| 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 |
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| Arizona | Felony; Spousal exception for sex assault | Misdemeanor | ||
| Arkansas | Misdemeanor or felony | Misdemeanor | ||
| California | Felony | Felony | Misdemeanor | Intimidate witness is misdemeanor |
| Colorado | No spousal exception is in statute | Misdemeanor | ||
| Connecticut | Felony | Misdemeanor (felony if criminal order) | ||
| Delaware | No spousal exception is in statute |
Misdemeanor | Tampering with witness is felony | |
| District of Columbia | No spousal exception is in statute | Misdemeanor | ||
| Florida | 3rd battery is felony | Misdemeanor | Violation of any condition of release where original charge involves domestic violence is misdemeanor |
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| Georgia | Felony | No spousal exception is in statute |
Misdemeanor (trespass) | Publishing address of shelter is misdemeanor |
| Hawaii | Misdemeanor (mandatory jail time) | Misdemeanor | Tampering with witness is misdemeanor Intimidating or retaliating against witness is Felony Trespass upon shelter is misdemeanor |
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| Idaho | Misdemeanor | No spousal exception for forcible rape | Misdemeanor | |
| Illinois | Misdemeanor; 2nd is felony | No spousal exception if reported in 30 days | Misdemeanor; 2nd is felony | |
| Indiana | Misdemeanor | |||
| Iowa | Misdemeanor; 3rd is felony | No spousal exception 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 | Spousal exception | B misdemeanor | Intimidating or retaliating against witness is felonyTampering with witness is misdemeanor |
| Louisiana | Limited spousal exception (unless living apart) | Intimidating witness is felony | ||
| Maine | Misdemeanor | |||
| Maryland | Limited spousal exception (unless living apart) | Misdemeanor | Threatening witness is felony | |
| Massachusetts | Felony | Intimidating witness is felony | ||
| Michigan | Misdemeanor; 2nd is felony | No spousal exception is in statute |
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| 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 |
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| Mississippi | Limited spousal exception (unless living apart except for forcible rape cases) | |||
| Missouri | Spousal exception for lesser offenses | Misdemeanor; 2nd is felony | Tampering with witness is felony or misdemeanor | |
| Montana | 2nd is felony | Misdemeanor; 2nd is felony | Intimidation of witness is felony | |
| Nebraska | No spousal exception is in statute |
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| Nevada | 3d offense in 7 years is felony |
No spousal exception in statute |
Misdemeanor | Threaten with witness is felonyPrevent report of crime is felony |
| New Hampshire | No spousal exception | Misdemeanor | Tampering with witness is felony | |
| New Jersey | Misdemeanor | |||
| New Mexico | Felony or misdemeanor | Misdemeanor | ||
| New York | Limited spousal exception (unless living apart) | Felony | Intimidating or tampering with witness is felony | |
| North Carolina | No spousal exception | Misdemeanor | Intimidating witness is felony | |
| North Dakota | Misdemeanor | |||
| Ohio | Misdemeanor | Limited spousal exception (unless living apart) | Misdemeanor; 3rd is felony | |
| Oklahoma | Misdemeanor | Interfering with witness if felony | ||
| Oregon | ||||
| Pennsylvania | ||||
| Rhode Island | Misdemeanor; 2nd mandatory jail; 3rd 1 year minimum | Misdemeanor; 2nd offense enhanced | Violation of criminal protective order is misdemeanor |
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| South Carolina | Misdemeanor; 3rd offense is felony Aggravated Domestic Violence is felony |
Felony if reported in 30 days Limited spousal exception |
Misdemeanor | |
| South Dakota | Spousal exception law repealed | Misdemeanor; felony if also assault | ||
| Tennessee | Spousal rape law; Limited spousal exception |
Aggravated assault if assault and violation | Coercing witness is D felony | |
| Texas | 2nd Misdemeanor assault is felony | Misdemeanor;3rd is jail felony; felony if assault occurred | Aggravated assault against witness is felony 1 | |
| Utah | 2nd enhanced penalty | Misdemeanor | Violation of criminal protection order is felony or A misdemeanorTampering with witness is felony 3 | |
| Vermont | MisdemeanorAggravated Domestic Violence is felony | Misdemeanor; 2nd is felony | ||
| Virginia | Misdemeanor; 3rd is felony | Felony; Limited spousal immunity for rape(living apart or injury to spouse) |
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| Washington | Spousal exception 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 FELONY2 year enhancement for domestic violence within 72 hours of release | No spousal exception | Misdemeanor | Intimidation of witness is D felony or A misdemeanor |
| Wyoming | Misdemeanor; 3rd is felony | No spousal exception | Intimidation of witness is felony |
Last Updated on 6/30/97
By Institute for Law and Justice
Email: webmaster@ilj.org