United States Code

USC most recently checked for updates: Aug 08, 2022

§ 117.
Domestic assault by an habitual offender
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.
(Added Pub. L. 109–162, title IX, § 909, Jan. 5, 2006, 119 Stat. 3084; amended Pub. L. 113–104, § 3, May 20, 2014, 128 Stat. 1156.)
cite as: 18 USC 117