§ 5-26-303 — Domestic battering in the first degree

(a) A person commits domestic battering in the first degree if: (1) With the purpose of causing serious physical injury to a family or household member, the person causes serious physical injury to a family or household member by means of a deadly weapon; (2) With the purpose of seriously and permanently disfiguring a family or household member or of destroying, amputating, or permanently disabling a member or organ of a family or household member's body, the person causes such an injury to a family or household member; (3) The person causes serious physical injury to a family or household member under circumstances manifesting extreme indifference to the value of human life; (4) The person knowingly causes serious physical injury to a family or household member he or she knows to be sixty (60) years of age or older or twelve (12) years of age or younger; (5) The person: (A) Commits any act of domestic battering as defined in § 5-26-304 or § 5-26-305 ; and (B) For conduct that occurred within the ten (10) years preceding the commission of the current offense, the person has on two (2) previous occasions been convicted of any act of battery against a family or household member or aggravated assault on a family or household member, as defined by the laws of this state or by the equivalent laws of any other state or foreign jurisdiction; (6) With the purpose of causing physical injury to a family or household member, the person causes physical injury to a family or household member by means of a firearm; or (7) The person knowingly causes serious physical injury to a family or household member who is four (4) years of age or younger under circumstances manifesting extreme indifference to the value of human life. (b) (1) Domestic battering in the first degree is a Class B felony. (2) However, domestic battering in the first degree is a: (A) Class Y felony under subdivision (a)(2) or subdivision (a)(7) of this section; or (B) Class A felony under subsection (a) of this section if: (i) Committed against a woman the person knew or reasonably should have known was pregnant; or (ii) The person committed one (1) or more of the following offenses within five (5) years of the offense of domestic battering in the first degree: (a) Domestic battering in the first degree; (b) Domestic battering in the second degree, § 5-26-304 ; (c) Domestic battering in the third degree, § 5-26-305 ; (d) Aggravated assault on a family or household member, § 5-26-306 ; or (e) A violation of an equivalent penal law of this state or of another state or foreign jurisdiction.

Legislative History

Amended by Act 2023, No. 849,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 849,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 736,§ 5, eff. 8/1/2023. Amended by Act 2019, No. 498,§ 2, eff. 7/24/2019. Amended by Act 2017, No. 301,§ 1, eff. 8/1/2017. Amended by Act 2013, No. 417,§ 1, eff. 8/16/2013. Acts 1979, No. 396, § 1; A.S.A. 1947, § 41-1653; Acts 1995, No. 1291, § 1; 1999, No. 1317, § 2; 1999, No. 1365, § 1; 2001, No. 1553, § 8; 2003, No. 944, § 1; 2003, No. 1079, § 1; 2005, No. 1994, § 481; 2007, No. 671, § 1; 2009, No. 194, § 1; 2009, No. 748, § 16; 2011, No. 1120, § 7.