§ 5-4-702 — Enhanced penalties for offenses committed in presence of a child

(a) A person who commits any of the following offenses may be subject to an enhanced sentence of an additional term of imprisonment of not less than one (1) year and not greater than ten (10) years if the offense is committed in the presence of a child: (1) Capital murder, § 5-10-101 ; (2) Murder in the first degree, § 5-10-102 ; (3) Murder in the second degree, § 5-10-103 ; (4) Aggravated robbery, § 5-12-103 ; (5) A felony offense of assault or battery under § 5-13-201 et seq.; (6) Rape, § 5-14-103 ; (7) Sexual assault in the second degree, § 5-14-125 ; (8) A felony offense of domestic battering or assault on a family or household member under §§ 5-26-303 - 5-26-309 ; (9) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ; or (10) Terroristic act, § 5-13-310 . (b) Any person who commits the offense of aggravated cruelty to a dog, cat, or equine under § 5-62-104 may be subject to an enhanced sentence of an additional term of imprisonment not to exceed five (5) years if the offense is committed in the presence of a child. (c) (1) To seek an enhanced penalty established in this section, a prosecuting attorney shall notify the defendant in writing that the defendant is subject to the enhanced penalty. (2) If the defendant is charged by information or indictment, the prosecuting attorney may include the written notice in the information or indictment. (d) The enhanced portion of the sentence is consecutive to any other sentence imposed. (e) Any person convicted under this section is not eligible for early release on parole, transfer to post-release supervision, or community correction transfer for the enhanced portion of the sentence.

Legislative History

Amended by Act 2023, No. 659,§ 20, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 19, eff. 1/1/2024. Amended by Act 2019, No. 324,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 389,§ 1, eff. 8/1/2017. Acts 2001, No. 1707, § 2; 2007, No. 1047, § 1; 2009, No. 33, § 1; 2009, No. 936, § 1.