Health Feature Articles
DOMESTIC VIOLENCE ASSAULT CRIMES
Source: The Missouri Coalition Against Domestic Violence
The Missouri General Assembly in 2000 established
separate crimes for domestic assault. These new
categories of assaults acknowledge elements of power and
control, and they include enhanced penalties for prior
or persistent offenders.
FIRST-DEGREE DOMESTIC ASSAULT
(SECTION 565.072, RSMo)
Definition
A person commits the crime of domestic assault in the
first degree if he or she attempts to kill or knowingly
causes or attempts to cause serious physical injury to a
family or household member or an adult who is or has
been in a continuing social relationship of a romantic
or intimate nature with the actor, as defined in section
455.050, RSMo.
Punishment
Domestic assault in the first degree is a Class B
Felony, unless the offender inflicts serious physical
injury on the victim, in which case it is a Class A
Felony.
Prior Offender (1 prior offense within 5
years): Class A Felony; no probation or parole if
serious injury is inflicted.
Persistent Offender (2+ previous offenses
within 10 years): Class A Felony.
SECOND-DEGREE DOMESTIC ASSAULT
(SECTION 565.073, RSMo)
Definition
A person commits the crime of domestic assault in the
second degree if the act involves a family or household
member of current or past intimate and he or she
attempts to cause or knowingly causes physical injury by
any means, including use of a deadly weapon or dangerous
instrument, or by choking or strangulation; or
recklessly causes serious physical injury, or recklessly
causes physical injury with a deadly weapon.
Punishment
Domestic assault in the second degree is a Class C
Felony.
Prior offender (1 prior offense within 5
years): Class B Felony.
Persistent offender (2+ previous offenses
within 10 years): Class A Felony.
THIRD-DEGREE DOMESTIC ASSAULT
(SECTION 565.074, RSMo)
Definition
A person commits the crime of domestic assault in the
third degree if the act involves a family or household
member or current or past intimate and he or she
attempts to cause or recklessly causes physical injury;
or with criminal negligence causes physical injury by
means of a deadly weapon or dangerous instrument; or
places the victim in apprehension of immediate physical
injury by any means; or recklessly engages in conduct
which creates a grave risk of death or serious physical
injury to the victim; or knowingly causes physical
contact knowing the other person will regard the contact
as offensive; or knowingly attempts to cause or causes
the isolation of such family or household member by
unreasonably and substantially restricting or limiting
such family or household member's access to other
persons, telecommunication devices or transportation for
the purpose of isolation.
Punishment
Domestic assault in the third degree is a Class A
Misdemeanor.
Persistent offender (2+ previous offenses within 10 years): Class D Felony. The offenses may be against the same family or household member or against a different family or household member.
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Last Updated 05/05/2009
