§117 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Makes it a crime to commit a domestic assault in certain federal areas or in Indian country if the person already has at least 2 prior final convictions in Federal, State, or tribal court for certain serious offenses (like assault or sexual abuse) or for an offense under chapter 110A. Domestic assault means an assault by a spouse, parent, child, guardian, someone who shares a child, or a person who lives or lived with the victim.

Title 18, §117

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)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—

(1)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

(2)an offense under chapter 110A,

(b)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.

Editorial Notes

Amendments

2014—Subsec. (a)(1). Pub. L. 113–104 inserted “, or against a child of or in the care of the person committing the domestic assault” after “intimate partner”.

§117 Domestic assault by an habitual offender

Summary

Title 18, §117

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata