(1) In addition to the factors considered under § 706-606, the court shall consider the following aggravating factors in determining the particular sentence to be imposed:

criminal case

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Terms Used In Hawaii Revised Statutes 706-606.4

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
(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 § 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).

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