eLaws of Florida

  SECTION 921.1401. Sentence of life imprisonment for persons who are under the age of 18 years at the time of the offense; sentencing proceedings.  


Latest version.
  • 1(1) 2Upon conviction or adjudication of guilt of an offense described in s. 14775.082(1)(b), 15s. 16775.082(3)(a)517., s. 19775.082(3)(b)220., or s. 23775.082(3)(c) 24which was committed on or after July 1, 2014, the court may conduct a separate sentencing hearing to determine if a term of imprisonment for life or a term of years equal to life imprisonment is an appropriate sentence.
    63(2) 64In determining whether life imprisonment or a term of years equal to life imprisonment is an appropriate sentence, the court shall consider factors relevant to the offense and the defendant’s youth and attendant circumstances, including, but not limited to:
    103(a) 104The nature and circumstances of the offense committed by the defendant.
    115(b) 116The effect of the crime on the victim’s family and on the community.
    129(c) 130The defendant’s age, maturity, intellectual capacity, and mental and emotional health at the time of the offense.
    147(d) 148The defendant’s background, including his or her family, home, and community environment.
    160(e) 161The effect, if any, of immaturity, impetuosity, or failure to appreciate risks and consequences on the defendant’s participation in the offense.
    182(f) 183The extent of the defendant’s participation in the offense.
    192(g) 193The effect, if any, of familial pressure or peer pressure on the defendant’s actions.
    207(h) 208The nature and extent of the defendant’s prior criminal history.
    218(i) 219The effect, if any, of characteristics attributable to the defendant’s youth on the defendant’s judgment.
    234(j) 235The possibility of rehabilitating the defendant.
History.-s. 2, ch. 2014-220.

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