Skip to content

Title 18 — Crimes and Criminal Procedure

Part I · Chapter 7 — Assault

§ 117. Domestic assault by an habitual offender

Statutory text

(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 against a child of or in the care of the person committing the domestic assault; 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.

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.

  1. 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. 3084

    Enacted 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.” .

  2. 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
  1. 2006Added Pub. L. 109–162, title IX, § 909, , 119 Stat. 3084
  2. 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.)

Parsed from the official OLRC USLM XML in data/usc_all/usc18.xml · release point 119-108 · OLRC build 2026-05-04

USLM identifier /us/usc/t18/s117