§ 5-26-304 — Domestic battering in the second degree

(a) A person commits domestic battering in the second degree if: (1) With the purpose of causing physical injury to a family or household member, the person causes serious physical injury to a family or household member; (2) 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 deadly weapon; (3) The person recklessly causes serious physical injury to a family or household member: (A) By means of a deadly weapon; or (B) Who is four (4) years of age or younger; or (4) The person knowingly causes 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. (b) (1) Domestic battering in the second degree is a Class C felony. (2) However, domestic battering in the second degree is a Class B felony if: (A) Committed against a woman the person knew or reasonably should have known was pregnant; or (B) The person committed one (1) or more of the following offenses within five (5) years of the offense of domestic battering in the second degree: (i) Domestic battering in the first degree, § 5-26-303 ; (ii) Domestic battering in the second degree; (iii) Domestic battering in the third degree, § 5-26-305 ; (iv) Aggravated assault on a family or household member, § 5-26-306 ; or (v) 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,§ 3, eff. 8/1/2023. Amended by Act 2023, No. 736,§ 6, eff. 8/1/2023. Amended by Act 2021, No. 1086,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 512,§ 2, eff. 7/28/2021. Amended by Act 2013, No. 417,§ 2, eff. 8/16/2013. Acts 1979, No. 396, § 2; A.S.A. 1947, § 41-1654; Acts 1995, No. 1291, § 2; 1999, No. 1365, § 2; 2001, No. 1553, § 9; 2003, No. 944, § 2; 2003, No. 1079, § 1; 2005, No. 1994, § 481; 2009, No. 194, § 2.