The following facts concerning the convict and the commission of the crime are considered to be mitigating circumstances for purposes of the punishment:
(a) The causes for criminal accountability exclusion when all its requirements for exemption do not concur.
(b) The convict does not have a criminal record.
(c) The convict observed good conduct prior to the crime and has a satisfactory reputation in the community.
(d) The young or advanced age of the convict.
(e) The mental and physical condition of the convict.
(f) The convict accepted his accountability at some phase of the criminal prosecution.
(g) The convict cooperated voluntarily in the clearing up of the crime committed by him/her and others.
(h) The convict compensated the victim for the damages caused or lessened the effect of the damages caused.
(i) The convict tried to avoid causing damages to the person or property.
(j) The victim provoked the act or the act was produced due to the victim’s carelessness.
(k) The convict was abetted by others into participating in the incident.
(l) The convict committed the crime due to causes or stimuli so overpowering that they produced fury, obstinacy or another similar emotional state of mind.
(m) The participation of the convict was not by itself a determining factor in the damage or danger caused the criminal act.
(n) The damage caused to the victim or property was minimal.
History —June 18, 2004, No. 149, § 71, eff. May 1, 2005.