The person commits murder and the victim is a police officer or fireman or intentionally commits murder while committing kidnapping, burglary, robbery, aggravated sexual assault, arson, retaliation, terroristic threat or murder for remuneration or employs another to commit murder for remuneration or murders more than one person during the same criminal transaction or in the pursuit of the same scheme or course of conduct or if the person murders a child under six years of age.
A defendant found guilty of capital murder in which the state seeks the death penalty shall be punished by imprisonment for life without parole or by death. A defendant found guilty of capital murder in which the state does not seek the death penalty shall be imprisoned for life without parole.
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