Title 5, Criminal Offenses

To the extent that any protected class of persons defined under this subchapter is afforded protection by any other existing or future statute of this state, this subchapter does not prevent a prosecution under any such existing or future statute.

(1) As used in this subchapter:(1) (A) “Dating relationship” means a romantic or intimate social relationship between two (2) individuals that is determined by examining the following factors:(i) The length of the relationship;(ii) The type of the relationship; and(iii) The frequ…

(a) A person commits domestic battering in the first degree if:(1) With the purpose of causing serious physical injury to a family or household member, the person causes serious physical injury to a family or household member by means of a deadly weapon;(2) With the purpose of se…

(a) A person commits domestic battering in the second degree if:(1) With the purpose of causing physical injury to a family or household member, the person causes serious physical injury to a family or household member;(2) With the purpose of causing physical injury to a family o…

(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 househ…

(a) A person commits aggravated assault on a family or household member if, under circumstances manifesting extreme indifference to the value of human life, the person purposely:(1) Engages in conduct that creates a substantial danger of death or serious physical injury to a fami…

(a) A person commits first degree assault on a family or household member if the person recklessly engages in conduct that creates a substantial risk of death or serious physical injury to a family or household member. (b) First degree assault on a family or household member is a…

(a) A person commits second degree assault on a family or household member if the person recklessly engages in conduct that creates a substantial risk of physical injury to a family or household member. (b) Second degree assault on a family or household member is a Class B misdem…

(a) A person commits third degree assault on a family or household member if the person purposely creates apprehension of imminent physical injury to a family or household member. (b) Third degree assault on a family or household member is a Class C misdemeanor.

(a) The abused in any misdemeanor or felony domestic violence offense shall not bear the costs associated with the filing of a criminal charge against the domestic violence offender or the costs associated with the issuance or service of a warrant and witness subpoena, except as …

In a case involving domestic or family violence, a court shall not order residential confinement as a condition of bond or probation for a defendant in any household shared by the defendant and the alleged victim.

For purposes of § 5-26-303(b)(2), § 5-26-304(b)(2), and § 5-26-305(b)(2), a woman is considered pregnant four (4) weeks after conception.

A person who is convicted of any misdemeanor of domestic violence shall be notified by the court that it is unlawful for the person to ship, transport, or possess a firearm or ammunition pursuant to 18 U.S.C. § 922(g)(8) and (9), as they existed on January 1, 2007.

(a) As used in this section:(1) “Identifiable” means recognizable as a specific person by:(A) The person's face, likeness, or other distinguishing characteristic; or(B) Any additional information that states the identity or purported identity of the person; and(2) “Intimate image…

(a) A person commits the offense of nonsupport if he or she fails to provide support to the person's:(1) Spouse who is physically or mentally infirm or financially dependent;(2) Legitimate child who is less than eighteen (18) years of age;(3) Illegitimate child who is less than e…

(a) When any person is liable to be prosecuted under § 5-26-401, he or she may be indicted, tried, and convicted in:(1) The county where the violation of § 5-26-401 originally occurred;(2) Any county where he or she might be apprehended; or(3) The county where the injured spouse …

(a) No other evidence is required to prove marriage of a husband and wife or that the defendant is the lawful parent of a legitimate child or has acknowledged paternity of an illegitimate child than is required to prove this fact in a civil action. (b) The spouse and parent is a …

When a fine is imposed a court may direct that it be paid in whole or in part to a spouse or to a guardian or custodian of a child.

(1) At any time before a trial or pending appeal, upon motion of a complainant and upon notice to the defendant, the court may:(1) Enter a temporary support order as it deems just, providing for the support of a neglected spouse or child, pendente lite; and(2) Punish for violatio…

(a) In its discretion, the original trial court may:(1) Order a defendant who violates § 5-26-401 to pay a certain sum periodically, for a time not to exceed one (1) year, to the spouse or to the guardian or custodian of a child; and(2) Release the defendant from custody upon the…

(1) The original trial court may issue the order provided in § 5-26-414:(1) Before the trial, with the consent of the defendant;(2) At the trial, on entry of plea of guilty; or(3) After conviction, in lieu of a penalty provided in § 5-26-401 or in addition to a penalty provided i…

(a) When the original trial court is satisfied by information and proof under oath that any time during the year the defendant has violated a term of its order, the original trial court shall proceed with the trial of the defendant under the original conviction, or enforce the or…

(a) (1) A person commits the offense of interference with visitation if, knowing that he or she has no lawful right to do so, he or she takes, entices, or keeps any minor from any person entitled by a court decree or order to the right of visitation with the minor.(2) A person cl…

(a) A person commits the offense of interference with court-ordered custody if the person:(1) Knowing that he or she has no lawful right to do so, takes, entices, or keeps any minor from any person entitled by a court decree or order to the right of custody of the minor;(2) Witho…

(a) A person commits the offense of interference with custody if without lawful authority he or she knowingly takes, entices, or keeps, or aids, abets, hires, or otherwise procures another person to take, entice, or keep any minor from the custody of:(1) The parent of the minor i…