Creates the crimes of domestic violence for acts of violence against family members

Summary of specific provisions

Section 122.00 defines domestic violence, aggravated domestic violence, extreme domestic violence and defense.

§ 122.00 defines family member, act of violence and injury.

§ 122.05 classifies domestic violence as a class A misdemeanor.

A person is guilty of domestic violence when being a family member with intent to cause injury to another family member, he or she commits an act of violence against any family member.

§ 122.10 defines aggravated domestic violence. Aggravated domestic violence is a class E felony.

A person is guilty of aggravated domestic violence when he or she: has previously been convicted of an act of domestic violence, has attempted to commit the act; or has previously been convicted, or attempted, an assault. The victim in the prior conviction was a family member; or he or she has previously committed another act of domestic violence within the past six months against any family member.

§ 122.15 defines extreme domestic violence. Extreme domestic violence is a class C felony.

A person is guilty of extreme domestic violence when: with intent to cause injury to any family member, or in reckless disregard of the likelihood of causing such injury, he or she commits an act or acts which result in second or third degree burns to any family member; or he or she commits an act of domestic violence, having twice within the three years immediately prior to said act been convicted of any combination of domestic violence and/or assault charges, or an attempt to commit same against any family member. § 122.20 defines defense.

§ 2 this act shall take effect on the first of November next succeeding the date on which it shall have become a law.

Justification

Domestic violence is a major issue that has a physical and emotional effect on the victims involved. It affects people of every background including gender, age, and socioeconomic status.-Women have a higher risk of facing an injury from being attacked by another member in the household and are likely to be attacked more than once in their lifetime. Children also face physical abuse by a parent and are very likely to face physiological effects due to the impact at a young age. It is important that there are effective laws in place that would protect those who suffer abuse in the household.

This legislation provides a clear definition of domestic violence against family members and is able to provide more protection to those who face abuse by a family member and provides a clear definition of domestic violence against family member. This legislation ensures tougher penalties for those who were already convicted of the acts in this amendment. With this proposal, children would be able to live in an environment where they would not endangered or threatened by these acts. This legislation can also deter continuing abuse in households with these stronger penalties. With the family offenses labeled as domestic violence, the domestic abusers would face strict punishment for inflicting abuse on family members. Stronger laws such as this proposal would help domestic violence victims to have a sense of safety and justice for trauma and abuse.

Prior legislative history

2009-10: S.251 - Referred to Codes 2005-06: S.1329 - Referred to Codes 2003-04: S.1987 - Referred to Codes 2001-02: S.1475 - Referred to Codes

Fiscal implications

None to the state.

Effective date

First of November next succeeding the date on which it shall have become law.