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

Summary

Makes it a crime to commit a domestic assault in U.S. special maritime or territorial areas or in Indian country if the person has 2 prior final convictions in federal, state, or tribal courts for either violent or sexual offenses against a spouse, intimate partner, or a child in their care, or for an offense under chapter 110A. Domestic assault means an assault by a current or former spouse, parent, child, guardian, someone who shares a child, or someone 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