PENNSYLVANIA, November 9 - the Commonwealth beyond a reasonable doubt and mitigating

circumstances must be proved by the defendant by a

preponderance of the evidence.

(iv) The verdict must be a sentence of death if the

jury unanimously finds at least one aggravating

circumstance specified in subsection (d) and no

mitigating circumstance or if the jury unanimously finds

one or more aggravating circumstances which outweigh any

mitigating circumstances. The verdict must be a sentence

of life imprisonment in all other cases.

(v) The court may, in its discretion, discharge the

jury if it is of the opinion that further deliberation

will not result in a unanimous agreement as to the

sentence, in which case the court shall sentence the

defendant to life imprisonment.

(2) The court shall instruct the jury that if it finds

at least one aggravating circumstance and at least one

mitigating circumstance, it shall consider, in weighing the

aggravating and mitigating circumstances, any evidence

presented about the victim and about the impact of the

trafficking of the victim on the victim's family. The court

shall also instruct the jury on any other matter that may be

just and proper under the circumstances.

(d) Aggravating circumstances.--Aggravating circumstances

shall be limited to the following:

(1) The defendant paid or was paid by another person or

had contracted to pay or be paid by another person or had

conspired to pay or be paid by another person for the

trafficking of the victim.

(2) In the commission of the offense the defendant

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