California · Penal Code

PEN §1170.76: The fact that a defendant who commits or attempts to commit a violation of Section 243.

Civil

What this law says, in plain English

This statute establishes sentencing factors that a court must consider as aggravating circumstances when certain domestic violence or child abuse offenses occur in the presence of a minor.

Read the full statutory 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.

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