Domestic Violence Criminal Laws by Level of Offense

State Domestic Violence a Separate Crime Sex Assault of Spouse an Offense Protective Order Violation a Crime Related Crimes
Alabama     Misdemeanor  
Alaska     Misdemeanor

Interfering with report of domestic violence to police is misdemeanor

Arizona Misdemeanor; 3rd is felony Separate felony; spousal exemption for sex assault Misdemeanor  
Arkansas Misdemeanor or felony   Misdemeanor  
California Felony Separate felony Misdemeanor Intimidate witness is misdemeanor
Colorado   No spousal exemption is in statute Misdemeanor  
Connecticut   Separate felony Misdemeanor (felony if criminal order)  
Delaware  

No spousal exception is in statute

Misdemeanor Tampering with witness is felony
District of Columbia   No spousal exemption is in statute Misdemeanor  
Florida 3rd battery is felony   Misdemeanor

Violation of any condition of release where original charge involves domestic violence is misdemeanor. Tampering with witness is Felony 3

Georgia Felony

No spousal exemption is in statute

Misdemeanor (trespass)

Publishing address of shelter is misdemeanor; interfering with 911- call is misdemeanor

Hawaii Misdemeanor (mandatory jail time); 3rd is felony   Misdemeanor Tampering with witness is misdemeanor;
intimidating or retaliating against witness is felony;
trespass upon shelter is misdemeanor
Idaho Misdemeanor; 3rd is felony No spousal exemption for forcible rape Misdemeanor  
Illinois Misdemeanor; 2nd is felony No spousal exemption if reported in 30 days Misdemeanor; 2nd is felony Interfering with report of crime is misdemeanor
Indiana     Misdemeanor  
Iowa Misdemeanor; 3rd is felony

No spousal exemption is in statute

Misdemeanor  
Kansas Misdemeanor; 2nd has mandatory jail time; 3rd is felony   Criminal trespass: misdemeanor Intimidation of witness is felony
Kentucky 3rd in 5 years: enhanced penalty for assault   B misdemeanor Intimidating or retaliating against witness is felony; tampering with witness is misdemeanor
Louisiana   Limited spousal exception (unless living apart)   Intimidating witness is felony
Maine     Misdemeanor  
Maryland   Limited spousal exemption (unless living apart) Misdemeanor Threatening witness is felony
Massachusetts     Felony Intimidating witness is felony
Michigan Misdemeanor; 2nd is felony

No spousal exemption is in statute

   
Minnesota Misdemeanor; 2nd is felony   Felony or misdemeanor Physical interference with access to health facility or shelter is misdemeanor;
interference with 911 call is misdemeanor;
tampering with witness is felony;
trespass at shelter is gross misdemeanor
Mississippi Misdemeanor; 3rd is felony Limited spousal exemption (unless living apart) except for forcible rape cases    
Missouri Misdemeanor; 3rd is felony Spousal exemption for lesser offenses Misdemeanor; 2nd is felony Tampering with witness is felony or misdemeanor
Montana 2nd is felony   Misdemeanor; 2nd is felony  
Nebraska  

No spousal exemption is in statute

   
Nevada

3d offense in 7 years is felony

No spousal exemption in statute

Misdemeanor Threaten with witness is felony; preventing report of crime is felony
New Hampshire   No spousal exemption Misdemeanor Tampering with witness is felony. Interfering with report of crime is misdemeanor
New Jersey     Misdemeanor  
New Mexico Felony or misdemeanor   Misdemeanor

Tampering with witness is Felony 3

New York   Limited spousal exemption (unless living apart) Felony Intimidating or tampering with witness is felony
North Carolina   No spousal exemption Misdemeanor Intimidating witness is felony
North Dakota     Misdemeanor  
Ohio Misdemeanor Limited spousal exemption (unless living apart) Misdemeanor; 3rd is felony  
Oklahoma Misdemeanor; 2nd is felony   Misdemeanor Interfering with witness is felony
Oregon        
Pennsylvania      

Tampering with witness is Felony 3

Rhode Island Misdemeanor; 2nd mandatory jail; 3rd 1-year minimum   Misdemeanor; 2nd offense enhanced

Violation of criminal protective order is misdemeanor

South Carolina Misdemeanor; 3rd offense is felony
aggravated domestic violence is felony
Separate felony if reported in 30 days;
limited spousal exemption
Misdemeanor Intimidation of witness is felony
South Dakota   Spousal exemption law repealed Misdemeanor; felony if also assault  
Tennessee  

Spousal rape law; limited spousal exemption

Aggravated assault if assault and violation Coercing witness is D felony
Texas 3rd misdemeanor assault is felony   Misdemeanor;3rd is jail felony; felony if assault occurred  
Utah 2nd enhanced penalty   Misdemeanor Violation of criminal protection order is a felony or a misdemeanor; tampering with witness is felony 3
Vermont Misdemeanor; aggravated domestic violence is felony   Misdemeanor; 2nd is felony  
Virginia Misdemeanor; 3rd is felony Separate felony;
limited spousal exemption for rape (living apart or injury to spouse)
   
Washington  

Spousal exemption for 3d degree rape

Misdemeanor; 3rd is felony Interfering with report of domestic violence is misdemeanor
West Virginia Misdemeanor; 3rd is felony   Misdemeanor  
Wisconsin Battery after order is felony; 2-year enhancement for domestic violence within 72 hours of release No spousal exemption Misdemeanor Interfering with report of crime is misdemeanor; intimidation of witness is D felony or A misdemeanor
Wyoming Misdemeanor; 3rd is felony No spousal exception

Misdemeanor

Intimidation of witness is felony


Last Updated on 10/21/97
By Institute for Law and Justice
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