Section 117 - Domestic assault by an habitual offender(a) IN GENERAL.-Any person who commits a domestic assault within the special maritime and territorial jurisdiction of the United States or Indian country and who has a final conviction on at least 2 separate prior occasions in Federal, State, or Indian tribal court proceedings for offenses that would be, if subject to Federal jurisdiction-(1) any assault, sexual abuse, or serious violent felony against a spouse or intimate partner, or against a child of or in the care of the person committing the domestic assault; or(2) an offense under chapter 110A,shall be fined under this title, imprisoned for a term of not more than 5 years, or both, except that if substantial bodily injury results from violation under this section, the offender shall be imprisoned for a term of not more than 10 years.
(b) DOMESTIC ASSAULT DEFINED.-In this section, the term "domestic assault" means an assault committed by a current or former spouse, parent, child, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, parent, child, or guardian, or by a person similarly situated to a spouse, parent, child, or guardian of the victim.Added Pub. L. 109-162, title IX, §909, Jan. 5, 2006, 119 Stat. 3084; amended Pub. L. 113-104, §3, May 20, 2014, 128 Stat. 1156.EDITORIAL NOTES
AMENDMENTS2014-Subsec. (a)(1). Pub. L. 113-104 inserted ", or against a child of or in the care of the person committing the domestic assault" after "intimate partner".