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Current as of March 28, 2024 | Updated by FindLaw Staff
(a) A person commits domestic battering in the third degree if:
(1) With the purpose of causing physical injury to a family or household member, the person causes physical injury to a family or household member;
(2) The person recklessly causes physical injury to a family or household member;
(3) The person negligently causes physical injury to a family or household member by means of a deadly weapon; or
(4) The person purposely causes stupor, unconsciousness, or physical or mental impairment or injury to a family or household member by administering to the family or household member, without the family or household member's consent, any drug or other substance.
(b)(1) Domestic battering in the third degree is a Class A misdemeanor.
(2) However, domestic battering in the third degree is a Class D felony if:
(A) Committed against a woman the person knew or reasonably 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 third degree:
(i) Domestic battering in the first degree, § 5-26-303;
(ii) Domestic battering in the second degree, § 5-26-304;
(iii) Domestic battering in the third degree;
(iv) Aggravated assault on a family or household member, § 5-26-306; or
(v) A violation of an equivalent penal law of this state or of another state or foreign jurisdiction.
Cite this article: FindLaw.com - Arkansas Code Title 5. Criminal Offenses § 5-26-305. Domestic battering--Third degree - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-5-criminal-offenses/ar-code-sect-5-26-305/
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.
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