PUBLIC LAW 103-322—SEPT. 13, 1994 108 STAT. 1963 "(C) a foreign official listed in section 1116(b)(3)(A), if the official is in the United States on official business; or "(D) a Federal public servant who is a judge, a law enforcement officer, or an employee of a United States penal or correctional institution— "(i) while he or she is engaged in the performance of his or her official duties; "(ii) because of the performance of his or her official duties; or "(iii) because of his or her status as a public servant. For purposes of this subparagraph, a 'law enforcement officer' is a public servant authorized by law or by a (Government agency or Congress to conduct or engage in the prevention, investigation, or prosecution or adjudication of an offense, and includes those engaged in corrections, parole, or probation functions. "(15) PRIOR CONVICTION OF SEXUAL ASSAULT OR CHILD MOLESTATION.—In the case of an offense under chapter 109A (sexual abuse) or chapter 110 (sexual abuse of children), the defendant has previously been convicted of a crime of sexual assault or crime of child molestation. The jury, or if there is no jury, the court, may consider whether any other aggravating factor for which notice has been given exists. "(d) AGGRAVATING FACTORS FOR DRUG OFFENSE DEATH PEN- ALTY.— 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: "(1) PREVIOUS CONVICTION OF OFFENSE FOR WHICH A SEN- TENCE OF DEATH OR LIFE IMPRISONMENT WAS AUTHORIZED.— The defendant has previously been convicted of another Federal or State offense resulting in the death of a person, for which a sentence of life imprisonment or death was authorized by statute. "(2) PREVIOUS CONVICTION OF OTHER SERIOUS OFFENSES. — The defendant has previously been convicted of two or more Federal or State offenses, each punishable by a term of imprisonment of more than one year, committed on different occasions, involving the importation, manufacture, or distribution of a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) or the infliction of, or attempted infliction of, serious bodily injury or death upon another person. "(3) PREVIOUS SERIOUS DRUG FELONY coNviCTiON.The defendant has previously been convicted of another Federal or State offense involving the manufacture, distribution, importation, or possession of a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) for which a sentence of five or more years of imprisonment was authorized by statute. "(4) USE OF FIREARM.—In committing the offense, or in furtherance of a continuing criminal enterprise of which the offense was a part, the defendant used a firearm or knowingly directed, advised, authorized, or assisted another to use a firearm to threaten, intimidate, assault, or i]:\jure a person.
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