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Legal Statutes: Arkansas

UPDATED September 15, 2017

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Subchapter 3. Domestic Battering and Assault

back to top5-26-304. 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 by means of a deadly weapon; 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 should have known was pregnant;

(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; or

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

(C) The person committed two (2) or more offenses of battery against a family or household member as defined by a law of this state or by an equivalent law of any other state or foreign jurisdiction within ten (10) years of the offense of domestic battering in the second degree.
Acts of 1979, Act 396, § 2; Acts of 1995, Act 1291, § 2; Acts of 1999, Act 1365, § 2, eff. July 30, 1999; Acts of 2001, Act 1553, § 9, eff. Aug. 13, 2001; Acts of 2003, Act 944, § 2, 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 2009, Act 194, § 2, eff. July 31, 2009; Acts of 2013, Act 417, § 2, eff. Aug. 16, 2013