Domestic battering in the second degree

1. Law
2. Arkansas Code
3. Criminal Offenses
4. Offenses Involving Families, Dependents, Etc.
5. Offenses Involving the Family
6. Domestic Battering and Assault
7. Domestic battering in the second degree

1. (a) A person commits domestic battering in the second degree if:

   1. (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. (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. (3) The person recklessly causes serious physical injury to a family or household member by means of a deadly weapon; or

   4. (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.

2. (b)

   1. (1) Domestic battering in the second degree is a Class C felony.

   2. (2) However, domestic battering in the second degree is a Class B felony if:

      1. (A) Committed against a woman the person knew or should have known was pregnant;

      2. (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:

         1. (i) Domestic battering in the first degree, § 5-26-303;

         2. (ii) Domestic battering in the second degree;

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

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

      3. (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.

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