# Ark. Code Ann. § 5-26-303: Domestic battering in the first degree > Arkansas · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C26_S3_S5-26-303 ## Section - **Citation:** Ark. Code Ann. § 5-26-303 - **Heading:** Domestic battering in the first degree - **Jurisdiction:** Arkansas - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** AR Code / Title 5 / Chapter 26 / Subchapter 3 / Section 5-26-303 ## Text (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 seriously and permanently disfiguring a family or household member or of destroying, amputating, or permanently disabling a member or organ of a family or household member's body, the person causes such an injury to a family or household member; (3) The person causes serious physical injury to a family or household member under circumstances manifesting extreme indifference to the value of human life; (4) The person knowingly causes serious physical injury to a family or household member he or she knows to be sixty (60) years of age or older or twelve (12) years of age or younger; (5) The person: (A) Commits any act of domestic battering as defined in § 5-26-304 or § 5-26-305 ; and (B) For conduct that occurred within the ten (10) years preceding the commission of the current offense, the person has on two (2) previous occasions been convicted of any act of battery against a family or household member or aggravated assault on a family or household member, as defined by the laws of this state or by the equivalent laws of any other state or foreign jurisdiction; (6) With the purpose of causing physical injury to a family or household member, the person causes physical injury to a family or household member by means of a firearm; or (7) The person knowingly causes serious physical injury to a family or household member who is four (4) years of age or younger under circumstances manifesting extreme indifference to the value of human life. (b) (1) Domestic battering in the first degree is a Class B felony. (2) However, domestic battering in the first degree is a: (A) Class Y felony under subdivision (a)(2) or subdivision (a)(7) of this section; or (B) Class A felony under subsection (a) of this section if: (i) Committed against a woman the person knew or reasonably should have known was pregnant; or (ii) The person committed one (1) or more of the following offenses within five (5) years of the offense of domestic battering in the first degree: (a) Domestic battering in the first degree; (b) Domestic battering in the second degree, § 5-26-304 ; (c) Domestic battering in the third degree, § 5-26-305 ; (d) Aggravated assault on a family or household member, § 5-26-306 ; or (e) A violation of an equivalent penal law of this state or of another state or foreign jurisdiction. Amended by Act 2023, No. 849,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 849,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 736,§ 5, eff. 8/1/2023. Amended by Act 2019, No. 498,§ 2, eff. 7/24/2019. Amended by Act 2017, No. 301,§ 1, eff. 8/1/2017. Amended by Act 2013, No. 417,§ 1, eff. 8/16/2013. Acts 1979, No. 396, § 1; A.S.A. 1947, § 41-1653; Acts 1995, No. 1291, § 1; 1999, No. 1317, § 2; 1999, No. 1365, § 1; 2001, No. 1553, § 8; 2003, No. 944, § 1; 2003, No. 1079, § 1; 2005, No. 1994, § 481; 2007, No. 671, § 1; 2009, No. 194, § 1; 2009, No. 748, § 16; 2011, No. 1120, § 7. , eff. 7/24/2019. Amended by Act 2017, No. 301,§ 1, eff. 8/1/2017. Amended by Act 2013, No. 417,§ 1, eff. 8/16/2013. Acts 1979, No. 396, § 1; A.S.A. 1947, § 41-1653; Acts 1995, No. 1291, § 1; 1999, No. 1317, § 2; 1999, No. 1365, § 1; 2001, No. 1553, § 8; 2003, No. 944, § 1; 2003, No. 1079, § 1; 2005, No. 1994, § 481; 2007, No. 671, § 1; 2009, No. 194, § 1; 2009, No. 748, § 16; 2011, No. 1120, § 7. (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 seriously and permanently disfiguring a family or household member or of destroying, amputating, or permanently disabling a member or organ of a family or household member's body, the person causes such an injury to a family or household member; (3) The person causes serious physical injury to a family or household member under circumstances manifesting extreme indifference to the value of human life; (4) The person knowingly causes serious physical injury to a family or household member he or she knows to be sixty (60) years of age or older or twelve (12) years of age or younger; (5) The person: (A) Commits any act of domestic battering as defined in § 5-26-304 or § 5-26-305 ; and (B) For conduct that occurred within the ten (10) years preceding the commission of the current offense, the person has on two (2) previous occasions been convicted of any act of battery against a family or household member or aggravated assault on a family or household member, as defined by the laws of this state or by the equivalent laws of any other state or foreign jurisdiction; (6) With the purpose of causing physical injury to a family or household member, the person causes physical injury to a family or household member by means of a firearm; or (7) The person knowingly causes serious physical injury to a family or household member who is four (4) years of age or younger under circumstances manifesting extreme indifference to the value of human life. (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 seriously and permanently disfiguring a family or household member or of destroying, amputating, or permanently disabling a member or organ of a family or household member's body, the person causes such an injury to a family or household member; (3) The person causes serious physical injury to a family or household member under circumstances manifesting extreme indifference to the value of human life; (4) The person knowingly causes serious physical injury to a family or household member he or she knows to be sixty (60) years of age or older or twelve (12) years of age or younger; (5) The person: (A) Commits any act of domestic battering as defined in § 5-26-304 or § 5-26-305 ; and (B) For conduct that occurred within the ten (10) years preceding the commission of the current offense, the person has on two (2) previous occasions been convicted of any act of battery against a family or household member or aggravated assault on a family or household member, as defined by the laws of this state or by the equivalent laws of any other state or foreign jurisdiction; (A) Commits any act of domestic battering as defined in § 5-26-304 or § 5-26-305 ; and (B) For conduct that occurred within the ten (10) years preceding the commission of the current offense, the person has on two (2) previous occasions been convicted of any act of battery against a family or household member or aggravated assault on a family or household member, as defined by the laws of this state or by the equivalent laws of any other state or foreign jurisdiction; -26-305 ; and (B) For conduct that occurred within the ten (10) years preceding the commission of the current offense, the person has on two (2) previous occasions been convicted of any act of battery against a family or household member or aggravated assault on a family or household member, as defined by the laws of this state or by the equivalent laws of any other state or foreign jurisdiction; (6) With the purpose of causing physical injury to a family or household member, the person causes physical injury to a family or household member by means of a firearm; or (7) The person knowingly causes serious physical injury to a family or household member who is four (4) years of age or younger under circumstances manifesting extreme indifference to the value of human life. (b) (1) Domestic battering in the first degree is a Class B felony. (2) However, domestic battering in the first degree is a: (A) Class Y felony under subdivision (a)(2) or subdivision (a)(7) of this section; or (B) Class A felony under subsection (a) of this section if: (i) Committed against a woman the person knew or reasonably should have known was pregnant; or (ii) The person committed one (1) or more of the following offenses within five (5) years of the offense of domestic battering in the first degree: (a) Domestic battering in the first degree; (b) Domestic battering in the second degree, § 5-26-304 ; (c) Domestic battering in the third degree, § 5-26-305 ; (d) Aggravated assault on a family or household member, § 5-26-306 ; or (e) A violation of an equivalent penal law of this state or of another state or foreign jurisdiction. (1) Domestic battering in the first degree is a Class B felony. (2) However, domestic battering in the first degree is a: (A) Class Y felony under subdivision (a)(2) or subdivision (a)(7) of this section; or (B) Class A felony under subsection (a) of this section if: (i) Committed against a woman the person knew or reasonably should have known was pregnant; or (ii) The person committed one (1) or more of the following offenses within five (5) years of the offense of domestic battering in the first degree: (a) Domestic battering in the first degree; (b) Domestic battering in the second degree, § 5-26-304 ; (c) Domestic battering in the third degree, § 5-26-305 ; (d) Aggravated assault on a family or household member, § 5-26-306 ; or (e) A violation of an equivalent penal law of this state or of another state or foreign jurisdiction. (A) Class Y felony under subdivision (a)(2) or subdivision (a)(7) of this section; or (B) Class A felony under subsection (a) of this section if: (i) Committed against a woman the person knew or reasonably should have known was pregnant; or (ii) The person committed one (1) or more of the following offenses within five (5) years of the offense of domestic battering in the first degree: (a) Domestic battering in the first degree; (b) Domestic battering in the second degree, § 5-26-304 ; (c) Domestic battering in the third degree, § 5-26-305 ; (d) Aggravated assault on a family or household member, § 5-26-306 ; or (e) A violation of an equivalent penal law of this state or of another state or foreign jurisdiction. (i) Committed against a woman the person knew or reasonably should have known was pregnant; or (ii) The person committed one (1) or more of the following offenses within five (5) years of the offense of domestic battering in the first degree: (a) Domestic battering in the first degree; (b) Domestic battering in the second degree, § 5-26-304 ; (c) Domestic battering in the third degree, § 5-26-305 ; (d) Aggravated assault on a family or household member, § 5-26-306 ; or (e) A violation of an equivalent penal law of this state or of another state or foreign jurisdiction. (a) Domestic battering in the first degree; (b) Domestic battering in the second degree, § 5-26-304 ; (c) Domestic battering in the third degree, § 5-26-305 ; 6-304 ; (c) Domestic battering in the third degree, § 5-26-305 ; (d) Aggravated assault on a family or household member, § 5-26-306 ; or (e) A violation of an equivalent penal law of this state or of another state or foreign jurisdiction. (a) Domestic battering in the first degree; (b) Domestic battering in the second degree, § 5-26-304 ; (c) Domestic battering in the third degree, § 5-26-305 ; (d) Aggravated assault on a family or household member, § 5-26-306 ; or (e) A violation of an equivalent penal law of this state or of another state or foreign jurisdiction. Amended by Act 2023, No. 849,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 849,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 736,§ 5, eff. 8/1/2023. Amended by Act 2019, No. 498,§ 2, eff. 7/24/2019. Amended by Act 2017, No. 301,§ 1, eff. 8/1/2017. Amended by Act 2013, No. 417,§ 1, eff. 8/16/2013. Acts 1979, No. 396, § 1; A.S.A. 1947, § 41-1653; Acts 1995, No. 1291, § 1; 1999, No. 1317, § 2; 1999, No. 1365, § 1; 2001, No. 1553, § 8; 2003, No. 944, § 1; 2003, No. 1079, § 1; 2005, No. 1994, § 481; 2007, No. 671, § 1; 2009, No. 194, § 1; 2009, No. 748, § 16; 2011, No. 1120, § 7. ## Nearby sections - [Ark. Code Ann. § 5-26-301 Legislative intent](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C26_S3_S5-26-301.md) - [Ark. Code Ann. § 5-26-302 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C26_S3_S5-26-302.md) - [Ark. Code Ann. § 5-26-303 Domestic battering in the first degree](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C26_S3_S5-26-303.md) - [Ark. Code Ann. § 5-26-304 Domestic battering in the second degree](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C26_S3_S5-26-304.md) - [Ark. Code Ann. § 5-26-305 Domestic battering in the third degree](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C26_S3_S5-26-305.md) - [Ark. Code Ann. § 5-26-306 Aggravated assault on a family or household member](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C26_S3_S5-26-306.md) - [Ark. Code Ann. § 5-26-307 First degree assault on family or household member](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C26_S3_S5-26-307.md) - [Ark. Code Ann. § 5-26-308 Second degree assault on family or household member](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C26_S3_S5-26-308.md) - [Ark. Code Ann. § 5-26-309 Third degree assault on a family or household member](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C26_S3_S5-26-309.md) - [Ark. Code Ann. § 5-26-310 Costs](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C26_S3_S5-26-310.md) - [Ark. Code Ann. § 5-26-311 Residential confinement in home of victim prohibited](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C26_S3_S5-26-311.md) - [Ark. Code Ann. § 5-26-312 Determination of pregnancy](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C26_S3_S5-26-312.md) - [Ark. Code Ann. § 5-26-313 Notice](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C26_S3_S5-26-313.md) - [Ark. Code Ann. § 5-26-314 Unlawful distribution of sexual images or recordings](https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C26_S3_S5-26-314.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C26_S3_S5-26-303. Check the current official text before relying on it. Not legal advice.