AN ACT TO MAKE IT AN AGGRAVATING FACTOR TO COMMIT A VIOLENT FELONY THAT A DEFENDANT REASONABLY SHOULD KNOW IS BEING WITNESSED BY A CHILD WHO IS LESS THAN SIXTEEN YEARS OLD AND TO PROVIDE THAT THE INCREASED PENALTY FOR A MISDEMEANOR ASSAULT COMMITTED IN THE PRESENCE OF A MINOR MAY BE IMPOSED WHEN THE MINOR WAS IN A POSITION TO SEE OR HEAR THE COMMISSION OF THE MISDEMEANOR OFFENSE.
Identical to H 167, filed 3/5/15.
Amends GS 15A-1340.16 to add to the list of aggravating factors that can be considered in determining whether to impose an aggravated sentence, that it is an aggravating factor when a defendant commits a violent offense and knows or reasonably should know that a person under the age of 16 who was not involved in the commission of the offense was in a position to see or hear the offense.
Amends the definition of in the presence of a minor as used in GS 14-33(d), concerning misdemeanor assault in the presence of a minor to mean that the minor was in a position to see or hear the assault (was, minor was in the position to have observed the assault).
Effective December 1, 2015, applying to offenses committed on or after that date.
© 2021 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.