18 U.S.C. § 117 — Domestic assault by an habitual offender

(a) In General. This section punishes repeat domestic abusers under federal law. It applies to anyone who commits a domestic assault within special maritime, territorial, or Indian country jurisdiction. The person must also have at least 2 separate prior convictions from federal, state, or tribal courts. Each prior offense must be an assault, sexual abuse, or serious violent felony against a spouse, partner, or related child. It may also be an offense under chapter 110A. If both conditions are met, the person faces a fine, up to 5 years in prison, or both. If the assault causes substantial bodily injury, the maximum prison term rises to 10 years. (b) Domestic Assault Defined. This section defines "domestic assault" broadly. It covers assault by a current or former spouse, parent, child, or guardian of the victim. It also covers assault by someone who shares a child with the victim. It covers someone who lives or has lived with the victim as a spouse, parent, child, or guardian. Finally, it covers assault by someone in a similar position to a spouse, parent, child, or guardian.

The source credit indicates that this section was added by Public Law 109–162, title IX, § 909, enacted January 5, 2006, and published at 119 Stat. 3084. The credit further shows that the section was subsequently amended once, by Public Law 113–104, § 3, enacted May 20, 2014, and published at 128 Stat. 1156. Beyond these citations, the source credit does not detail the substance of the 2014 amendment or any other legislative changes. Public Law 109–162 is commonly identified as the Violence Against Women and Department of Justice Reauthorization Act of 2005. Statutes enacted under this title are generally understood to have addressed gaps in federal law concerning domestic violence, particularly in jurisdictions—such as Indian country and areas under special maritime and territorial jurisdiction—where state domestic violence enforcement mechanisms do not apply. The creation of a federal offense targeting repeat domestic violence offenders is consistent with a broader legislative pattern, during this era, of establishing enhanced penalties for habitual offenders in cases of intimate-partner and family violence. However, the record as supplied does not establish the specific legislative intent behind § 909 or the particular problem Congress sought to address in creating this offense, nor does it document the purpose of the 2014 amendment. Any more specific claims about drafters' motivations, committee deliberations, or the provision's legislative history would go beyond what the source credit and general historical understanding support.