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DOMESTIC VIOLENCE
ASSAULT CRIMES
Source:
The Missouri Coalition Against Domestic Violence |
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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)
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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 o 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.
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| SECOND-DEGREE
DOMESTIC ASSAULT (SECTION 565.073, RSMo |
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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.
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THIRD-DEGREE DOMESTIC
ASSAULT (SECTION 565.074, RSMo) |
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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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