A BILL TO BE ENTITLED
AN ACT to create the criminal offense of assault in the presence of a child.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 14‑33(c) is amended by adding a new subdivision to read:
"(c)	Unless the conduct is covered under some other provision of law providing greater punishment, any person who commits any assault, assault and battery, or affray is guilty of a Class A1 misdemeanor if, in the course of the assault, assault and battery, or affray, he or she:
…
(7)	Commits an assault with a deadly weapon or an assault that inflicts serious injury on a person with whom he or she has a personal relationship in the presence of a minor who is residing with or in the custody of the person assaulted. The following definitions shall apply in this subdivision:
a.	"In the presence of a minor" means:
1.	In the physical presence of the minor; or
2.	Having knowledge that a child is present and may see or hear the offense.
b.	"Minor" is as defined in G.S. 48A-2.
c.	"Personal relationship" is as defined in G.S. 50B-1(b)."
SECTION 2.  This act becomes effective December 1, 2003, and applies to offenses committed on or after that date.