76-3-203.9 - Violent offense committed in presence of a child -- Aggravating factor.
76-3-203.9. Violent offense committed in presence of a child -- Aggravating factor.
(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 of age; or
(ii) having knowledge that a child younger than 14 years of age is present and may see orhear a violent criminal offense.
(b) "Violent criminal offense" means any criminal offense involving violence or physicalharm or threat of violence or physical harm, or any attempt to commit a criminal offenseinvolving violence or physical harm.
(2) The sentencing judge or the Board of Pardons and Parole shall consider as anaggravating factor in their deliberations that the defendant committed the violent criminal offensein the presence of a child.
(3) The sentencing judge or the Board of Pardons and Parole shall also consider whetherthe penalty for the offense is already increased by other existing provisions of law.
(4) This section does not affect or limit any individual's constitutional right to the lawfulexpression of free speech or other recognized rights secured by the Constitution or laws of Utahor by the Constitution or laws of the United States.
(5) This section does not affect or restrict the exercise of judicial discretion under anyother provision of Utah law.
Enacted by Chapter 347, 2007 General Session