Domestic assault in the fourth degree, penalty
This law is about a lower-level type of assault between people who are in a domestic relationship (like family members, partners, or people who live together). A person breaks this law if they try to hurt that person, scare them into thinking they are about to be hurt, act carelessly in a way that could seriously hurt or kill them, touch them in a way they find offensive, or cut them off from other people, phones, or transportation on purpose. The first time someone is found guilty, it is a misdemeanor. If the person has been found guilty of this kind of offense two or more times before, it becomes a felony.
Classifications stated in the statute. Actual outcomes vary.
565.076. in the fourth degree, . — 1. A person commits the of domestic assault in the fourth degree if the act involves a , as the term "domestic victim" is defined under section 565.002, and:
(1) The person attempts to cause or causes , physical pain, or illness to such domestic victim;
(2) With the person causes physical injury to such domestic victim by means of a or ;
(3) The person purposely places such domestic victim in of immediate physical injury by any means;
(4) The person recklessly engages in conduct which creates a substantial risk of death or to such domestic victim;
(5) The person causes physical contact with such domestic victim knowing he or she will regard the contact as offensive; or
(6) The person knowingly attempts to cause or causes the of such domestic victim by unreasonably and substantially restricting or limiting his or her access to other persons, telecommunication devices or transportation for the purpose of isolation.
2. The offense of domestic assault in the fourth degree is a , unless the person has previously been of the offense of domestic assault, of any offense under this chapter, or of any offense against a domestic victim committed in violation of any in any state, any state law, any federal law, or any military law which if committed in this state two or more times would be a violation of this section, in which case it is a . The offenses described in this may be against the same domestic victim or against different domestic victims.
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Source & history notes
(L. 2014 S.B. 491, A.L. 2017 S.B. 34) Domestic assault, batterer intervention program ordered, costs, how paid, 595.320
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.