(1) As used in this section: (a) "Cohabitant" has the same definition as in Section 78B-7-102 . (b) "Position of trust" includes the position of a spouse, parent, or cohabitant. (2) It is an aggravating factor that the actor occupied a position of trust in relation to the victim. (3) The Board of Pardons and Parole shall consider the aggravating factor in Subsection (2) in determining the length of imprisonment for an actor convicted of: (a) aggravated murder under Section 76-5-202 ; (b) murder under Section 76-5-203 ; (c) manslaughter under Section 76-5-205 ; or (d) aiding or encouraging suicide under Section 76-5-211 . (4) The sentencing court shall consider the aggravating factor in Subsection (2) in sentencing an actor convicted of: (a) manslaughter under Section 76-5-205 ; or (b) aiding or encouraging suicide under Section 76-5-211 .
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