565.074. Domestic assault, third degree--penalty. - Missouri Statutes

Domestic assault, third degree--penalty.

565.074. 1. A person commits the crime of domestic assault in thethird degree if the act involves a family or household member or an adultwho is or has been in a continuing social relationship of a romantic orintimate nature with the actor, as defined in section 455.010, RSMo, and:

(1) The person attempts to cause or recklessly causes physical injuryto such family or household member; or

(2) With criminal negligence the person causes physical injury tosuch family or household member by means of a deadly weapon or dangerousinstrument; or

(3) The person purposely places such family or household member inapprehension of immediate physical injury by any means; or

(4) The person recklessly engages in conduct which creates a graverisk of death or serious physical injury to such family or householdmember; or

(5) The person knowingly causes physical contact with such family orhousehold member knowing the other person will regard the contact asoffensive; or

(6) The person knowingly attempts to cause or causes the isolation ofsuch family or household member by unreasonably and substantiallyrestricting or limiting such family or household member's access to otherpersons, telecommunication devices or transportation for the purpose ofisolation.

2. Except as provided in subsection 3 of this section, domesticassault in the third degree is a class A misdemeanor.

3. A person who has pleaded guilty to or been found guilty of thecrime of domestic assault in the third degree more than two times againstany family or household member as defined in section 455.010, RSMo, isguilty of a class D felony for the third or any subsequent commission ofthe crime of domestic assault. The offenses described in this subsectionmay be against the same family or household member or against differentfamily or household members.

(L. 2000 H.B. 1677, et al.)