Code of Alabama - Title 13A: Criminal Code - Section 13A-6-132 - Domestic violence - Third degree
Legal Research Home > Code of Alabama
Section 13A-6-132 - Domestic violence - Third degree.
(a) A person commits domestic violence in the third degree if the person commits the crime of assault in the third degree pursuant to Section 13A-6-22; the crime of menacing pursuant to Section 13A-6-23; the crime of reckless endangerment pursuant to Section 13A-6-24; the crime of criminal coercion pursuant to Section 13A-6-25; the crime of harassment pursuant to subsection (a) of Section 13A-11-8; the crime of criminal surveillance pursuant to Section 13A-11-32; the crime of harassing communications pursuant to subsection (b) of Section 13A-11-8; the crime of criminal trespass in the third degree pursuant to Section 13A-7-4; the crime of criminal mischief in the second or third degree pursuant to Sections 13A-7-22 and 13A-7-23; or the crime of arson in the third degree pursuant to Section 13A-7-43; and the victim is a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating or engagement relationship with the defendant. Domestic violence in the third degree is a Class A misdemeanor.
(b) The minimum term of imprisonment imposed under subsection (a) shall be 30 days without consideration of reduction in time if a defendant willfully violates a protection order issued by a court of competent jurisdiction and in the process of violating the order commits domestic violence in the third degree.
(c) A second conviction under subsection (a) is a Class A misdemeanor, except the defendant shall serve a minimum term of imprisonment of 10 days in a city or county jail or detention facility without consideration for any reduction in time.
(d) A third or subsequent conviction under subsection (a) is a Class C felony.
(e) For purposes of determining second, third, or subsequent number of convictions, convictions in municipal court shall be included.
(Act 2000-266, p. 411, §3; Act 2011-581, p. 1273, §1.)Sections: Previous 13A-6-123 13A-6-124 13A-6-125 13A-6-126 13A-6-127 13A-6-130 13A-6-131 13A-6-132 13A-6-133 13A-6-134 13A-6-135 13A-6-136 13A-6-137 13A-6-138 13A-6-139 Next
Last modified: March 18, 2014