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Current as of January 01, 2025 | Updated by Findlaw Staff
(1) In addition to the factors considered under section 706-606, the court shall consider the following aggravating factors in determining the particular sentence to be imposed:
(a) The defendant has been convicted of committing or attempting to commit an offense; and
(b) The offense contemporaneously occurred in the presence of a minor.
(2) As used in this section:
“In the presence of a minor” means in the actual physical presence of a child or knowing that a child is present and may hear or see the offense.
“Offense” means a violation of section 707-710 (assault in the first degree), 707-711 (assault in the second degree), 707-730 (sexual assault in the first degree), 707-731 (sexual assault in the second degree), 707-732 (sexual assault in the third degree), 709-906 (abuse of family or household members), or 711-1109.8 (sexual assault of an animal).
Cite this article: FindLaw.com - Hawaii Revised Statutes Division 5. Crimes and Criminal Proceedings § 706-606.4 - last updated January 01, 2025 | https://codes.findlaw.com/hi/division-5-crimes-and-criminal-proceedings/hi-rev-st-sect-706-606-4/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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