(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.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.