# Ark. Code Ann. § 5-26-305: Domestic battering in the third degree

> Arkansas · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C26_S3_S5-26-305

## Section

- **Citation:** Ark. Code Ann. § 5-26-305
- **Heading:** Domestic battering in the third 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 5-26-305

## Text

(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.

(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.

(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.
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.

(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.

(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.

(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.

## 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)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AR_T5_C26_S3_S5-26-305. Check the current official text before relying on it. Not legal advice.