Arkansas Law

§ 5-26-303. Domestic battering in the first degree.

(a) A person commits domestic battering in the first degree if:

              (1) With the purpose of causing serious physical injury to a family or household member, he causes serious physical injury to a family or household member by means of a deadly weapon; or

          (2) With the purpose of seriously and permanently disfiguring a family or household member or of destroying, amputating, or permanently disabling a member or organ of a family or household member's body, he causes such an injury to a family or household member; or

          (3) He causes serious physical injury to a family or household member under circumstances manifesting extreme indifference to the value of human life.

(b)(1) Domestic battering in the first degree is a Class B felony.

          (2) However, upon a conviction pursuant to subdivisions (a)(1)-(3) of this section, if the person has, within the past five (5) years, committed a prior offense of domestic battering in the first degree, domestic battering in the second degree, § 5-26-304, or domestic battering in the third degree, § 5-26-305, or has violated an equivalent penal law of this state or of another state or foreign jurisdiction, domestic battering in the first degree is a Class A felony.

History. Acts 1979, No. 396, § 1; A.S.A. 1947, § 41-1653; Acts 1995, No. 1291, § 1; 1999, No. 1317, § 2; 1999, No. 1365, § 1.