§ 62-85. Domestic abuse battery.

(a)

Domestic abuse battery is the intentional use of force or violence committed by one household member upon the person of another household member without the consent of the victim.

(b)

For purposes of this section:

Community service activities 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.

Household member means any person of the opposite sex living with the defendant as a spouse, whether married or not, in the same residence or structure presently or within five years of the occurrence of the domestic abuse battery.

(c)

On a first conviction, notwithstanding any other provision of law to the contrary, the offender shall be fined not less than $300.00 and not more than $1,000.00 and shall be imprisoned for not less than ten days and not more than six months. Imposition or execution of the sentence shall not be suspended unless:

(1)

The offender is placed on probation with a minimum condition that he serve two days in jail and participate in a court-approved domestic abuse prevention program, and the offender shall not own or possess a firearm throughout the entirety of the sentence; or

(2)

The offender is placed on probation with a minimum condition that he perform four eight-hour days of court approved community service activities and participate in a court-approved domestic abuse prevention program, and the offender shall not own or possess a firearm throughout the entirety of the sentence.

(d)

On 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 $750.00 and not more than $1,000.00 and shall be imprisoned for not less than 30 days and not more than six months. At least 48 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:

(1)

The offender is placed on probation with a minimum condition that he serve 15 days in jail and participate in a court-approved domestic abuse prevention program, and the offender shall not own or possess a firearm throughout the entirety of the sentence; or

(2)

The offender is placed on probation with a minimum condition that he perform 30 eight-hour days of court approved community service activities and participate in a court-approved domestic abuse prevention program, and the offender shall not own or possess a firearm throughout the entirety of the sentence.

(Ord. No. O-036-2006, § 2, 3-7-06)