PUBLIC LAW 102-382—OCT. 5, 1992 106 STAT. 1437 circumstance of the offense that the defendant may proffer as a mitigating factor exists, including the following factors: "'(1) MENTAL CAPACITY. —The defendant's mental capacity to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law was significantly impaired. "'(2) DURESS. —The defendant was under unusual and substantial duress.
- "(3) PARTICIPATION IN OFFENSE MINOR.— The defendant is
punishable as a principal (pursuant to section 908 of the Act entitled An Act to establish a code of law for the District of Colimibia'*, approved March 3, 1901 (D.C. Code 22-105)) in the offense, which was committed by another, but the defendant's participation was relatively minor, "'(e) AGGRAVATING FACTORS. —In determining whether to recommend a sentence of death, the jury shall consider any aggravating factor for which notice has been provided under subsection (f), including the following factors:
- (1) KILLING IN FURTHERANCE OF DRUG TRAFFICKING. —
The defendtuit engaged in the conduct resulting in death in the course of or in furtherance of drug traffiwing activity. "'(2) KiLUNG IN THE COURSE OF OTHER SERIOUS VIOLENT CRIMES. —The defendant engaged in the conduct resulting in death in the course of committing or attempting to commit an offense involving robbery, burglary, sexual abuse, kidnapping, or arson. "'(3) MULTIPLE KILLINGS OR ENDANGERMENT OF OTHERS.— The defendant committed more than one offense under this section, or in committing the offense knowingly created a grave risk of death to one or more persons in addition to the victim of the offense. "'(4) INVOLVEMENT OF FIREARM.— During and in relation to the commission of the offense, the defendant used or possessed a firearm (as defined in paragraph (6) of D.C. Law 1-85 (D.C. Code 6-2302(6))). • "(5) PREVIOUS CONVICTION OF VIOLENT FELONY. —The defendant has previously been convicted of an offense punishable by a term of imprisonment of more than 1 year that involved the use or attempted or threatened use offeree against a person or that involved sexual abuse. "'(6) KILLING WHILE INCARCERATED OR UNDER SUPER- VISION.—The defendant at the time of the offense was confined in or had escaped from a jail, prison, or other correctional or detention facility, was on pre-trial release, or was on probation, parole, supervised release, or other post-conviction conditional release. •"(7) HEINOUS, CRUEL OR DEPRAVED MANNER OF COMMIS- SION.—The defendant committed the offense in an especially heinous, cruel, or depraved manner in that it involved torture or serious physical abuse of the victim. "'(8) PROCUREMENT OF THE OFFENSE BY PAYMENT. — The defendant procured the commission of the offense by payment, or promise of payment, of anything of pecuniary value. "'(9) COMMISSION OF THE OFFENSE FOR PECUNIARY GAIN. — The defendant committed the offense as consideration for receiving, or in the expectation of receiving or obtaining, any- thing of pecuniary value.
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