76-3-203.10. Violent offense committed in presence of a child -- Penalties.
(1) As used in this section: "In the presence of a child" means: in the physical presence of a child younger than 14 years old; and having knowledge that the child is present and may see or hear the commission of a violent criminal offense. "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: commits or attempts to commit criminal homicide, as defined in Section, against a third party in the presence of a child; 76-5-201 intentionally causes or attempts to cause serious bodily injury to a third party or uses a dangerous weapon, as defined in Section, or other means or force likely to produce death or serious bodily injury, against a third party in the presence of a child; or 76-1-101.5 under circumstances not amounting to a violation of Subsectionor, commits a violent criminal offense in the presence of a child. (2)(a) (b)
(3) A person who violates Subsectionis guilty of a class B misdemeanor. (2)