NC H167

Adds a new aggravating factor under sentencing guidelines making it an aggravation if a defendant committed a violent felony knowing or reasonably should have known a person under age 16 (not involved in the offense) was in a position to see or hear the crime.

Modifies the definition of "in the presence of a minor" in assault statutes from "have observed" to "see or hear" to expand when the aggravated charge can apply.

Applies to Class A1 misdemeanor assault and battery committed in the presence of a minor against a person with whom the defendant has a personal relationship, expanding when enhanced penalties may be imposed.

Requires supervised probation for anyone convicted under this subsection receiving a community punishment, with a mandatory minimum of 30 days active incarceration for second or subsequent violations.

Becomes effective December 1, 2015, and applies only to offenses committed on or after that date.