Sentencing for offenses involving domestic violence in the presence of a minor

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(a) Sentencing enhancement.--The Pennsylvania Commission on Sentencing, in accordance with section 2154 (relating to adoption of guidelines for sentencing), shall provide for a sentence enhancement within its guidelines for an offense under 18 Pa.C.S. § 2701 (relating to simple assault) or 2702 (relating to aggravated assault), specifying variations from the range of sentences applicable based on such aggravating circumstances as the assault was committed against a family or household member and the defendant knew the crime was witnessed, either through sight or sound, by a minor who is also a family or household member of the defendant or the victim.

(b) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Family or household member." The term shall have the same meaning as "family or household members" under 23 Pa.C.S. § 6102 (relating to definitions).

(Oct. 24, 2018, P.L.1145, No.157, eff. 60 days)

2018 Amendment. Act 157 added section 9720.8.


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