Violent offense committed in presence of a child -- Penalties

(1) As used in this section: (a) "In the presence of a child" means: (i) in the physical presence of a child younger than 14 years old; and (ii) having knowledge that the child is present and may see or hear the commission of a violent criminal offense. (b) "Violent criminal offense" means any criminal offense involving violence or physical harm or threat of violence or physical harm, or any attempt to commit a criminal offense involving violence or physical harm that is not a domestic violence offense as defined in Section 77-36-1. (2) A person commits a violent criminal offense in the presence of a child if the person: (a) commits or attempts to commit criminal homicide, as defined in Section 76-5-201, against a third party in the presence of a child; (b) intentionally causes or attempts to cause serious bodily injury to a third party or uses a dangerous weapon, as defined in Section 76-1-101.5, or other means or force likely to produce death or serious bodily injury, against a third party in the presence of a child; or (c) under circumstances not amounting to a violation of Subsection (2)(a) or (b), commits a violent criminal offense in the presence of a child. (3) A person who violates Subsection (2) is guilty of a class B misdemeanor.