§35.3. Domestic abuse battery
A. Domestic abuse battery is the intentional use of force or violence committed by
one household member or family member upon the person of another household member or
family member.
B. For purposes of this Section:
(1) "Burning" means an injury to flesh or skin caused by heat, electricity, friction,
radiation, or any other chemical or thermal reaction.
(2) "Community service activities" as used in this Section may include duty in any
morgue, coroner's office, or emergency treatment room of a state-operated hospital or other
state-operated emergency treatment facility, with the consent of the administrator of the
morgue, coroner's office, hospital, or facility.
(3) "Court-monitored domestic abuse intervention program" means a program,
comprised of a minimum of twenty-six in-person sessions occurring over a minimum of
twenty-six weeks, that follows a model designed specifically for perpetrators of domestic
abuse. The offender's progress in the program shall be monitored by the court. The provider
of the program shall have all of the following:
(a) Experience in working directly with perpetrators and victims of domestic abuse.
(b) Experience in facilitating batterer intervention groups.
(c) Training in the causes and dynamics of domestic violence, characteristics of
batterers, victim safety, and sensitivity to victims.
(4) "Family member" means spouses, former spouses, parents, children, stepparents,
stepchildren, foster parents, foster children, other ascendants, and other descendants.
"Family member" also means the other parent or foster parent of any child or foster child of
the offender.
(5) "Household member" means any person presently or formerly living in the same
residence with the offender and who is involved or has been involved in a sexual or intimate
relationship with the offender, or any child presently or formerly living in the same residence
with the offender, or any child of the offender regardless of where the child resides.
(6) Repealed by Acts 2019, No. 2, §3.
(7) "Strangulation" means intentionally impeding the normal breathing or circulation
of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of
the victim.
C. On a first conviction, notwithstanding any other provision of law to the contrary,
the offender shall be fined not less than three hundred dollars nor more than one thousand
dollars and shall be imprisoned for not less than thirty days nor more than six months. At
least forty-eight hours of the sentence imposed shall be served without benefit of parole,
probation, or suspension of sentence. Imposition or execution of the remainder of the
sentence shall not be suspended unless either of the following occurs:
(1) The offender is placed on probation with a minimum condition that he serve four
days in jail and complete a court-monitored domestic abuse intervention program, and the
offender shall not own or possess a firearm throughout the entirety of the sentence.
(2) The offender is placed on probation with a minimum condition that he perform
eight, eight-hour days of court-approved community service activities and complete a court-monitored domestic abuse intervention program, and the offender shall not own or possess
a firearm throughout the entirety of the sentence.
D. On a conviction of a second offense, notwithstanding any other provision of law
to the contrary, regardless of whether the second offense occurred before or after the first
conviction, the offender shall be fined not less than seven hundred fifty dollars nor more than
one thousand dollars and shall be imprisoned with or without hard labor for not less than
sixty days nor more than one year. At least fourteen days of the sentence imposed shall be
served without benefit of parole, probation, or suspension of sentence, and the offender shall
be required to complete a court-monitored domestic abuse intervention program. Imposition
or execution of the remainder of the sentence shall not be suspended unless either of the
following occurs:
(1) The offender is placed on probation with a minimum condition that he serve
thirty days in jail and complete a court-monitored domestic abuse intervention program, and
the offender shall not own or possess a firearm throughout the entirety of the sentence.
(2) The offender is placed on probation with a minimum condition that he perform
thirty eight-hour days of court-approved community service activities and complete a court-monitored domestic abuse intervention program, and the offender shall not own or possess
a firearm throughout the entirety of the sentence.
E. On a conviction of a third offense, notwithstanding any other provision of law to
the contrary and regardless of whether the offense occurred before or after an earlier
conviction, the offender shall be imprisoned with or without hard labor for not less than one
year nor more than five years and shall be fined two thousand dollars. The first year of the
sentence of imprisonment shall be imposed without benefit of probation, parole, or
suspension of sentence.
F.(1) Except as otherwise provided in Paragraph (2) of this Subsection, on a
conviction of a fourth or subsequent offense, notwithstanding any other provision of law to
the contrary and regardless of whether the fourth offense occurred before or after an earlier
conviction, the offender shall be imprisoned with hard labor for not less than ten years nor
more than thirty years and shall be fined five thousand dollars. The first three years of the
sentence of imprisonment shall be imposed without benefit of probation, parole, or
suspension of sentence.
(2) If the offender has previously received the benefit of suspension of sentence,
probation, or parole as a fourth or subsequent offender, no part of the sentence may be
imposed with benefit of suspension of sentence, probation, or parole, and no portion of the
sentence shall be imposed concurrently with the remaining balance of any sentence to be
served for a prior conviction for any offense.
G.(1) For purposes of determining whether an offender has a prior conviction for
violation of this Section, a conviction under this Section, or a conviction under the laws of
any state or an ordinance of a municipality, town, or similar political subdivision of another
state which prohibits the intentional use of force or violence committed by one household
member, family member, or dating partner upon another household member, family member,
or dating partner shall constitute a prior conviction.
(2) For purposes of this Section, a prior conviction shall not include a conviction for
an offense under this Section if the date of completion of sentence, probation, parole, or
suspension of sentence is more than ten years prior to the commission of the crime with
which the offender is charged, and such conviction shall not be considered in the assessment
of penalties hereunder. However, periods of time during which the offender was incarcerated
in a penal institution in this or any other state shall be excluded in computing the ten-year
period.
H. An offender ordered to complete a court-monitored domestic abuse intervention
program required by the provisions of this Section shall pay the cost incurred in participation
in the program. Failure to make such payment shall subject the offender to revocation of
probation, unless the court determines that the offender is unable to pay.
I. This Subsection shall be cited as the "Domestic Abuse Child Endangerment Law".
Notwithstanding any provision of law to the contrary, when the state proves, in addition to
the elements of the crime as set forth in Subsection A of this Section, that a minor child
thirteen years of age or younger was present at the residence or any other scene at the time
of the commission of the offense, the offender, in addition to any other penalties imposed
pursuant to this Section, shall be imprisoned at hard labor for not more than three years.
J. Any crime of violence, as defined in R.S. 14:2(B), against a person committed by
one household member against another household member, shall be designated as an act of
domestic abuse for consideration in any civil or criminal proceeding.
K. Notwithstanding any provision of law to the contrary, if the victim of domestic
abuse battery is pregnant and the offender knows that the victim is pregnant at the time of
the commission of the offense, the offender, in addition to any other penalties imposed
pursuant to this Section, shall be imprisoned at hard labor for not more than three years.
L. Notwithstanding any provision of law to the contrary, if the domestic abuse
battery involves strangulation, the offender, in addition to any other penalties imposed
pursuant to this Section, shall be imprisoned at hard labor for not more than three years.
M.(1) Notwithstanding any provision of law to the contrary, if the domestic abuse
battery is committed by burning, the offender, in addition to any other penalties imposed
pursuant to this Section, shall be imprisoned at hard labor for not more than three years.
(2) If the burning results in serious bodily injury, the offense shall be classified as
a crime of violence, and the offender, in addition to any other penalties imposed pursuant to
this Section, shall be imprisoned at hard labor for not less than five nor more than fifty years
without benefit of probation, parole, or suspension of sentence.
N. Except as provided in Paragraph (M)(2) and Subsection P of this Section, if the
offender intentionally inflicts serious bodily injury, the offender, in addition to any other
penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more
than eight years.
O. Except as provided in Subsection P of this Section, if the intentional use of force
or violence is committed with a dangerous weapon, the offender, in addition to any other
penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more
than ten years.
P. Notwithstanding any provision of law to the contrary, if the intentional use of
force or violence is committed with a dangerous weapon when the offender intentionally
inflicts serious bodily injury, the offender, in addition to other penalties imposed pursuant
to this Section, shall be imprisoned at hard labor for not more than fifteen years.
Acts 2003, No. 1038, §1; Acts 2004, No. 144, §1; Acts 2006, No. 559, §1; Acts 2007,
No. 101, §1; Acts 2009, No. 90, §1; Acts 2009, No. 245, §1, eff. July 1, 2009; Acts 2010,
No. 380, §1; Acts 2011, No. 284, §1; Acts 2012, No. 437, §1; Acts 2012, No. 535, §1, eff.
June 5, 2012; Acts 2013, No. 289, §1, eff. June 14, 2013; Acts 2014, No. 194, §1; Acts 2015,
No. 440, §1; Acts 2016, No. 452, §1; Acts 2017, No. 79, §1; Acts 2018, No. 293, §1; Acts
2019, No. 2, §3; Acts 2020, No. 101, §1.