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5-26-304. Domestic battering in the second degree.
Arkansas Code — all titles (historical 2020) · legal_authorities
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 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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-26-304
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:5-26-304
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 2e40c756be3d69e517d952451b49ce93c8e849652171b62e86f6d823f28c2b07
Source location: content.xml paragraph 12637
Stored source content
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 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.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-26-303. 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;
(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; or
(7) The person knowingly causes serious physical injury to a family or household member who is four (4) years of age or younger under circumstances manifesting extreme indifference to the value of human life.
(b)(1) Domestic battering in the first degree
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-26-303
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-26-303. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-26-305. Domestic battering in the third degree.
(a) A person commits domestic battering in the third degree if:
(1) With the purpose of causing physical injury to a family or household member, the person causes physical injury to a family or household member;
(2) The person recklessly causes physical injury to a family or household member;
(3) The person negligently causes physical injury to a family or household member by means of a deadly weapon; or
(4) The person purposely causes stupor, unconsciousness, or physical or mental impairment or injury to a family or household member by administering to the family or household member, without the family or household member's consent, any drug or other substance.
(b)(1) Domestic battering in the third degree is a Class A misdemeanor.
(2) However, domestic battering in the third degree is a Class D 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 third degree:
(i) Domestic battering in the first degree, § 5-26-303;
(ii) Domestic battering in the second degree, § 5-26-304;
(iii) Domestic battering in the third degree;
(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; 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 third degree.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-26-305
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-26-305. This identifies an authority to review, not proof of applicability.