Section 348.1 — Criminal Code: Aggravating circumstance — home invasion

If a person is convicted of an offence under section 98 or 98.1, subsection 279(2) or section 343, 346 or 348 in relation to a dwelling-house, the court imposing the sentence on the person shall consider as an aggravating circumstance the fact that the dwelling-house was occupied at the time of the commission of the offence and that the person, in committing the offence, knew that or was reckless as to whether the dwelling-house was occupied; and used violence or threats of violence to a person or property.