§ 1170.76. — 1170.76. (Amended by Stats. 2005, Ch. 279, Sec. 9.)

California § 1170.76.

• Jurisdiction: California
• Code PEN: Penal Code - PEN
• Title: 7.
• Part 2.: TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT
• Ch. 4.5.: CHAPTER 4.5. Trial Court Sentencing
• Art. 1.: ARTICLE 1. Initial Sentencing

Text

The fact that a defendant who commits or attempts to commit a violation of Section 243.4, 245, or 273.5 is or has been a member of the household of a minor or of the victim of the offense, or the defendant is a marital or blood relative of the minor or the victim, or the defendant or the victim is the natural parent, adoptive parent, stepparent, or foster parent of the minor, and the offense contemporaneously occurred in the presence of, or was witnessed by, the minor shall be considered a circumstance in aggravation of the crime in imposing a term under
subdivision (b) of Section 1170.

Legislative History

Amended by Stats. 2005, Ch. 279, Sec. 9. Effective January 1, 2006.