of death.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3591]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 228--DEATH SENTENCE
Sec. 3591. Sentence of death
(a) A defendant who has been found guilty of--
(1) an offense described in section 794 or section 2381; or
(2) any other offense for which a sentence of death is provided,
if the defendant, as determined beyond a reasonable doubt at the
hearing under section 3593--
(A) intentionally killed the victim;
(B) intentionally inflicted serious bodily injury that
resulted in the death of the victim;
(C) intentionally participated in an act, contemplating that
the life of a person would be taken or intending that lethal
force would be used in connection with a person, other than one
of the participants in the offense, and the victim died as a
direct result of the act; or
(D) intentionally and specifically engaged in an act of
violence, knowing that the act created a grave risk of death to
a person, other than one of the participants in the offense,
such that participation in the act constituted a reckless
disregard for human life and the victim died as a direct result
of the act,
shall be sentenced to death if, after consideration of the factors set
forth in section 3592 in the course of a hearing held pursuant to
section 3593, it is determined that imposition of a sentence of death is
justified, except that no person may be sentenced to death who was less
than 18 years of age at the time of the offense.
(b) A defendant who has been found guilty of--
(1) an offense referred to in section 408(c)(1) of the
Controlled Substances Act (21 U.S.C. 848(c)(1)), committed as part
of a continuing criminal enterprise offense under the conditions
described in subsection (b) of that section which involved not less
than twice the quantity of controlled substance described in
subsection (b)(2)(A) or twice the gross receipts described in
subsection (b)(2)(B); or
(2) an offense referred to in section 408(c)(1) of the
Controlled Substances Act (21 U.S.C. 848(c)(1)), committed as part
of a continuing criminal enterprise offense under that section,
where the defendant is a principal administrator, organizer, or
leader of such an enterprise, and the defendant, in order to
obstruct the investigation or prosecution of the enterprise or an
offense involved in the enterprise, attempts to kill or knowingly
directs, advises, authorizes, or assists another to attempt to kill
any public officer, juror, witness, or members of the family or
household of such a person,
shall be sentenced to death if, after consideration of the factors set
forth in section 3592 in the course of a hearing held pursuant to
section 3593, it is determined that imposition of a sentence of death is
justified, except that no person may be sentenced to death who was less
than 18 years of age at the time of the offense.
(Added Pub. L. 103-322, title VI, Sec. 60002(a), Sept. 13, 1994, 108
Stat. 1959.)
Short Title
Section 60001 of title VI of Pub. L. 103-322 provided that: ``This
title [enacting this chapter and sections 36, 37, 1118 to 1121, 2245,
2280, 2281, and 2332a of this title, amending sections 34, 241, 242,
245, 247, 794, 844, 924, 930, 1091, 1111, 1114, 1116, 1117, 1201, 1203,
1503, 1512, 1513, 1716, 1958, 1959, 1992, 2113, 2119, 2251, 2332, 2340A,
3005, and 3432 of this title and section 1324 of Title 8, Aliens and
Nationality, renumbering former section 2245 of this title as 2246,
repealing section 46503 of Title 49, Transportation, and enacting
provisions set out as notes under this section and sections 36, 37, and
2280 of this title] may be cited as the `Federal Death Penalty Act of
1994'.''
Applicability to Uniform Code of Military Justice
Section 60004 of title VI of Pub. L. 103-322 provided that:
``Chapter 228 of title 18, United States Code, as added by this title,
shall not apply to prosecutions under the Uniform Code of Military
Justice (10 U.S.C. 801).''
Section Referred to in Other Sections
This section is referred to in sections 3559, 3592, 3593 of this
title.
