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Legal Statutes: Arkansas

UPDATED September 15, 2017

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Subchapter 3. Domestic Battering and Assault

back to top5-26-303. 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 as defined by the laws of this state or by the equivalent laws of any other state or foreign jurisdiction; or

(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.

(b)(1) Domestic battering in the first degree is a Class B felony.

(2) However, domestic battering in the first degree is a Class A felony upon a conviction under subsection (a) of this section if:

(A) Committed against a woman the person knew or 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 first degree:

(i) Domestic battering in the first degree;

(ii) Domestic battering in the second degree, § 5-26-304;

(iii) Domestic battering in the third degree, § 5-26-305; or

(iv) A violation of an equivalent penal law of this state or of another state or foreign jurisdiction.

Acts of 1979, Act 396, § 1; Acts of 1995, Act 1291, § 1; Acts of 1999, Act 1317, § 2, eff. July 30, 1999; Acts of 1999, Act 1365, § 1, eff. July 30, 1999; Acts of 2001, Act 1553, § 8, eff. Aug. 13, 2001; Acts of 2003, Act 944, § 1, eff. July 16, 2003; Acts of 2003, Act 1079, § 1, eff. July 16, 2003; Acts of 2005, Act 1994, § 481, eff. Aug. 12, 2005; Acts of 2007, Act 671, § 1, eff. July 31, 2007; Acts of 2009, Act 194, § 1, eff. July 31, 2009; Acts of 2009, Act 748, § 16, eff. July 31, 2009; Acts of 2011, Act 1120, § 7, eff. July 27, 2011; Acts of 2013, Act 417, § 1, eff. Aug. 16, 2013; Acts of 2017, Act 301, § 1, eff. Aug. 1, 2017.