46.3513 Death penalty-Life imprisonment.

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Persons convicted of the offense of murder in the 1st degree shall, if the judge or jury so recommends after complying with the provisions of 46.3510 through 46.3512 and 46.3514, be punished by death. If the judge or jury does not recommend the imposition of the death penalty on a finding of guilty of murder in the 1st degree, the convicted person is punished by imprisonment by the corrections division for life and is not to be eligible for probation or parole until he has served a minimum of 40 years of his sentence.

History: 1979, PL 16-43 § 2.

Research Guide: MCC 565 .008, 15 ASC 541