The following constitutes first-degree murder with aggravating circumstances, which is the only capital crime in Indiana. #The murder was especially heinous, atrocious, cruel or depraved (or involved torture) #The capital offense was committed during the commission of, attempt of, or escape from a specified felony (kidnapping, rape, sodomy, arson, oral copulation, train wrecking, carjacking, criminal gang activity, drug dealing, or aircraft piracy). #The murder was committed from a motor vehicle or near a motor vehicle that transported the defendant. #The murder was committed by intentionally discharging a firearm into an inhabited dwelling.
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On December 11, 2001, Moussaoui was indicted by a federal grand jury in United States District Court for the Eastern District of Virginia on six felony charges: conspiracy to commit acts of terrorism transcending national boundaries, conspiracy to commit aircraft piracy, conspiracy to destroy aircraft, conspiracy to use weapons of mass destruction, conspiracy to murder United States employees, and conspiracy to destroy property.UNITED STATES OF AMERICA v. ZACARIAS MOUSSAOUI - Indictment. United States District Court for the Eastern District of Virginia Alexandria Division, United States Department of Justice, December 2001. Retrieved on 2007-01-03.
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Zacarias Moussaoui was in jail in Minnesota when the September 11 attacks unfolded. On December 11, 2001, Moussaoui was indicted by a federal grand jury in United States District Court for the Eastern District of Virginia on six federal charges: conspiracy to commit acts of terrorism transcending national boundaries, conspiracy to commit aircraft piracy, conspiracy to destroy aircraft, conspiracy to use weapons of mass destruction, conspiracy to murder United States employees, and conspiracy to destroy property.UNITED STATES OF AMERICA v. ZACARIAS MOUSSAOUI - Indictment. United States District Court for the Eastern District of Virginia Alexandria Division, United States Department of Justice, December 2001. Retrieved on 2007-01-03.
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On August 16, 2001, Moussaoui was arrested in Minnesota by the FBI and charged with an immigration violation. He aroused suspicion while taking flight training courses in Eagan, Minnesota. On December 11, 2001, Moussaoui was indicted by a federal grand jury in United States District Court for the Eastern District of Virginia on six felony charges: conspiracy to commit acts of terrorism transcending national boundaries, conspiracy to commit aircraft piracy, conspiracy to destroy aircraft, conspiracy to use weapons of mass destruction, conspiracy to murder United States employees, and conspiracy to destroy property. Moussaoui was alleged by federal prosecutors to have been a replacement for the "first" 20th hijacker, possibly Ramzi bin al-Shibh.
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Aircraft hijacking (also known as airplane hijacking, skyjacking, plane hijacking, plane jacking, air robbery, air piracy, or aircraft piracy, with the latter term being used within the special aircraft jurisdiction of the United States), or simply hijacking, is the unlawful seizure of an aircraft by an individual or a group. Dating from the earliest of hijackings, most cases involve the pilot being forced to fly according to the hijacker's demands. However, in rare cases, the hijackers have flown the aircraft themselves and used them in suicide attacks; most notably in the September 11 attacks, and in several cases, planes have been hijacked by the official pilot or co-pilot. Unlike carjacking or sea piracy, an aircraft hijacking is not usually committed for robbery or theft.
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First degree-murder is punishable by death if it involves one of the following aggravating factors: #The murder was committed by a person confined in a jail or correctional facility, on parole or on probation for a felony, after escaping detention or incarceration, or released on bail pending appeal of his conviction. #The defendant was previously convicted of another murder in the first degree or a felony involving the use or threat of violence to the person. #The defendant knowingly created a great risk of death to two or more persons. #The murder was committed while the defendant was engaged, or was an accomplice, in the commission of, or an attempt to commit, or flight after committing or attempting to commit, any aircraft piracy or the unlawful throwing, placing or discharging of a destructive device or bomb.
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Second-degree felonies are punishable by a maximum of 15 years' imprisonment ordinarily, a maximum of 30 years for a habitual felony offender, or 30 to 40 years for a violent career criminal. The nineteen enumerated categories of felonies falling under first-degree murder rather than third- degree murder are drug trafficking; arson; sexual battery; robbery; burglary; kidnapping; prison escape; aggravated child abuse; aggravated abuse of an elderly person or disabled adult; aircraft piracy; unlawful distribution of cocaine, opium, or other controlled substances when such drug is proven to be the proximate cause of the death of the user; carjacking; home-invasion robbery; aggravated stalking; murder of another human being; unlawful throwing, placing, or discharging of a destructive device or bomb; aggravated fleeing or eluding with serious bodily injury or death; resisting an officer with violence to his or her person; or terrorism or an act in furtherance of terrorism.
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