COMMENTARY ON §706-660.2

Act 89, Session Laws 1988, added this section to mandate harsher penalties for crimes against victims who are less able to protect themselves. The legislature found that passage of this section will afford a greater measure of protection for the groups designated in this section. House Standing Committee Report No. 459-88, Senate Standing Committee Report No. 2544.

Case Notes

No error in sentence of life imprisonment with a mandatory minimum term of fifteen years for attempted second degree murder of infant by abandonment where defendant left infant in danger of death by reason of exposure or accident. 73 H. 109, 831 P.2d 512.

Determination that a defendant is within the class of offenders to which this section applies to be made by sentencing court after defendant's adjudication of guilt at trial by the trier of fact. 82 H. 304, 922 P.2d 358.

As defendant could only be sentenced under the options available for the offense for which defendant was convicted, defendant had only pled guilty to and was convicted of the offense of assault in the first degree, and plea was devoid of reference to all necessary aggravating circumstances, trial court erred in resentencing defendant to an indeterminate ten-year sentence with a mandatory minimum term of three years and four months under this section. 93 H. 189 (App.), 998 P.2d 70.

Where aggravating circumstance of complainant's age was not set forth in the plea agreement or admitted or stipulated to as part of the guilty plea, there was an insufficient factual basis in the accepted guilty plea to support the mandatory prison term under this section. 93 H. 189 (App.), 998 P.2d 70.