§ 5-26-304 - Domestic battering in the second degree.
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, the person causes serious physical injury to a family or household member;
(2) With the purpose of causing physical injury to a family or household member, the person causes physical injury to a family or household member by means of a deadly weapon;
(3) The person recklessly causes serious physical injury to a family or household member by means of a deadly weapon; or
(4) The person knowingly causes physical injury to a family or household member he or she knows to be sixty (60) years of age or older or twelve (12) years of age or younger.
(b) (1) Domestic battering in the second degree is a Class C felony.
(2) However, domestic battering in the second degree is a Class B felony if:
(A) Committed against a woman the person knew or should have known was pregnant;
(B) For conduct that occurred within the five (5) years preceding the commission of the current offense, the person has been convicted of a prior offense of:
(i) Domestic battering in the first degree, 5-26-303;
(ii) Domestic battering in the second degree;
(iii) Domestic battering in the third degree, 5-26-305; or
(iv) An equivalent penal law of this state or of another state or foreign jurisdiction; or
(C) For conduct that occurred within the ten (10) years preceding the commission of the current offense, the person has on two (2) previous occasions been convicted of any act of battery against a family or household member as defined by a law of this state or by an equivalent law of any other state or foreign jurisdiction.