Missouri Revised Statutes













Chapter 565

Offenses Against the Person

←565.073

Section 565.074.1

565.074→

August 28, 2015

Beginning January 1, 2017--Domestic assault, third degree--penalty.

565.074. 1. A person commits the offense of domestic assault in the

third degree if he or she attempts to cause physical injury or knowingly

causes physical pain or illness to a domestic victim, as the term "domestic

victim" is defined under section 565.002.



2. The offense of domestic assault in the third degree is a class E

felony.



(L. 2000 H.B. 1677, et al., A.L. 2011 S.B. 320, A.L. 2012 S.B. 628,

A.L. 2014 S.B. 491)



Effective 1-01-17





2012

2011

2000



2012



565.074. 1. A person commits the crime of domestic assault in the

third degree if the act involves a family or household member, including

any child who is a member of the family or household, as defined in section

455.010 and:



(1) The person attempts to cause or recklessly causes physical injury

to such family or household member; or



(2) With criminal negligence the person causes physical injury to

such family or household member by means of a deadly weapon or dangerous

instrument; or



(3) The person purposely places such family or household member in

apprehension of immediate physical injury by any means; or



(4) The person recklessly engages in conduct which creates a grave

risk of death or serious physical injury to such family or household

member; or



(5) The person knowingly causes physical contact with such family or

household member knowing the other person will regard the contact as

offensive; or



(6) The person 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.



2. Except as provided in subsection 3 of this section, domestic

assault in the third degree is a class A misdemeanor.



3. A person who has pleaded guilty to or been found guilty of the

crime of domestic assault in the third degree more than two times against

any family or household member as defined in section 455.010, or of any

offense committed in violation of any county or municipal ordinance in any

state, any state law, any federal law, or any military law which, if

committed in this state, would be a violation of this section, is guilty of

a class D felony for the third or any subsequent commission of the crime of

domestic assault. The offenses described in this subsection may be against

the same family or household member or against different family or

household members.



2011



565.074. 1. A person commits the crime of domestic assault in the

third degree if the act involves 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 455.010 and:



(1) The person attempts to cause or recklessly causes physical injury

to such family or household member; or



(2) With criminal negligence the person causes physical injury to

such family or household member by means of a deadly weapon or dangerous

instrument; or



(3) The person purposely places such family or household member in

apprehension of immediate physical injury by any means; or



(4) The person recklessly engages in conduct which creates a grave

risk of death or serious physical injury to such family or household

member; or



(5) The person knowingly causes physical contact with such family or

household member knowing the other person will regard the contact as

offensive; or



(6) The person 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.



2. Except as provided in subsection 3 of this section, domestic

assault in the third degree is a class A misdemeanor.



3. A person who has pleaded guilty to or been found guilty of the

crime of domestic assault in the third degree more than two times against

any family or household member as defined in section 455.010, or of any

offense committed in violation of any county or municipal ordinance in any

state, any state law, any federal law, or any military law which, if

committed in this state, would be a violation of this section, is guilty of

a class D felony for the third or any subsequent commission of the crime of

domestic assault. The offenses described in this subsection may be against

the same family or household member or against different family or

household members.



2000



565.074. 1. A person commits the crime of domestic assault in the third

degree if the act involves 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 455.010 and:







(1) The person attempts to cause or recklessly causes physical injury to

such family or household member; or







(2) With criminal negligence the person causes physical injury to such

family or household member by means of a deadly weapon or dangerous

instrument; or







(3) The person purposely places such family or household member in

apprehension of immediate physical injury by any means; or







(4) The person recklessly engages in conduct which creates a grave risk

of death or serious physical injury to such family or household member; or







(5) The person knowingly causes physical contact with such family or

household member knowing the other person will regard the contact as

offensive; or



(6) The person 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.



2. Except as provided in subsection 3 of this section, domestic assault

in the third degree is a class A misdemeanor.



3. A person who has pleaded guilty to or been found guilty of the crime

of domestic assault in the third degree more than two times against any

family or household member as defined in section 455.010 is guilty of a class

D felony for the third or any subsequent commission of the crime of domestic

assault. The offenses described in this subsection may be against the same

family or household member or against different family or household members.



Top



Missouri General Assembly



Copyright © Missouri Legislature, all rights reserved.