6-2-511. Domestic battery.
(a) A household member is guilty of domestic battery if he knowingly or recklessly causes bodily injury to another household member by use of physical force.
(b) Domestic battery is punishable as follows:
(i) By imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both;
(ii) By imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both, if within the previous five (5) years, the person has been convicted of domestic battery or any of the following or similar offenses against another household member:
(A) Domestic assault under W.S. 6-2-510;
(B) Simple assault under W.S. 6-2-501(a);
(C) Battery under W.S. 6-2-501(b);
(D) Aggravated assault and battery under W.S. 6-2-502;
(E) Child abuse under W.S. 6-2-503;
(F) Reckless endangering under W.S. 6-2-504;
(G) Unlawful contact under W.S. 6-2-501(g);
(H) Strangulation of a household member under W.S. 6-2-509;
(J) Kidnapping under W.S. 6-2-201;
(K) Felonious restraint under W.S. 6-2-202; or
(M) False imprisonment under W.S. 6-2-203.
(iii) By imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both, if within the previous ten (10) years, the person has been convicted of domestic battery two (2) or more times or has been convicted of domestic battery and any of the following or similar offense against another household member:
(A) Domestic assault under W.S. 6-2-510;
(B) Simple assault under W.S. 6-2-501(a);
(C) Battery under W.S. 6-2-501(b);
(D) Aggravated assault and battery under W.S. 6-2-502;
(E) Child abuse under W.S. 6-2-503;
(F) Reckless endangering under W.S. 6-2-504;
(G) Unlawful contact under W.S. 6-2-501(g);
(H) Strangulation of a household member under W.S. 6-2-509;
(J) Kidnapping under W.S. 6-2-201;
(K) Felonious restraint under W.S. 6-2-202; or
(M) False imprisonment under W.S. 6-2-203.
(c) If a person sentenced under paragraph (b)(i) or (ii) of this section is placed on probation, the court may, notwithstanding any other provision of law, impose a term of probation exceeding the maximum imprisonment of one (1) year, provided the term of probation, including extensions, shall not exceed three (3) years.
(d) As used in this section:
(i) "Convicted" means a person has been convicted upon a plea of guilty or no contest or has been found guilty;
(ii) "Household member" means as defined in W.S. 35-21-102;
(iii) "Similar offense" means a substantially similar law of this or any other state, tribe or territory.
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