Missouri Domestic Assault Crimes

(Effective August 28, 2000)

1. Domestic Assault in the First Degree (565.072):

2. Domestic Assault in the Second Degree (565.073):

2. Domestic assault in the second degree is a class C felony.

3. Domestic Assault in the Third Degree (565.074):

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

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

(2) With criminal negligence the person causes physical injury to such family or household member by means of a deadly weapon or dangerous instrument; or

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

(4) The person recklessly engages in conduct which creates a grave risk of death or serious physical injury to such family or household member; or

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

(6) The person knowingly attempts to cause or causes the isolation of such family or household member by unreasonably and substantially restricting or limiting such family or household member’s access to other persons, telecommunication devices or transportation for the purpose of isolation.

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

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

NOTES:

1. The biggest change in the 2000 laws from the former statutes is that domestic assaults that were formerly class A misdemeanors (such as slapping, punching, pulling the hair, kicking, etc.) are now class C felonies (Domestic Assault in the Second degree under Section 565.073, RSMo) if the defendant has the necessary family relationship to the victim. All the prosecution must show is that the Defendant caused or attempted to cause a "physical injury" to his victim. "Physical injury" is defined at 556.061 (20) as follows: "‘Physical injury’ means physical pain, illness, or any impairment of physical condition." Thus, a domestic assault incident in which one person is causing or attempting to cause merely physical pain to the other person is committing a class C felony under this new law.

2. The second biggest change is that the prosecution will now have an extra element to prove in each case. We will need to prove beyond a reasonable doubt the family relationship between the victim and the perpetrator. Notice that the relationship we need to prove is that the defendant is a family or household member or an adult who is or has been in a continuing social relationship of a romantic or intimate nature with the actor. Section 455.010, RSMo, gives the following definition of family or household member: "‘Family’ or ‘household member,’ [means] spouses, former spouses, adults related by blood or marriage, adults who are presently residing together or have resided together in the past, an adult who is or has been in a continuing social relationship of a romantic or intimate nature with the victim, and adults who have a child in common regardless of whether they have been married or have resided together at any time." Officers taking statements from the victim and the suspect should always try to get admissions about the nature of the relationship from the suspect, plus information about the nature of the relationship from the victim.

3. Other changes appear in the misdemeanor of domestic assault in the third degree. An assault committed by an offensive touching, normally a class C misdemeanor when committed upon a stranger, is a class A misdemeanor when committed upon a family member. An assault committed by putting the victim in apprehension of immediate physical injury, normally a class C misdemeanor when committed upon a stranger, is a class A misdemeanor when committed upon a family member. A new type of assault is created in subparagraph (6) of 565.074, RSMo, for a situation wherein the Defendant has knowingly caused or attempted to cause the isolation of a family member by unreasonably limiting or restricting access to other persons, telecommunication devices or transportation.

4. As to Domestic Assault in the First Degree, it is basically no different from the regular assault in the first degree charge, except the need to prove the additional element of the family relationship. Like assault in the first degree, it will be a class B felony unless the defendant has inflicted "serious physical injury" upon the victim. Recall that under Section 556.061 (28), "serious physical injury" is defined as "an injury that creates a substantial risk of death or that causes serious disfigurement or protracted loss or impairment of the function of any part of the body."

5. The traditional assault crimes (assault first, second and third degree) still exist and can be used in all cases, whether the victim was a family member or a complete stranger. Thus, we can still proceed under the traditional assault statutes when we choose to do so. In general, the Prosecuting Attorney’s Office will file a domestic violence assault case under one of the domestic assault crimes if we can prove the relationship between the victim and the perpetrator. We would like for law enforcement officers to investigate them and write them up as domestic assault in the first, second or third degree.

6. Investigating officers should keep in mind the importance of getting a detailed statement from the victim at the time the assault happened. If the victim later becomes uncooperative with the prosecution it is sometimes possible to still make the case based upon the hearsay statements made by the victim to the investigating officer. In other words, in many instances, the investigating officer will be allowed to testify, "Here is what she told me that night . . ." Unless a defendant qualifies for the Domestic Violence Diversion Program, it is the policy of the prosecutor’s office that we will try to stop the cycle of violence by refusing to dismiss domestic violence cases even when the victim is uncooperative as long as we are convinced that the assault truly happened and we still have a reasonably good chance of winning the case even without the help of the victim.