Introduced Version




Citations Affected: IC 35-42-2-1.3.

Synopsis: Domestic battery. Increases the penalties for domestic battery. Makes a technical correction.

Effective: July 1, 2010.

Duncan, Lawson L

    January 5, 2010, read first time and referred to Committee on Courts and Criminal Code.


Second Regular Session 116th General Assembly (2010)

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    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 35-42-2-1.3; (10)IN1007.1.1. -->     SECTION 1. IC 35-42-2-1.3, AS AMENDED BY P.L.129-2006, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1.3. (a) A person who knowingly or intentionally touches an individual who:
        (1) is or was a spouse of the other person;
        (2) is or was living as if a spouse of the other person as provided in subsection (c); or
        (3) has a child in common with the other person;
in a rude, insolent, or angry manner that results in bodily injury to the person described in subdivision (1), (2), or (3) commits domestic battery, a Class A misdemeanor. Class D felony.
    (b) However, the offense under subsection (a) is a Class D Class C felony if the person who committed the offense:
        (1) has a previous, unrelated conviction:
            (A) under this section; (or IC 35-42-2-1(a)(2)(E) before its repeal); or
            (B) in any other jurisdiction, including a military court, in

which the elements of the crime for which the conviction was entered are substantially similar to the elements described in this section; or
        (2) committed the offense in the physical presence of a child less than sixteen (16) years of age, knowing that the child was present and might be able to see or hear the offense.
    (c) In considering whether a person is or was living as a spouse of another individual in subsection (a)(2), the court shall review the following:
        (1) The duration of the relationship.
        (2) The frequency of contact.
        (3) The financial interdependence.
        (4) Whether the two (2) individuals are raising children together.
        (5) Whether the two (2) individuals have engaged in tasks directed toward maintaining a common household. and
        (6) Other factors the court considers relevant.