76-3-203.10. Violent offense committed in presence of a child -- Penalties.
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Effective 5/4/2022
76-3-203.10. Violent offense committed in presence of a child -- Penalties.
(1)As used in this section:
(a)"In the presence of a child" means:
(i)in the physical presence of a child younger than 14 years old; and
(ii)having knowledge that the child is present and may see or hear the commission of a violent criminal offense.
(b)"Violent criminal offense" means any criminal offense involving violence or physical harm or threat of violence or physical harm, or any attempt to commit a criminal offense involving violence or physical harm that is not a domestic violence offense as defined in Section 77-36-1 .
(2)A person commits a violent criminal offense in the presence of a child if the person:
(a)commits or attempts to commit criminal homicide, as defined in Section 76-5-201 , against a third party in the presence of a child;
(b)intentionally causes or attempts to cause serious bodily injury to a third party or uses a dangerous weapon, as defined in Section 76-1-101.5 , or other means or force likely to produce death or serious bodily injury, against a third party in the presence of a child; or
(c)under circumstances not amounting to a violation of Subsection (2)(a) or
(b), commits a violent criminal offense in the presence of a child.
(3)A person who violates Subsection
(2)is guilty of a class B misdemeanor.
Amended by Chapter 181 , 2022 General Session