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MACEWAN v. STATE2/28/1997
cted, § 13A-5-40(a)(15), Ala. Code 1975, is unconstitutional because it, she says, "creates an arbitrary classification which is not rationally related to a legislative purpose." MacEwan cites no authority to support her argument. The statute in question classifies as a capital offense a murder when the victim is less than 14 years of age. We find the argument to be without merit.
This Court, in Ex parte Woodard, 631 So.2d 1065 (Ala. Cr. App. 1993), cert. denied, 662 So.2d 929 (Ala.), cert. denied, 513 U.S. 869, 115 S.Ct. 190, 130 L.Ed.2d 123 (1994), has previously upheld the constitutionality of the statute in question against an identical challenge. In determining that § 13A-5-40(a)(15) was rationally related to the legislature's goal of providing special protection for those people who are at an age at which public policy has concluded they may not be responsible for their own acts (below age 14), this Court wrote:
" ' "Because the statute does not proscribe activities that are legally protected and does not involve any legally cognizable 'suspect' class, 'the classification [of child-murder] must be upheld if "any of the facts rationally justifying it is demonstrated to or perceived by the court." ' " ' "
Woodard, 631 So.2d at 1073, quoting Hardy v. State, 576 So.2d 685, 686 (Ala. Cr. App. 1991) (citations omitted).
Based on the above, we again hold that § 13A-5-40(a)(15) is not unconstitutionally arbitrary.
For the above stated reasons, the judgment of the trial court is due to be, and is hereby, affirmed.
AFFIRMED.
All the Judges concur.
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