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The penalty corresponding to a third-degree felony in the lower end of the range shall be imposed if abuse, as classified in this chapter, has been committed against the spouse, former spouse, or the person with whom he/she cohabits or has cohabited, or with whom he/she has or has previously had a consensual relationship, or with whom he/she shares a child in common, regardless of the sex, civil status, sexual orientation, gender identity, or immigrant status of the persons involved in the relationship, upon the existence of one or more of the following circumstances:(a) When entering the residence of the person or the place in which he/she is sheltered and the abuse is committed therein, in the case of spouses or cohabiters who are separated, or when there is a restraining order directing one of the persons to vacate the residence, regardless of the sex, civil status, sexual orientation, gender identity, or the immigrant status of the persons involved in the relationship; or(b) when grave bodily harm is inflicted on the person; or(c) when it is committed with a lethal weapon under circumstances that do not indicate the intention of killing or maiming; or(d) when committed in the

grave bodily harm is inflicted on the person; or(c) when it is committed with a lethal weapon under circumstances that do not indicate the intention of killing or maiming; or(d) when committed in the presence of minors; or(e) when it is committed after an order for protection or resolution has been issued against the person charged, in aid of the victim of abuse;(f) the person is induced, incited or forced to be drugged with controlled substances, or with any other substance or means that alters the will of the person, or to become intoxicated with alcoholic beverages; or(g) when child abuse as defined in §§ 444–450m of this title, is committed and simultaneously incurred.(h) If the victim is forced or induced by means of physical force or psychological abuse to participate or become involved in unwanted sexual relations with third parties.(i) When committed against a pregnant woman.(j) When committed against a person under sixteen (16) years of age and the aggressor is eighteen (18) years of age or older.The court may order restitution in addition to the term of imprisonment thus imposed.History—Aug. 15, 1989, No. 54, p. 199, § 3.2; Feb. 28, 1998, No. 46, § 1; Sept. 23, 2004, No.

ears of age or older.The court may order restitution in addition to the term of imprisonment thus imposed.History—Aug. 15, 1989, No. 54, p. 199, § 3.2; Feb. 28, 1998, No. 46, § 1; Sept. 23, 2004, No. 480, § 3; Dec. 28, 2005, No. 165, § 4; May 29, 2013, No. 23, § 5.