Arkansas Law

§ 5-26-304. Domestic battering in the second degree.

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

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

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

         (3) He recklessly causes serious physical injury to a family or household member by means of a deadly weapon.

(b)(1) Domestic battering in the second degree is a Class C felony.

          (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, 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 second degree is a Class B felony.

History. Acts 1979, No. 396, § 2; A.S.A. 1947, § 41-1654; Acts 1995, No. 1291, § 2; 1999, No. 1365, § 2.