§ 5-26-305 - Domestic battering in the third degree.
5-26-305. Domestic battering in the third degree.
(a) A person commits domestic battering in the third degree if:
(1) With the purpose of causing physical injury to a family or household member, the person causes physical injury to a family or household member;
(2) The person recklessly causes physical injury to a family or household member;
(3) The person negligently causes physical injury to a family or household member by means of a deadly weapon; or
(4) The person purposely causes stupor, unconsciousness, or physical or mental impairment or injury to a family or household member by administering to the family or household member, without the family or household member's consent, any drug or other substance.
(b) (1) Domestic battering in the third degree is a Class A misdemeanor.
(2) However, domestic battering in the third degree is a Class D 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, 5-26-304;
(iii) Domestic battering in the third degree;
(iv) Aggravated assault on a family or household member, 5-26-306; or
(v) 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.