(a) A person commits domestic violence in the third degree if the person commits the crime of assault in the third degree pursuant to Section 13A-6-22 ; the crime of menacing pursuant to Section 13A-6-23 ; the crime of reckless endangerment pursuant to Section 13A-6-24 ; the crime of criminal coercion pursuant to Section 13A-6-25 ; the crime of harassment pursuant to subsection (a) of Section 13A-11-8 ; the crime of criminal surveillance pursuant to Section 13A-11-32 ; the crime of harassing communications pursuant to subsection (b) of Section 13A-11-8 ; the crime of criminal trespass in the third degree pursuant to Section 13A-7-4 ; the crime of criminal mischief in the second or third degree pursuant to Sections 13A-7-22 and 13A-7-23 ; or the crime of arson in the third degree pursuant to Section 13A-7-43 ; and the victim is a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating relationship, as defined in Section 13A-6-139.1 , with the defendant. Domestic violence in the third degree is a Class A misdemeanor.
(b) The minimum term of imprisonment imposed under subsection (a) shall be 30 days without consideration of reduction in time if a defendant willfully violates a protection order issued by a court of competent jurisdiction and in the process of violating the order commits domestic violence in the third degree.
(c) A second conviction under subsection (a) is a Class A misdemeanor, except the defendant shall serve a minimum term of imprisonment of 10 days in a city or county jail or detention facility without consideration for any reduction in time.
(d) A third or subsequent conviction under subsection (a) is a Class C felony.
(e) For purposes of determining second, third, or subsequent number of convictions, convictions in municipal court shall be included.
Cite this article: FindLaw.com - Alabama Code Title 13A. Criminal Code § 13A-6-132 - last updated January 01, 2019 | https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-6-132.html
FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. For more detailed codes research information, including annotations and citations, please visit Westlaw.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.