Arkansas Code of 1987 (2024)
Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101)
Subtitle 3 - OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. (§§ 5-25-101 — 5-29-205)
Chapter 26 - OFFENSES INVOLVING THE FAMILY (§§ 5-26-201 — 5-26-503)
Subchapter 3 - DOMESTIC BATTERING AND ASSAULT (§§ 5-26-301 — 5-26-314)
Section 5-26-305 - Domestic battering in the third degree

• (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 household member;
  • (3) The person negligently causes physical injury to a family or household member by means of a deadly weapon; or
  • (4) The person purposely causes stupor, unconsciousness, or physical or mental impairment or injury to a family or household member by administering to the family or household member, without the family or household member's consent, any drug or other substance.

• (b)
  • (1) Domestic battering in the third degree is a Class A misdemeanor.
  • (2) However, domestic battering in the third degree is a Class D felony if:
    • (A) Committed against a woman the person knew or reasonably should have known was pregnant; or
    • (B) The person committed one (1) or more of the following offenses within five (5) years of the offense of domestic battering in the third degree:
      • (i) Domestic battering in the first degree, § 5-26-303;
      • (ii) Domestic battering in the second degree, § 5-26-304;
      • (iii) Domestic battering in the third degree;
      • (iv) Aggravated assault on a family or household member, § 5-26-306; or
      • (v) A violation of an equivalent penal law of this state or of another state or foreign jurisdiction.

Amended by Act 2023, No. 736,§ 7, eff. 8/1/2023.

Amended by Act 2021, No. 1086,§ 2, eff. 7/28/2021.

Amended by Act 2015, No. 1155,§ 5, eff. 7/22/2015.

Amended by Act 2013, No. 417,§ 3, eff. 8/16/2013.

Acts 1979, No. 396, § 3; A.S.A. 1947, § 41-1655; Acts 1995, No. 1291, § 3; 1999, No. 1365, § 3; 2001, No. 1553, § 10; 2003, No. 944, § 3; 2003, No. 1079, § 1; 2005, No. 1994, § 481; 2009, No. 333, § 1.