Section 76-3-406.5 - Aggravating factors in imprisonment for certain criminal homicide cases(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 person 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 a person convicted of: (a) aggravated murder under Section 76-5-202;(b) murder under Section 76-5-203; or(c) manslaughter under Section 76-5-205.(4) The sentencing court shall consider the aggravating factor in Subsection (2) in sentencing a person convicted of manslaughter under Section 76-5-205.Amended by Chapter 3, 2008 General Session .