§ 16-25-65 — Domestic violence of a high and aggravated nature; elements; penalty; statutory offense.

(A) A person who violates Section 16-25-20(A) is guilty of the offense of domestic violence of a high and aggravated nature when one of the following occurs. The person: (1) commits the offense under circumstances manifesting extreme indifference to the value of human life and great bodily injury to the victim results; (2) commits the offense, with or without an accompanying battery and under circumstances manifesting extreme indifference to the value of human life, and would reasonably cause a person to fear imminent great bodily injury or death; or (3) violates a protection order and, in the process of violating the order, commits domestic violence in the first degree. (B) A person who violates subsection (A) is guilty of a felony and, upon conviction, must be imprisoned for not more than twenty years. (C) The provisions of subsection (A) create a statutory offense of domestic violence of a high and aggravated nature and must not be construed to codify the common law crime of assault and battery of a high and aggravated nature. (D) Circumstances manifesting extreme indifference to the value of human life include, but are not limited to, the following: (1) using a deadly weapon; (2) knowingly and intentionally impeding the normal breathing or circulation of the blood of a household member by applying pressure to the throat or neck or by obstructing the nose or mouth of a household member and thereby causing stupor or loss of consciousness for any period of time; (3) committing the offense in the presence of a minor; (4) committing the offense against a person he knew, or should have known, to be pregnant; (5) committing the offense during the commission of a robbery, burglary, kidnapping, or theft; or (6) using physical force against another to block that person's access to any cell phone, telephone, or electronic communication device with the purpose of preventing, obstructing, or interfering with: (a) the report of any criminal offense, bodily injury, or property damage to a law enforcement agency; or (b) a request for an ambulance or emergency medical assistance to any law enforcement agency or emergency medical provider.

Legislative History

HISTORY: 1994 Act No. 519, SECTION 1; 2003 Act No. 92, SECTION 3, eff January 1, 2004; 2005 Act No. 166, SECTION 3, eff January 1, 2006; 2015 Act No. 58 (S.3), Pt II, SECTION 5, eff June 4, 2015. Editor's Note 2010 Act No. 273, SECTION 7.C, provides: "Wherever in the 1976 Code of Laws reference is made to the common law offense of assault and battery of a high and aggravated nature, it means assault and battery with intent to kill, as contained in repealed Section 16-3-620, and, except for references in Section 16-1-60 and Section 17-25-45, wherever in the 1976 Code reference is made to assault and battery with intent to kill, it means attempted murder as defined in Section 16-3-29." Effect of Amendment 2015 Act No. 58, SECTION 5, rewrote (A) and (B); in (C), deleted "criminal" before "domestic violence"; and added (D).