18 U.S.C. § 117 — Domestic assault by an habitual offender
submitted 20 years ago by Pub. L. 109-162 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 215 words · no verdicts yet
A person who commits domestic assault and has 2 prior convictions for similar offenses faces federal charges. The penalty is up to 5 years in prison, or 10 years if there's substantial injury. Domestic assault means assault by a spouse, parent, child, guardian, or similar household member.
(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.
facts
Any person who commits a domestic assault within the special maritime and territorial jurisdiction of the United States or Indian country and who has a final conviction on at least 2 separate prior occasions in Federal, State, or Indian tribal court proceedings for offenses that would be, if subject to Federal jurisdiction—
any assault, sexual abuse, or serious violent felony against a spouse or intimate partner, or against a child of or in the care of the person committing the domestic assault; or
an offense under chapter 110A,
shall be fined under this title, imprisoned for a term of not more than 5 years, or both, except that if substantial bodily injury results from violation under this section, the offender shall be imprisoned for a term of not more than 10 years.
In this section, the term “domestic assault” means an assault committed by a current or former spouse, parent, child, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, parent, child, or guardian, or by a person similarly situated to a spouse, parent, child, or guardian of the victim.
Source credit: (Added Pub. L. 109–162, title IX, § 909, Jan. 5, 2006, 119 Stat. 3084; amended Pub. L. 113–104, § 3, May 20, 2014, 128 Stat. 1156.)
- 2006Enacted · Pub. L. 109-162 · 119 Stat. 3084
- 2014Amended · Pub. L. 113-104 · 128 Stat. 1156
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