(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.
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