[§706-606.4] Sentencing in offenses involving abuse of a family or household member committed in the presence of a minor. (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 involving abuse of a family or household member;

(b) The defendant is or has been a family or household member of either a minor referred to in paragraph (c) or the victim of the offense; and

(c) The offense contemporaneously occurred in the presence of a minor.

(2) As used in this section:

"Family or household member" has the same meaning as defined in section 709-906.

"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), or 709-906 (abuse of family [or] household members). [L 1999, c 268, §2]