CHAPTER 1100. GENERAL ADJUSTMENTS TO BASELINE SENTENCE
Section 1104 – Aggravation and Mitigation for Prior Criminal History
d) Mitigation for Aberrant Behavior. If an offender commits an offense

that:

(1) was committed without significant planning and was of

limited

duration, and

(2) represents a dramatic deviation from the normal behavior of

the

offender; and

(3) the offender has otherwise led a law-abiding life;

then the baseline sentence for all offenses with which the offender has been

charged shall be mitigated one or two levels, as the court finds to be just.

(e) Offenses as a Minor. In determining an offender’s criminal record, a

sentencing court shall consider felonies committed by the offender as a minor

of less than 18 years of age, but shall not consider misdemeanors committed

while a minor of less than 18 years of age.

(f) Offenses under the Prior Law. For the purposes of this Section, an

offense committed prior to the enactment of this code should be considered as a

“felony” or a “misdemeanor” according to Section 91 (Unclassified Offenses).

CHAPTER 1100. GENERAL ADJUSTMENTS TO BASELINE SENTENCE
Section 1106 – Mitigation for Public Expression of Genuine Remorse(a) Genuine Remorse. If an offender credibly and publicly

acknowledges guilt and expresses genuine remorse before trial, his baseline

sentence shall be mitigated two levels. An offender cannot receive a mitigation

under this subsection unless he has pled guilty before trial.

(b) Guilty Plea. If an offender pleads guilty before trial but does not

otherwise satisfy the requirements of subsection (a), his baseline sentence shall

be mitigated one level.

Section 1107 – Mitigation for Substantial Cooperation with Authorities

(a) Cooperation. If an offender commits an offense and then provides

substantial cooperation as to the capture or prosecution of other offenders with

law enforcement authorities, the government may move for the mitigation of

the offender’s sentence by one level, two levels, or three levels.

(b) Governmental Discretion. The sentencing court must grant the

motion for mitigation sought by the government. The sentencing court may

not, in the absence of a motion by the government, seek to mitigate a sentence

on the grounds of substantial cooperation.

Section 1108 – Mitigation for Imperfect Justification

If at the time of the offense the offender believes that his conduct is

justified by a justification defense defined in Chapter 40, the baseline sentence

shall be mitigated:

(a) one level, or

(b) two levels if the offense and offender’s conditions and circumstances

came close to providing a complete justification defense.

Section 1109 – Mitigation for Partial Excuse

Mitigation of sentence due to a Partial Excuse. If at the time of the

offense the offender satisfied a substantial portion of the requirements of an

excuse defense under Chapter 50, the baseline sentence shall be mitigated:

(a) one level, or

(b) two levels if the offense and offender’s conditions and circumstances

came close to providing a complete excuse defense.

Section 1110 – Mitigation for Extreme Emotional Distress

(a) Mitigation of sentence due to extreme emotional and mental distress.

If at the time of the offense the offender acted under the following ways, then

the baseline sentence shall be mitigated as per subsection (b) of this clause.

(1) under the influence of extreme mental or emotional

disturbance,

(2) for which there is a reasonable explanation, the

reasonableness of which is to be determined from the viewpoint of a

person in the defendant’s situation under the circumstances as the

defendant believes them to be,

(b)

(1) one level, or

(2) two levels, if the extreme mental or emotional disturbanceseverely impaired the capacity of the offender to control his actions or to

comprehend the meaning of his actions.