§ 5-4-702 - Enhanced penalties for offenses committed in presence of a child.
               	 		
5-4-702.    Enhanced penalties for offenses committed in presence of a child.
    (a)  Any  person who commits a felony offense involving homicide,    5-10-101 --     5-10-103, assault or battery,    5-13-201 et seq., or domestic battering  or assault on a family member or household member,    5-26-303 --  5-26-309, may be subject to an enhanced sentence of an additional term  of imprisonment of not less than one (1) year and not greater than ten  (10) years if the offense is committed in the presence of a child.
(b)  Any  person who commits the offense of aggravated cruelty to a dog, cat, or  horse under    5-62-104 may be subject to an enhanced sentence of an  additional term of imprisonment not to exceed five (5) years if the  offense is committed in the presence of a child.
(c)     (1)   To  seek an enhanced penalty established in this section, a prosecuting  attorney shall notify the defendant in writing that the defendant is  subject to the enhanced penalty.
      (2)  If  the defendant is charged by information or indictment, the prosecuting  attorney may include the written notice in the information or  indictment.
(d)  The enhanced portion of the sentence is consecutive to any other sentence imposed.
(e)  Any  person convicted under this section is not eligible for early release  on parole or community correction transfer for the enhanced portion of  the sentence.