§706-606.4  Sentencing in offenses involving
abuse of a family or household member committed in the presence of a minor. 
(1)  In addition to the factors considered under section 706-606, the court
shall consider the following aggravating factors in determining the particular
sentence to be imposed:



(a) The defendant has been convicted of committing or
attempting to commit an offense involving abuse of a family or household
member;



(b) The defendant is or has been a family or
household member of either a minor referred to in paragraph (c) or the victim
of the offense; and



(c) The offense contemporaneously occurred in the
presence of a minor.



(2)  As used in this section:



"Family or household member" has the
same meaning as defined in section 709-906.



"In the presence of a minor" means in
the actual physical presence of a child or knowing that a child is present and
may hear or see the offense.



"Offense" means a violation of
section 707-710 (assault in the first degree), 707-711 (assault in the second degree),
707-730 (sexual assault in the first degree), 707-731 (sexual assault in the
second degree), 707-732 (sexual assault in the third degree), or 709-906 (abuse
of family or household members). [L 1999, c 268, §2; am L 2003, c 3, §16]



 



COMMENTARY ON §706-606.4



 



  Act 268, Session Laws 1999, added this section to require
judges, when imposing a sentence, to consider the fact that the crime was
committed in the presence of a minor as an aggravating factor of the crime; the
court shall consider the aggravating factors in addition to the factors to be
considered under §706-606.  The legislature found that children who witness
domestic violence are harmed in many ways, and acknowledged that domestic
violence is a perpetuation of a violent cycle, as children of abuse grow up to
be abusers themselves.  Studies have documented multiple problems among
children that have witnessed continual assaults by one parent on another in the
home, including psychological and emotional distress, cognitive functioning
problems, and physical problems.  Because of the high social and financial
costs resulting from domestic violence, the legislature agreed that more
serious penalties should be imposed for both their deterrent and punitive
effects.  Conference Committee Report No. 26.



  Act 3, Session Laws 2003, made a technical amendment to this
section, by deleting the brackets around the word "or" in the phrase
"abuse of family or household members".