Code of Alabama

Ala. Code § 13A-5-49 (2026)

Aggravating Circumstances.

✓ official Alabama Legislature (ALISON) text, current July 2026

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Aggravating circumstances shall be any of the following:

(1) The capital offense was committed by a person under sentence of imprisonment.

(2) The defendant was previously convicted of another capital offense or a felony involving the use or threat of violence to the person.

(3) The defendant knowingly created a great risk of death to many persons.

(4) The capital offense was committed while the defendant was engaged or was an accomplice in the commission of, or an attempt to commit, or flight after committing, or attempting to commit, rape, robbery, burglary, or kidnapping.

(5) The capital offense was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from custody.

(6) The capital offense was committed for pecuniary gain.

(7) The capital offense was committed to disrupt or hinder the lawful exercise of any governmental function or the enforcement of laws.

(8) The capital offense was especially heinous, atrocious, or cruel compared to other capital offenses.

(9) The defendant intentionally caused the death of two or more persons by one act or pursuant to one scheme or course of conduct.

(10) The capital offense was one of a series of intentional killings committed by the defendant.

(11) The capital offense was committed when the victim was less than 14 years of age.

(12) The capital offense was committed by the defendant in the presence of a child under the age of 14 years at the time of the offense, if the victim was the parent or legal guardian of the child. For the purposes of this subdivision, “in the presence of a child” means in the physical presence of a child or having knowledge that a child is present and may see or hear the act.

(13) The victim of the capital offense was any police officer, sheriff, deputy, state trooper, federal law enforcement officer, or any other state or federal peace officer of any kind, or prison or jail guard, while the officer or guard was on duty, regardless of whether the defendant knew or should have known the victim was an officer or guard on duty, or because of some official or job-related act or performance of the officer or guard.

(14) The victim of the capital offense was a first responder who was operating in an official capacity. For the purposes of this subdivision, first responder includes emergency medical services personnel licensed by the Alabama Department of Public Health, as well as firefighters and volunteer firefighters as defined by Section 36-32-1.

(Acts 1981, No. 81-178, p. 203, §11; Acts 1982, No. 82-567, p. 945, §1; Act 99-403, p. 683, §1; Act 2018-537, §2; Act 2019-514, §2.)

Notes of Decisions

Cited in 371 cases (27 in the last 5 years), 1982–2026 · leading case: Turner v. State, 924 So. 2d 737 (Ala. Crim. App. 2003).

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Turner v. State, 924 So. 2d 737 (Ala. Crim. App. 2003). · cites it 24× “We agree that in this case, the jury's verdict finding Turner guilty of two counts of capital murder murder during a rape and murder during a robbery also established that a jury had found two aggravating circumstances contained in § 13A-5-49 rape and robbery. As §…”

McNabb v. State, 887 So. 2d 929 (Ala. Crim. App. 2003). · cites it 22× “) Although the trial court thoroughly addressed those statutory aggravating circumstances and statutory mitigating circumstances that it expressly found to exist, it did not make specific findings regarding the existence or nonexistence of the remainder of the statutory…”

Lewis v. State, 889 So. 2d 623 (Ala. Crim. App. 2003). · cites it 22× “"Under Alabama law, at least one aggravating circumstance under § 13A-5-49, Ala.Code 1975, must exist in order for a defendant convicted of a capital offense to be eligible for a sentence of death.”

Clark v. State, 896 So. 2d 584 (Ala. Crim. App. 2003). · cites it 23× “) The record reveals that in its sentencing order the trial court omitted certain written findings, as required by § 13A-5-47(d).”

Ex Parte Waldrop, 859 So. 2d 1181 (Ala. 2002). · cites it 16× “Code 1975,] § 13A-5-49'" (quoting Ex parte Woodard, 631 So.”

Minor v. State, 914 So. 2d 372 (Ala. Crim. App. 2004). · cites it 18× “"Under Alabama law, at least one aggravating circumstance under § 13A-5-49, Ala.Code 1975, must exist in order for a defendant convicted of a capital offense to be eligible for a sentence of *434 death.”

Stallworth v. State, 868 So. 2d 1128 (Ala. Crim. App. 2003). · cites it 13× “) The trial court failed to find that the aggravating circumstance, § 13A-5-49(1), "The capital offense was committed by a person under sentence of imprisonment" was present in both cases.”

Thomas v. State, 824 So. 2d 1 (Ala. Crim. App. 2001). · cites it 16× “) Next, the court read § 13A-5-48 (describing the process of weighing the aggravating and mitigating circumstances); § 13A-5-49 (listing the facts that " shall be " aggravating circumstances); [3] and § 13A-5-50 (allowing for *70 the aggravation component of the offense to be…”

Bush v. State, 695 So. 2d 70 (Ala. Crim. App. 1996). · cites it 15× “The aggravating circumstances enumerated in § 13A-5-49 that may lead to the imposition of the death penalty in a capital case are not elements of the offense and are not required to be set forth in the indictment.”

Hodges v. State, 856 So. 2d 875 (Ala. Crim. App. 2001). · cites it 15× “The sentencing order reads as follows: "Pursuant to the requirements of Code of Alabama Section 13A-5-47, the Court makes the following specific findings of fact relating to the aggravating circumstances set forth in Section 13A-5-49: "(1) The capital offense was not committed…”

Haney v. State, 603 So. 2d 368 (Ala. Crim. App. 1991). · cites it 15× “Thereafter, the trial court entered specific written findings concerning the existence or nonexistence of each aggravating circumstance listed in § 13A-5-49, and the existence or non-existence of any mitigating circumstance listed in § 13A-5-51 and S13A-5-52, as well as written…”

Ziegler v. State, 886 So. 2d 127 (Ala. Crim. App. 2003). · cites it 17× “" Although the trial court addressed those statutory aggravating circumstances and statutory mitigating circumstances that it expressly found to exist, it did not make specific findings regarding the existence or nonexistence of the remainder of the statutory aggravating and…”

Show all 371 citing cases →

— Ala. Code § 13A-5-49(1) — 46 cases

McNair v. State, 653 So. 2d 320 (Ala. Crim. App. 1992).

Stallworth v. State, 868 So. 2d 1128 (Ala. Crim. App. 2003). “) The trial court failed to find that the aggravating circumstance, § 13A-5-49(1), "The capital offense was committed by a person under sentence of imprisonment" was present in both cases.”

Lewis v. State, 889 So. 2d 623 (Ala. Crim. App. 2003). “"Under Alabama law, at least one aggravating circumstance under § 13A-5-49, Ala.Code 1975, must exist in order for a defendant convicted of a capital offense to be eligible for a sentence of death.”

McMillian v. State, 594 So. 2d 1253 (Ala. Crim. App. 1991).

Henderson v. State, 248 So. 3d 992 (Ala. Crim. App. 2017).

— Ala. Code § 13A-5-49(10) — 5 cases

Kenneth Eugene Billups v. State of Alabama., 72 So. 3d 122 (Ala. Crim. App. 2010).

Mills v. State, 62 So. 3d 553 (Ala. Crim. App. 2008).

Apicella v. State, 809 So. 2d 841 (Ala. Crim. App. 2000).

Largin v. State, 233 So. 3d 374 (Ala. Crim. App. 2015).

— Ala. Code § 13A-5-49(11) — 1 case

Jeremy T. Williams v. State of Alabama (Ala. Crim. App. 2026).

— Ala. Code § 13A-5-49(2) — 66 cases

Turner v. State, 924 So. 2d 737 (Ala. Crim. App. 2003). “We agree that in this case, the jury's verdict finding Turner guilty of two counts of capital murder murder during a rape and murder during a robbery also established that a jury had found two aggravating circumstances contained in § 13A-5-49 rape and robbery. As §…”

Bush v. State, 695 So. 2d 70 (Ala. Crim. App. 1996). “The aggravating circumstances enumerated in § 13A-5-49 that may lead to the imposition of the death penalty in a capital case are not elements of the offense and are not required to be set forth in the indictment.”

Perkins v. State, 808 So. 2d 1041 (Ala. Crim. App. 1999).

Minor v. State, 914 So. 2d 372 (Ala. Crim. App. 2004). “"Under Alabama law, at least one aggravating circumstance under § 13A-5-49, Ala.Code 1975, must exist in order for a defendant convicted of a capital offense to be eligible for a sentence of *434 death.”

— Ala. Code § 13A-5-49(3) — 34 cases

Borden v. Allen, 646 F.3d 785 (11th Cir. 2011).

McGahee v. State, 554 So. 2d 473 (Ala. 1989).

Wilson v. State, 777 So. 2d 856 (Ala. Crim. App. 1999).

Moody v. State, 888 So. 2d 532 (Ala. Crim. App. 2003).

McGriff v. State, 908 So. 2d 961 (Ala. Crim. App. 2001).

— Ala. Code § 13A-5-49(4) — 196 cases

Hodges v. State, 856 So. 2d 875 (Ala. Crim. App. 2001). “The sentencing order reads as follows: "Pursuant to the requirements of Code of Alabama Section 13A-5-47, the Court makes the following specific findings of fact relating to the aggravating circumstances set forth in Section 13A-5-49: "(1) The capital offense was not committed…”

Calhoun v. State, 932 So. 2d 923 (Ala. Crim. App. 2005).

Brown v. State, 11 So. 3d 866 (Ala. Crim. App. 2007).

Belisle v. State, 11 So. 3d 256 (Ala. Crim. App. 2007).

— Ala. Code § 13A-5-49(5) — 16 cases

McNabb v. State, 887 So. 2d 929 (Ala. Crim. App. 2003). “) Although the trial court thoroughly addressed those statutory aggravating circumstances and statutory mitigating circumstances that it expressly found to exist, it did not make specific findings regarding the existence or nonexistence of the remainder of the statutory…”

Henderson v. State, 248 So. 3d 992 (Ala. Crim. App. 2017).

Thompson v. State, 153 So. 3d 84 (Ala. Crim. App. 2012).

Spencer v. State, 58 So. 3d 215 (Ala. Crim. App. 2009).

Ex Parte McNabb, 887 So. 2d 998 (Ala. 2004).

— Ala. Code § 13A-5-49(6) — 20 cases

Haney v. State, 603 So. 2d 368 (Ala. Crim. App. 1991). “Thereafter, the trial court entered specific written findings concerning the existence or nonexistence of each aggravating circumstance listed in § 13A-5-49, and the existence or non-existence of any mitigating circumstance listed in § 13A-5-51 and S13A-5-52, as well as written…”

VanPelt v. State, 74 So. 3d 32 (Ala. Crim. App. 2009).

Young v. Commonwealth, 50 S.W.3d 148 (Ky. 2001).

Lam Luong v. State, 199 So. 3d 173 (Ala. Crim. App. 2016).

Griffin v. State, 790 So. 2d 267 (Ala. Crim. App. 2000).

— Ala. Code § 13A-5-49(7) — 19 cases

Henderson v. State, 248 So. 3d 992 (Ala. Crim. App. 2017).

Johnson v. State, 120 So. 3d 1130 (Ala. Crim. App. 2009).

Woodward v. State, 123 So. 3d 989 (Ala. Crim. App. 2011).

Thompson v. State, 153 So. 3d 84 (Ala. Crim. App. 2012).

— Ala. Code § 13A-5-49(8) — 140 cases

Clark v. State, 896 So. 2d 584 (Ala. Crim. App. 2003). “) The record reveals that in its sentencing order the trial court omitted certain written findings, as required by § 13A-5-47(d).”

Norris v. State, 793 So. 2d 847 (Ala. Crim. App. 1999).

Wilson v. State, 777 So. 2d 856 (Ala. Crim. App. 1999).

Brooks v. State, 973 So. 2d 380 (Ala. Crim. App. 2007).

— Ala. Code § 13A-5-49(9) — 44 cases

Spencer v. State, 58 So. 3d 215 (Ala. Crim. App. 2009).

Shaw v. State, 207 So. 3d 79 (Ala. Crim. App. 2014).

Mills v. State, 62 So. 3d 553 (Ala. Crim. App. 2008).

Sharifi v. State, 993 So. 2d 907 (Ala. Crim. App. 2008).

Thompson v. State, 153 So. 3d 84 (Ala. Crim. App. 2012).

— Ala. Code § 13A-5-49(a)(1) — 1 case

Knight v. State, 907 So. 2d 470 (Ala. Crim. App. 2005).

— Ala. Code § 13A-5-49(a)(14) — 1 case

State v. Dean, 940 So. 2d 1077 (Ala. Crim. App. 2006).

— Ala. Code § 13A-5-49(a)(4) — 4 cases

Hosch v. State, 155 So. 3d 1048 (Ala. Crim. App. 2013).

Revis v. State, 101 So. 3d 247 (Ala. Crim. App. 2011).

Jason Michael Osborn v. State of Alabama (Ala. Crim. App. 2026).

— Ala. Code § 13A-5-49(a)(8) — 2 cases

Kirksey v. State, 191 So. 3d 810 (Ala. Crim. App. 2014).

Christopher Matthew Henderson v. State of Alabama. (Appeal from Madison Circuit Court: CC-17-3064). (Ala. Crim. App. 2024).

— Ala. Code § 13A-5-49(a)(l) — 1 case

Baker v. State, 87 So. 3d 587 (Ala. Crim. App. 2009).

— Ala. Code § 13A-5-49(e) — 3 cases

Williams v. State, 710 So. 2d 1276 (Ala. Crim. App. 1996).

Russell v. State, 261 So. 3d 397 (Ala. Crim. App. 2015).

— Ala. Code § 13A-5-49(f) — 1 case

Smith v. State, 213 So. 3d 327 (Ala. Crim. App. 2011).

— Ala. Code § 13A-5-49(l) — 27 cases

Hosch v. State, 155 So. 3d 1048 (Ala. Crim. App. 2013).

Daniel v. Comm'r, Alabama Dep't of Corr., 822 F.3d 1248 (11th Cir. 2016).

Yancey v. State, 65 So. 3d 452 (Ala. Crim. App. 2009).

Wiggins v. State, 193 So. 3d 765 (Ala. Crim. App. 2014).

Woolf v. State, 220 So. 3d 338 (Ala. Crim. App. 2014).

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