Title 18 — Crimes and Criminal Procedure
Part I · Chapter 7 — Assault
§ 117. Domestic assault by an habitual offender
Statutory text
In General.—
Any person who commits a domestic assault within the special maritime and territorial jurisdiction of the United States or Indian country and who has a final conviction on at least 2 separate prior occasions in Federal, State, or Indian tribal court proceedings for offenses that would be, if subject to Federal jurisdiction—
any assault, sexual abuse, or serious violent felony against a spouse or intimate partner, or against a child of or in the care of the person committing the domestic assault; or
an offense under chapter 110A,
shall be fined under this title, imprisoned for a term of not more than 5 years, or both, except that if substantial bodily injury results from violation under this section, the offender shall be imprisoned for a term of not more than 10 years.
Domestic Assault Defined.—
In this section, the term “domestic assault” means an assault committed by a current or former spouse, parent, child, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, parent, child, or guardian, or by a person similarly situated to a spouse, parent, child, or guardian of the victim.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Violence Against Women and Department of Justice Reauthorization Act of 2005
Pub. L. 109–162 title IX § 909 · 119 Stat. 2960
Enacted · 18 U.S.C. § 117
Added Pub. L. 109–162, title IX, § 909, Jan. 5, 2006, 119 Stat. 3084
Source evidence
Code source credit
Added Pub. L. 109–162, title IX, § 909, Jan. 5, 2006, 119 Stat. 3084Enacted provision · exact public law section
SEC. 909. DOMESTIC ASSAULT BY AN HABITUAL OFFENDER. Chapter 7 of title 18, United States Code, is amended by adding at the end the following: “§ 117. Domestic assault by an habitual offender “(a) In General.— Any person who commits a domestic assault within the special maritime and territorial jurisdiction of the United States or Indian country and who has a final conviction on at least 2 separate prior occasions in Federal, State, or Indian tribal court proceedings for offenses that would be, if subject to Federal jurisdiction— “(1) any assault, sexual abuse, or serious violent felony against a spouse or intimate partner; or “(2) an offense under chapter 110A, shall be fined under this title, imprisoned for a term of not more than 5 years, or both, except that if substantial bodily injury results from violation under this section, the offender shall be imprisoned for a term of not more than 10 years. “(b) Domestic Assault Defined.— In this section, the term ‘domestic assault’ means an assault committed by a current or former spouse, parent, child, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, parent, child, or guardian, or by a person similarly situated to a spouse, parent, child, or guardian of the victim.” .Kilah Davenport Child Protection Act of 2013
Pub. L. 113–104 § 3 · 128 Stat. 1156
Inserted · 18 U.S.C. § 117(a)(1)
Pub. L. 113–104 inserted “, or against a child of or in the care of the person committing the domestic assault” after “intimate partner”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 113–104 inserted “, or against a child of or in the care of the person committing the domestic assault” after “intimate partner”.Enacted provision · exact public law section
SEC. 3. EXPANSION OF PREDICATE FOR INCREASED PENALTIES FOR CERTAIN DOMESTIC ASSAULTS. Section 117(a)(1) of title 18, United States Code, is amended by inserting “, or against a child of or in the care of the person committing the domestic assault” after “intimate partner”.
2 of 2 references resolved to an enrolled provision
Editorial Notes
Amendments
2014—Subsec. (a)(1). Pub. L. 113–104 inserted “, or against a child of or in the care of the person committing the domestic assault” after “intimate partner”.
Credits
2006–2014 · 2 acts
- 2006Added Pub. L. 109–162, title IX, § 909, , 119 Stat. 3084
- 2014amended Pub. L. 113–104, § 3, , 128 Stat. 1156.
Show as published
(Added Pub. L. 109–162, title IX, § 909, , 119 Stat. 3084; amended Pub. L. 113–104, § 3, , 128 Stat. 1156.)