---
kind: "section"
citation: "18 U.S.C. § 117"
title: "18"
title_heading: "Crimes and Criminal Procedure"
number: "117"
heading: "Domestic assault by an habitual offender"
release: "119-102"
url: "https://uscodex.org/usc/18/117"
units:
  - "Part I — Crimes"
  - "Chapter 7 — Assault"
---

# §117. Domestic assault by an habitual offender

- (a) **In General.—** Any person who commits a [domestic assault](#b) within the [special maritime and territorial jurisdiction of the United States](/usc/18/7.md) or [Indian country](/usc/18/1156.md) and who has a final conviction on at least 2 separate prior occasions in Federal, [State](/usc/18/402.md), or Indian tribal court proceedings for offenses that would be, if subject to Federal jurisdiction—
  - (1) any assault, sexual abuse, or [serious](/usc/18/2441.md?p=d-2-E-i) violent felony against a spouse or intimate partner, or against a child of or in the care of the person committing the [domestic assault](#b); or
  - (2) an offense under [chapter 110A](/usc/18/chptI-ch110A.md),

  shall be fined under this title, imprisoned for a term of not more than 5 years, or both, except that if substantial [bodily injury](/usc/18/249.md?p=c-1) 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.

## Source credit

(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.)

## Notes

### Editorial Notes

### Amendments

2014—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”.