Title 18, Crimes and Criminal ProcedureRelease 119-110

§117 Domestic Assault by an Habitual Offender

Title 18 › PART I — CRIMES › CHAPTER 7 — ASSAULT › § 117

Last updated Sep 22, 2026|Official source

Summary

Anyone who commits a domestic assault in areas under U.S. federal control or in Indian country, and who already has at least two final convictions on separate occasions in federal, state, or tribal courts for crimes that under federal rules count as assault, sexual abuse, serious violent felonies against a spouse, partner, or child in their care, or offenses under chapter 110A, can be fined, jailed for up to 5 years, or both. If the victim suffers substantial bodily injury, the jail term can be up to 10 years. Domestic assault here means an assault by a current or former spouse, parent, child, or guardian of the victim; by someone who shares a child with the victim; by someone who lives or lived with the victim as family; or by someone in a similar family-like relationship.

Full Legal Text

Title 18, §117

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)In General.—
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,
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.
(b)Domestic Assault Defined.—
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.

Legislative History

Notes & Related Subsidiaries

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”.

Reference

Citations & Metadata

Citation

18 U.S.C. § 117

Title 18, Crimes and Criminal Procedure

Last Updated

Sep 22, 2026

Release point: 119-110