Arkansas Law

§ 5-26-305. Domestic battering in the third degree.

(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, a person causes physical injury to a family or household member; or

          (2) A person recklessly causes physical injury to a family or household member; or

          (3) A person negligently causes physical injury to a family or household member by means of a deadly weapon; or

          (4) A person purposely causes stupor, unconsciousness, or physical or mental impairment or injury to a family or household member by administering to a 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, if the person has, within the past five (5) years, committed a prior offense of domestic battering in the first degree, § 5-26-303, domestic battering in the second degree, § 5-26-304, or domestic battering in the third degree, or has violated an equivalent penal law of this state or of another state or foreign jurisdiction, domestic battering in the third degree is a Class D felony.

History. Acts 1979, No. 396, § 3; A.S.A. 1947, § 41-1655; Acts 1995, No. 1291, § 3; 1999, No. 1365, § 3.