Location:
DOMESTIC VIOLENCE;
Scope:
Connecticut laws/regulations; Other States laws/regulations;

OLR Research Report


February 26, 2013

 

2013-R-0157

STATES WITH SPECIFIC DOMESTIC VIOLENCE CRIMES

By: Christopher Reinhart, Chief Attorney

You asked whether other states have specific domestic violence crimes. We understand this to mean crimes specifically targeted to people generally in a familial, household, or intimate relationship.

SUMMARY

Except for sexual assault in a spousal or cohabiting relationship (CGS 53a-70b), Connecticut does not have specific crimes addressing domestic violence. Instead, conduct considered domestic violence is punished under generally applicable criminal statutes, such as the assault statutes, when the offender and victim have a familial, household, or intimate relationship.

We found 26 states with specific crimes that penalize domestic violence. Most states, such as Arkansas, define the elements of the domestic violence crime in each statute. Other states, such as Maine, define the domestic violence crime by requiring commission of a generally applicable crime (like assault) against certain victims (such as family or household members).

The domestic violence crimes in these 26 states cover a wide range of conduct and have a wide range of penalties. The penalties generally vary based on the conduct involved or an offender's prior convictions. In addition, some states have enhanced penalty statutes that penalize offenders with multiple domestic violence convictions. For

example, Colorado's habitual domestic violence offender statute enhances penalties for someone with certain convictions that include underlying facts of domestic violence. We include these statutes in our report.

STATES WITH SPECIFIC DOMESTIC VIOLENCE CRIMINAL STATUTES

Table 1 displays the states, in alphabetical order, with specific domestic violence crimes, the name of each crime, and the conduct each punishes. We also include the basic criminal penalties for each statute. Other penalties may apply such as restitution, required counseling, and loss of firearms and the right to possess them.

Table 1: Specific Domestic Violence Crimes in Other States

State

(citation)

Crime

Conduct

Criminal Penalty

Alabama

(Ala. Code 13A-6-130 et seq.)

1st degree domestic violence

Committing 1st degree assault or aggravated stalking against certain victims

1st conviction: class A felony (10 to 99 years in prison, a fine of up to $60,000, or both)

Subsequent conviction: minimum one year in prison without release

Crime committed in willful violation of a protective order: minimum two years in prison without release

2nd degree domestic violence

Committing various crimes against certain victims

1st conviction: class B felony (two to 20 years in prison, a fine of up to $30,000, or both)

Subsequent conviction: minimum six months in prison without release

Crime committed in willful violation of a protective order: minimum one year in prison without release

3rd degree domestic violence

Committing various crimes against certain victims

1st conviction: class A misdemeanor (up to one year in prison, a fine of up to $6,000, or both)

Second conviction: minimum 10 days in prison without release

Third or subsequent conviction: class C felony (one year and a day up to 10 years in prison, a fine of up to $15,000, or both)

If willfully violate a protective order in committing the crime: minimum 30 days in prison without release

Domestic violence by strangulation or suffocation

Assaulting certain victims with intent to harm or menacing by strangulation or suffocation

Class B felony (see penalty above)

Arizona

(Ariz. Rev. Stat. 13-3601 et seq.)

Aggravated domestic violence

Committing three or more generally applicable crimes against certain victims within seven years

Class 5 felony (penalties vary based on Arizona's sentencing guidelines)

If two prior convictions in seven years: must serve at least four months in prison without release

If at least three prior convictions in seven years: must serve at least eight months in prison without release

Arkansas

(Ark. Code 5-26-303 et seq.)

1st degree domestic battering

When the victim is a family or household member:

Intentionally causing serious physical injury with a deadly weapon or serious and permanent disfigurement

Causing serious physical injury with extreme indifference to human life

Knowingly causing serious physical injury when the victim is age 60 or older or age 12 or younger

Committing 2nd or 3rd degree domestic battering with two prior convictions of domestic battery

Class B felony (five to 20 years in prison, a fine of up to $15,000, or both)

Class A felony (six to 30 years in prison, a fine of up to $15,000, or both) if committed against a woman he or she knows or should know is pregnant or after a prior domestic battering conviction in the last five years

2nd degree domestic battering

When the victim is a family or household member:

Intending to cause physical injury and causing serious physical injury or a physical injury with a deadly weapon

Recklessly causing serious physical injury with a deadly weapon

Knowingly causing physical injury when the victim is age 60 or older or age 12 or younger

Class C felony (three to 10 years in prison, a fine of up to $10,000, or both)

Class B felony (see penalty above) if committed against a woman he or she knows or should know is pregnant or after a prior domestic battering conviction in the last five years or two battery convictions in the past 10 years

3rd degree domestic battering

When the victim is a family or household member:

Intending to cause and actually causing physical injury

Recklessly causing physical injury

Negligently causing physical injury with a deadly weapon

Administering a drug or substance without consent to cause stupor, unconsciousness, physical or mental impairment, or injury

Class A misdemeanor (up to one year in prison, a fine of up to $2,500, or both)

Class D felony (up to six years in prison, a fine of up to $10,000, or both) if committed against a woman he or she knows or should know is pregnant or after a prior domestic battering or aggravated assault on a family or household member conviction in the last five years or two battery convictions in the past 10 years

Aggravated assault on a family or household member

Intentionally engaging in conduct that creates a substantial danger of death or serious physical injury to a family or household member with extreme indifference to human life

Class D felony (see penalty above)

1st degree assault on family or household member

Recklessly causing a substantial risk of death of serious physical injury to a family or household member

Class A misdemeanor (see penalty above)

2nd degree assault on family or household member

Recklessly causing a substantial risk of physical injury to a family or household member

Class B misdemeanor (up to 90 days in prison, a fine of up to $1,000, or both)

3rd degree assault on family or household member

Creating apprehension of imminent physical injury in a family or household member

Class C misdemeanor (up to 30 days in prison, a fine of up to $500, or both)

California

(Cal. Penal Code 273.5)

 

Willfully inflicting corporal injury resulting in trauma on certain victims

Two, three, or four years in prison or up to one year in county jail; up to a $6,000 fine; or both (the same prison term but a fine up to $10,000 applies if the person has a prior conviction of certain crimes in the past seven years)

If one prior conviction of certain crimes in the prior seven years: two, four, or five years in prison or up to one year in county jail; up to a $10,000 fine; or both

Other sentencing provisions apply

Colorado

(Colo. Rev. Stat. 18-6-801)

Habitual domestic violence offender

Misdemeanor conviction with underlying facts of domestic violence with three prior felony, misdemeanor, or municipal convictions that included acts of domestic violence

Class 5 felony (presumptive range of one to three years in prison)

Idaho

(Id. Stat. 18-918)

Felony domestic battery

Committing the crime of battery and inflicting a traumatic injury on a household member

1st conviction: up to 10 years in prison, a fine of up to $10,000, or both

2nd conviction in 15 years: up to 10 years in prison, a fine of up to $10,000, or both

Penalties doubled if a child was present

Misdemeanor domestic assault or battery

Committing the crime of assault or battery without causing traumatic injury to a household member

1st conviction: up to six months in prison, a fine of up to $1,000, or both

2nd conviction in 10 years: up to one year in prison, a fine of up to $2,000, or both

3rd conviction in 15 years: up to five years in prison, a fine of up to $5,000, or both

If felony domestic violence conviction within prior 15 years: up to 10 years in prison, a fine of up to $10,000, or both

Penalties doubled if a child was present

Illinois

(720 ILCS 5/12-3.2 et seq.)

Domestic battery

Knowingly causing bodily harm to or making physical contact of an insulting or provoking nature with a family or household member

Class A misdemeanor (up to one year in prison, a fine of up to $2,500, or both)

If prior conviction of this crime, violating a protective order, or certain other crimes: class 4 felony (one to three years in prison, a fine of up to $25,000, or both); mandatory 72 hours in prison; and mandatory 10 days in prison, 300 hours of community service, or both if committed with a child present

Aggravated domestic battery

Committing domestic battery and (1) strangling the victim or (2) knowingly causing great bodily harm or permanent disability or disfigurement

1st conviction: class 2 felony (three to seven years in prison, a fine of up to $25,000, or both), mandatory 60 days in prison as a condition of probation or conditional discharge

Subsequent conviction: mandatory three to seven years or extended term of seven to 14 years

Mandatory 10 days in prison, 300 hours of community service, or both if committed with a child present

Interfering with reporting domestic violence

Committing domestic violence and knowingly preventing or attempting to prevent the victim or a witness from calling 9-1-1, obtaining medical assistance, or reporting to law enforcement

Class A misdemeanor (see penalty above)

Disclosing location of domestic violence victim

Disclosing the location of a domestic violence victim without the person's authorization knowing it will or has the substantial likelihood of resulting in the threat of bodily harm

Class A misdemeanor (see penalty above)

Indiana

(Ind. Code 35-42-2-1.3)

Domestic battery

Knowing and internally touching certain victims in a rude, insolent, or angry way that causes bodily injury

1st conviction: class A misdemeanor (up to one year in prison, a fine of up to $5,000, or both)

2nd conviction: class D felony (six months to three years in prison, a fine of up to $10,000, or both)

If knowingly committed in a child's presence: class D felony

Iowa

(Iowa Code 108.2A)

Domestic abuse assault

Committing the crime of assault against certain victims

1st conviction (minimum two days in prison):

Simple misdemeanor (up to 30 days in prison, a fine of $65 to $625, or both)

Serious misdemeanor (up to one year in prison, a fine of $315 to $1,825, or both) if caused bodily injury or mental illness

Aggravated misdemeanor (up to two years in prison, a fine of $625 to $6,250, or both) if done with intent to inflict serious injury; using or displaying a dangerous weapon; or knowingly, impeding breathing or blood circulation

2nd conviction (minimum two days in prison):

Serious misdemeanor if the current and prior offenses were simple misdemeanors

Aggravated misdemeanor if the (1) first offense was a simple or aggravated misdemeanor and the second would otherwise be a serious misdemeanor or (2) first offense was a serious or aggravated misdemeanor and the current would otherwise be a simple or serious misdemeanor

Subsequent conviction (minimum one year in prison): class D felony (up to five years in prison, a fine of $750 to $7,500, or both)

Any offense if knowingly impeded breathing or blood circulation: class D felony

Kansas

(KS St. 21-5414)

Domestic battery

Knowingly or recklessly causing bodily harm to a family or household member

Knowingly causing physical contact to a family or household member in a rude, insulting, or angry manner

1st conviction: class B person misdemeanor, punishable by 48 hours to six months in prison, a fine of $200 to $500, or both

2nd conviction: class A person misdemeanor, punishable by 90 days to one year in prison (five days mandatory minimum), a fine of $500 to $1,000, or both

Subsequent: person felony, punishable by 90 days to one year in prison (90 days mandatory minimum), a fine of $1,000 to $7,500, or both

Louisiana

(La. Rev. Stat. 14:35.3 and 37.7)

Domestic abuse battery

Intentionally using force or violence against a household member

1st conviction: 30 days to six months in prison with a 48 hour mandatory minimum, a fine between $300 and $1,000, or both

2nd conviction: 60 days to six months in prison with a 14 day mandatory minimum, a $750 to $1,000 fine, or both

3rd conviction: mandatory one year with up to five years in prison and a $2,000 fine

Subsequent conviction: three year mandatory minimum with between 10 and 30 years in prison with hard labor and a $5,000 fine

Other sentencing provisions apply and higher mandatory sentences may apply, including when a child was present during the crime or the victim was pregnant

Domestic abuse aggravated assault

Assaulting a household member with a dangerous weapon

One to five years in prison at hard labor and a fine of up to $5,000

Two year mandatory minimum if a child was present

Maine

(Me. Rev. Stat. 17-A, 207-A, 209-A, 210-B, 210-C, 211-A)

Domestic violence assault

Committing the crime of assault against a family or household member

Class D crime (up to one year in prison, a fine of up to $2,000, or both)

Class C crime (up to five years in prison, a fine of up to $5,000, or both) if certain prior convictions

Domestic violence criminal threatening

Committing the crime of criminal threatening against a family or household member

Domestic violence terrorizing

Committing the crime of terrorizing against a family or household member

Domestic violence stalking

Committing the crime of stalking against a family or household member

Domestic violence reckless conduct

Committing the crime of reckless conduct against a family or household member

Michigan

(Mich. Comp. Laws 750.81)

Domestic assault

Committing assault or assault and battery against certain victims

1st conviction: misdemeanor, punishable by up to 93 days in prison, a fine of up to $500, or both

If prior conviction of this or certain other crimes: up to one year in prison, a fine of up to $1,000, or both

If two prior convictions of this or certain other crimes: felony, punishable by up to two year in prison, a fine of up to $2,500, or both (on April 1, 2013 these penalties increase to up to five years in prison, a fine of up to $5,000, or both)

Mississippi

(Miss. Code 97-3-7)

Simple domestic violence

Committing simple assault against certain victims

1st or 2nd conviction: up to six months in prison, a fine of up to $500, or both

Subsequent conviction: felony, punishable by five to 10 years in prison

Aggravated domestic violence

Committing aggravated assault against or strangling or attempting to strangle certain victims

1st or 2nd conviction: two to 20 years in prison

Subsequent conviction: felony, 10 to 20 years in prison

Minnesota (Minn. Stat. 609.2242 and .2247)

Domestic assault

Intentionally causing a family or household member to fear immediate bodily harm or death

Intentionally inflicting or attempting to inflict bodily harm on a family or household member

Misdemeanor (up to 90 days in prison, a fine of up to $1,000, or both)

If within 10 years of a prior domestic violence-related conviction: gross misdemeanor punishable by up to one year in prison, a fine of up to $3,000, or both

If within 10 years of two prior domestic violence-related convictions: felony punishable by up to five years in prison, a fine of up to $10,000, or both

Domestic assault by strangulation

Assaulting a family or household member by strangulation

Felony punishable by up to three years in prison, a fine of up to $5,000, or both

Missouri

(Mo. Rev. Stat. 565.072 et seq.)

1st degree domestic assault

Attempting to kill or knowingly causing or attempting to cause serious physical injury to a family or household member

1st conviction: class B felony (up to five to 15 years in prison)

If inflict serious physical injury or 2nd conviction: class A felony (10 to 30 years in prison or life imprisonment)

2nd degree domestic assault

When the victim is a family or household member:

attempting to cause or knowingly causing physical injury

recklessly causing serious physical injury

recklessly causing physical injury with a deadly weapon

Class C felony (up to seven years in prison, a fine of up to $5,000, or both)

3rd degree domestic assault

When the victim is a family or household member:

attempting to cause or recklessly causing physical injury

causing physical injury with criminal negligence using a deadly weapon or dangerous instrument

purposely placing the victim in apprehension of immediate physical injury

recklessly creating a grave risk of death or serious physical injury

knowingly causing physical contact knowing the victim will consider it offensive

knowingly attempting to cause or causing the victim's isolation by unreasonably and substantially restricting the victim's access to people, telecommunication devices, or transportation

1st or 2nd conviction: class A misdemeanor (up to one year in prison, a fine of up to $1,000, or both)

Subsequent conviction: class D felony (up to four years in prison, a fine of up to $5,000, or both)

Montana

(Mont. Code 45-5-206)

Partner or family member assault

Intentionally causing bodily injury, negligently causing bodily injury with a weapon, or intentionally causing reasonable apprehension of bodily injury to a partner or family member

1st conviction: 24 hours to one year in prison and a fine of $100 to $1,000

2nd conviction: 72 hours to one year in prison and a fine of $300 to $1,000

Subsequent conviction: 30 days to five years in prison and a fine of $500 to $50,000

Nebraska

(Neb. Rev. Stat. 28-323)

1st degree domestic assault

Intentionally causing serious bodily injury to an intimate partner

1st conviction: class III felony (one to 20 years in prison, a fine of up to $25,000, or both)

Subsequent conviction: class II felony (one to 50 years in prison)

2nd degree domestic assault

Intentionally causing bodily injury to an intimate partner with a dangerous instrument

1st conviction: class III A felony (up to five years in prison, a fine of up to $10,000, or both)

Subsequent conviction: class III felony (see penalty above)

3rd degree domestic assault

Intentionally causing or threatening imminent bodily injury to an intimate partner or threatens an intimate partner in a menacing way

1st conviction: class I misdemeanor (up to one year in prison, a fine of up to $1,000, or both)

Subsequent conviction of causing or threatening bodily injury: class IV felony (up to five years in prison, a fine of up to $10,000, or both)

New Mexico

(NM Stat. 30-3-12 et seq.)

Assault against a household member

Attempting to commit battery against a household member or an unlawful act, threat, or menacing conduct that causes a household member to reasonably believe he or she is in danger of an immediate battery

Petty misdemeanor (up to six months in prison, a fine of up to $500, or both)

Aggravated assault against a household member

Assaulting or striking a household member with a deadly weapon

Intentionally assaulting a household member with intent to commit a felony

4th degree felony (up to 18 months in prison, a fine of up to $5,000, or both)

Assault against a household member with intent to commit a violent felony

Assaulting a household member intending to commit murder or certain other violent crimes

3rd degree felony (up to three years in prison, a fine of up to $5,000, or both)

Battery against a household member

Unlawful, intentional touching or use of force against a household member in a rude, insolent, or angry manner

Misdemeanor (up to one year in prison, a fine of up to $1,000, or both)

Aggravated battery against a household member

Unlawfully touching or using force against a household member with intent to injure

Misdemeanor or 3rd degree felony depending on the harm caused or whether a deadly weapon was involved

Multiple convictions of battery or aggravated battery

Enhances penalties due to prior convictions of battery against a household member or the misdemeanor version of aggravated battery against a household member

3rd conviction: 4th degree felony

4th conviction: 3rd degree felony

Ohio

(Ohio Rev. Code 2919.25)

Domestic violence

When the victim is a family or household member:

Knowingly causing or attempting to cause physical harm

Recklessly causing serious physical injury

By threat of force, knowingly causing the victim to believe the actor will cause imminent physical harm

When physical injury involved:

1st conviction: 1st degree misdemeanor (up to 180 days in prison, a fine of up to $1,000, or both)

if prior conviction of this or certain other crimes: 4th degree felony (six to 18 months in prison, a fine of up to $5,000, or both)

if the offender knew the victim was pregnant: 5th degree felony (six to 12 months in prison, a fine of up to $2,500, or both)

When threats involved:

1st conviction: 4th degree misdemeanor (up to 30 days in prison, a fine of up to $250, or both)

if prior conviction of this or certain other crimes: 2nd degree misdemeanor (up to 90 days in prison, a fine of up to $750, or both)

if the offender knew the victim was pregnant: 3rd degree misdemeanor (up to 60 days in prison, a fine of up to $500, or both)

Certain mandatory minimums apply when the victim is pregnant

Oklahoma

(OK Stat. 21-644 and -644.1)

Domestic abuse

Committing assault and battery against certain victims

1st conviction: up to one year in jail, a fine of up to $5,000, or both

Subsequent conviction: up to four years in prison, a fine of up to $5,000, or both

If knowingly committed against a pregnant woman:

1st conviction: misdemeanor, punishable by up to one year in jail

Subsequent conviction: felony, punishable by up to 10 years in prison

If miscarriage occurs or unborn child injured: up to 20 years in prison

If great bodily injury results: felony, punishable by up to one year in jail or 10 years in prison

If committed in a child's presence:

1st conviction: six months to one year in jail, a fine of up to $5,000, or both

Subsequent conviction: one to five years in prison, a fine of up to $7,000, or both

Domestic assault or domestic assault and battery with a dangerous weapon

Committing assault and battery against certain victims with a dangerous weapon and intending to do bodily harm

Felony, punishable by up to one year in jail or up to 10 years in prison

Domestic assault and battery with a deadly weapon

Shooting certain victims with a deadly weapon likely to produce death

Felony, punishable by up to life in prison

Domestic abuse by strangulation

Committing assault and battery with intent to cause great bodily harm by strangulation or attempted strangulation of certain victims

1st conviction: one to three years in prison, a fine of up to $3,000, or both

Subsequent conviction: three to 10 years in prison, a fine of up to $20,000, or both

Domestic abuse with a prior pattern of physical abuse

Committing domestic abuse with three separate incidences within six months related to assault, battery, or abuse of certain people, as established by admissible evidence independent of the victim's testimony

Felony, punishable by up to 10 years in prison, a fine of up to $5,000, or both

South Carolina

(SC Code 16-3-615 and 16-25-65)

Spousal sexual battery

Committing the crime of sexual battery through aggravated force against a spouse when living together

Up to 10 years in prison

Criminal domestic violence

Causing physical harm to a household member or offering or attempting to do so with apparent ability to do so and reasonably creating fear of imminent peril

1st conviction: misdemeanor, punishable by up to 30 days in prison or a fine of $1,000 to $2,500

2nd conviction of this or certain other crimes within 10 years: misdemeanor, punishable by up to a one year in prison with a 30-day mandatory minimum and a fine of $2,500 to $5,000

Subsequent conviction of this or certain other crimes within 10 years: felony, punishable by up to five years in prison with a one-year mandatory minimum

Criminal domestic violence of a high and aggravated nature

Committing criminal domestic violence and (1) committing assault and battery with a deadly weapon or resulting in serious injury or (2) reasonably causing the victim to fear imminent serious bodily injury or death

Felony, punishable by a mandatory minimum one year up to 10 years in prison

Tennessee

(Tenn. Code 39-13-111)

Domestic assault

Committing the crime of assault against certain victims

Punishable as assaults with different penalties depending on the conduct and prior convictions, with maximum prison sentences for domestic assault of less than one year

Utah

(Ut. Stat. 76-5-109.1 and 77-36-1.1)

Domestic violence in the presence of a child

In the presence of a child:

committing or attempting to commit homicide against, intentionally causing serious bodily injury to, or using a dangerous weapon or other means likely to produce serious injury to a cohabitant

committing certain other crimes when the victim is a cohabitant

3rd degree felony (up to five years in prison, a fine of up to $5,000, or both)

Class B misdemeanor when the conduct involves certain other crimes (up to six months in prison, a fine of up to $1,000, or both)

Enhancement of offense and penalty for subsequent domestic violence offenses

Violating certain criminal statutes when the victim is a cohabitant and the offender has a prior conviction of certain domestic violence offenses

Enhances the penalty for the current crime to a:

class B misdemeanor if the crime would otherwise be a class C misdemeanor

class A misdemeanor (up to one year in prison, a fine of up to $2,500, or both) if the crime would otherwise be a class B misdemeanor

3rd degree felony if the crime would otherwise be a class A misdemeanor

Virginia

(Va. Code 18.2-57.2)

Assault and battery against a family or household member

Committing the crime of assault and battery against a family or household member

Class 1 misdemeanor (up to 12 months in jail, a fine of up to $2,500, or both)

If two prior convictions of this or certain other crimes within 20 years: class 6 felony, punishable by one to five years in prison or up to 12 months in jail, a fine of up to $2,500, or both

West Virginia

(WV Code 61-2-28)

Domestic violence

Domestic battery: intentionally making insulting or provoking physical contact with or intentionally causing physical harm to a household member

1st conviction: misdemeanor, punishable by up to 12 months in prison, a fine of up to $500, or both

If a prior conviction of this or certain crimes: 60 days to one year in prison, a fine of up to $1,000, or both

If a third conviction of this or certain crimes: felony, punishable by one to five years in prison, a fine of up to $2,500, or both

Domestic assault: attempting to violently injure a household member or place him or her in reasonable apprehension of a violent injury

Misdemeanor, punishable by up to six months in prison, a fine of up to $100, or both

If a prior conviction of certain crimes: 30 days to six months in prison, a fine of up to $500, or both

If a 3rd conviction of this or certain crimes: felony, punishable by one to five years in prison, a fine of up to $2,500, or both

CR: car