[Amended 5-18-2017 by Res. No. 05-18-17-08]
A. A person commits the offense of domestic violence if he or she commits an assault and/or a battery (as defined in Chapter
7.4 8) upon a current/former spouse, an intimate partner, an individual with whom he/she has a child in common, or an individual with whom he/ she has, or has had, a dating relationship.
B. Domestic
violence is a Class A misdemeanor.
C. A person
commits the offense of aggravated domestic violence if he or she commits
domestic violence, as defined above, and any of the following occurs
during the act:
(1) A
dangerous weapon is used during the commission of the domestic violence;
(2) Strangulation
of the victim occurs;
(3) The
domestic violence caused an injury which required medical treatment;
or
(4) The
victim suffered a traumatic brain injury.
D. Aggravated
domestic violence is a felony.
E. A person
commits the offense of family violence if he or she commits an assault
and/or a battery (as defined in Chapter 7.4-8) upon a family or household
member of his or her family or household.
F. Family
violence is a Class A misdemeanor.
G. Any person
with two or more convictions for crimes of domestic violence or family
violence shall be deemed an habitual domestic violence or family violence
offender, and any subsequent violation shall be a felony, except where
inconsistent with federal laws.