18 USC § 117 - Domestic assault by an habitual offender

---
identifier: "/us/usc/t18/s117"
source: "usc"
legal_status: "official_legal_evidence"
title: "18 USC § 117 - Domestic assault by an habitual offender"
title_number: 18
title_name: "CRIMES AND CRIMINAL PROCEDURE"
section_number: "117"
section_name: "Domestic assault by an habitual offender"
chapter_number: 7
chapter_name: "ASSAULT"
part_number: "I"
part_name: "CRIMES"
positive_law: true
currency: "119-84"
last_updated: "2026-04-21"
format_version: "1.1.0"
generator: "[email protected]"
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.)"
---


# § 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—

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.

**(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,

**(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.

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**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.)

## Editorial Notes

### Amendments

2014—Subsec. (a)(1).  inserted “, or against a child of or in the care of the person committing the domestic assault” after “intimate partner”.