# Ark. Code Ann. § 5-26-304: Domestic battering in the second degree > Arkansas · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C26_S3_S5-26-304 ## Section - **Citation:** Ark. Code Ann. § 5-26-304 - **Heading:** Domestic battering in the second 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 5-26-304 ## Text (a) A person commits domestic battering in the second degree if: (1) With the purpose of causing physical injury to a family or household member, the person causes serious physical injury to a family or household member; (2) 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 deadly weapon; (3) The person recklessly causes serious physical injury to a family or household member: (A) By means of a deadly weapon; or (B) Who is four (4) years of age or younger; or (4) The person knowingly causes 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. (b) (1) Domestic battering in the second degree is a Class C felony. (2) However, domestic battering in the second degree is a Class B 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 second degree: (i) Domestic battering in the first degree, § 5-26-303 ; (ii) Domestic battering in the second degree; (iii) Domestic battering in the third degree, § 5-26-305 ; (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. 849,§ 3, eff. 8/1/2023. Amended by Act 2023, No. 736,§ 6, eff. 8/1/2023. Amended by Act 2021, No. 1086,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 512,§ 2, eff. 7/28/2021. Amended by Act 2013, No. 417,§ 2, eff. 8/16/2013. Acts 1979, No. 396, § 2; A.S.A. 1947, § 41-1654; Acts 1995, No. 1291, § 2; 1999, No. 1365, § 2; 2001, No. 1553, § 9; 2003, No. 944, § 2; 2003, No. 1079, § 1; 2005, No. 1994, § 481; 2009, No. 194, § 2. (a) A person commits domestic battering in the second degree if: (1) With the purpose of causing physical injury to a family or household member, the person causes serious physical injury to a family or household member; (2) 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 deadly weapon; (3) The person recklessly causes serious physical injury to a family or household member: (A) By means of a deadly weapon; or (B) Who is four (4) years of age or younger; or (4) The person knowingly causes 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. (1) With the purpose of causing physical injury to a family or household member, the person causes serious physical injury to a family or household member; (2) 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 deadly weapon; (3) The person recklessly causes serious physical injury to a family or household member: (A) By means of a deadly weapon; or (B) Who is four (4) years of age or younger; or (A) By means of a deadly weapon; or (B) Who is four (4) years of age or younger; or (4) The person knowingly causes 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. rious physical injury to a family or household member: (A) By means of a deadly weapon; or (B) Who is four (4) years of age or younger; or (A) By means of a deadly weapon; or (B) Who is four (4) years of age or younger; or (4) The person knowingly causes 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. (b) (1) Domestic battering in the second degree is a Class C felony. (2) However, domestic battering in the second degree is a Class B 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 second degree: (i) Domestic battering in the first degree, § 5-26-303 ; (ii) Domestic battering in the second degree; (iii) Domestic battering in the third degree, § 5-26-305 ; (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. (1) Domestic battering in the second degree is a Class C felony. (2) However, domestic battering in the second degree is a Class B 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 second degree: (i) Domestic battering in the first degree, § 5-26-303 ; (ii) Domestic battering in the second degree; (iii) Domestic battering in the third degree, § 5-26-305 ; (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. (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 second degree: (i) Domestic battering in the first degree, § 5-26-303 ; (ii) Domestic battering in the second degree; (iii) Domestic battering in the third degree, § 5-26-305 ; (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. (i) Domestic battering in the first degree, § 5-26-303 ; (ii) Domestic battering in the second degree; (iii) Domestic battering in the third degree, § 5-26-305 ; (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. 849,§ 3, eff. 8/1/2023. Amended by Act 2023, No. 736,§ 6, eff. 8/1/2023. Amended by Act 2021, No. 1086,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 512,§ 2, eff. 7/28/2021. Amended by Act 2013, No. 417,§ 2, eff. 8/16/2013. Acts 1979, No. 396, § 2; A.S.A. 1947, § 41-1654; Acts 1995, No. 1291, § 2; 1999, No. 1365, § 2; 2001, No. 1553, § 9; 2003, No. 944, § 2; 2003, No. 1079, § 1; 2005, No. 1994, § 481; 2009, No. 194, § 2. ## 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_S5-26-304. Check the current official text before relying on it. Not legal advice.