GLOSSARY 

Aggravated Assault on a Family or Household Member – When a person, under circumstances manifesting extreme indifference to the value of human life, purposely engages in conduct that creates a substantial danger of death or serious physical injury to a family or household member (constitutes a Class D felony under Arkansas law).

Class A Felony – If convicted, is punishable by a  fine of up to $15,000, and a prison sentence from 60 to 30 years.

Class B Felony – If convicted, is punishable by a fine of up to $15,000, and a prison sentence from 5 to 20 years.

Class D Felony – If convicted, is punishable by a fine of up to $10,000, and a prison sentence not to exceed 6 years.

Class A Misdemeanor – If convicted, is punishable by a fine of up to $1,000, and a jail sentence up to 1 year (in a city jail or a county jail).

Class B Misdemeanor – If convicted, is punishable by a fine of up to $500, and a jail sentence up to 90 days (in a city jail or a county jail).

Class C Misdemeanor – If convicted, is punishable by a fine of up to $100, and a jail sentence up to 30 days (in a city or county jail).

Dating Relationship – A romantic or intimate social relationship between two individuals that is determined by examining the following factors: (i) length of the relationship; (ii) type of the relationship; and (iii) the frequency of interaction between the two individuals involved in the relationship.  Dating relationship does not include a casual relationship or ordinary fraternization between two individuals in a business or social context.

Disorderly Conduct – Committed when a person, with the purpose to cause public inconvenience, annoyance, or alarm or recklessly creates a risk of public inconvenience, annoyance or alarm, engages in fighting or in violent, threatening or tumultuous behavior; makes unreasonable or excessive noise; uses abusive or obscene language or makes an obscene gesture, in a manner likely to provoke a violent or disorderly response in a public place; disrupts or disturbs any lawful assembly or meeting of persons; obstructs vehicular or pedestrian traffic; congregates with other persons in a public place and refuses to comply with a lawful order to disperse of a law enforcement officer or other person engaged in enforcing or executing the law; creates a hazardous or physically offensive condition; mars, defiles, desecrates, or otherwise damages a patriotic or religious symbol that is an object of respect by the public or a substantial segment of the public; or exposes his or her private parts in a public place (constitutes a Class C misdemeanor).

Domestic Abuse – Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members, or any sexual conduct between family or household members whether minors or adults, which constitutes a crime under the laws of the State of Arkansas.

Domestic Assault, 1^st Degree – Committed when a person recklessly engages in conduct which creates a substantial risk of death or serious physical injury to a family or household member (constitutes a Class A misdemeanor under Arkansas law).

Domestic Assault, 2^nd Degree – Committed when a person recklessly engages in conduct which creates a substantial risk of physical injury to a family or household member (constitutes a Class B misdemeanor under Arkansas law).

Domestic Assault, 3^rd Degree – Committed when a person purposely creates apprehension of imminent physical injury in a family or household member (constitutes a Class C misdemeanor under Arkansas law).

Domestic Battering, 1^st Degree – Committed when a person with the purpose of causing serious physical injury to a family or household member, causes serious physical injury to a family or household member by means of a deadly weapon or with the purpose of causing serious physical injury and permanently disfiguring a family or household member or of destroying, amputating, or permanently disabling a member or organ of a family or household member’s body, causes such an injury to a family or household member or causes serious physical injury to a family or household member under circumstances manifesting extreme indifference to the value of human life (a Class B felony under Arkansas law, however, domestic battering in the first degree is a Class A felony upon a conviction if committed against a woman the person knew or should have known was pregnant, or if, for conduct which occurred within the five years preceding the commission of the current offense, the person has committed a prior offense of domestic battering 1^st degree, domestic battering 2^nd degree, or domestic battering 3^rd degree, or violated an equivalent penal law of this State or of another State or foreign jurisdiction).

Domestic Battering, 2^nd Degree – Committed when a person, with the purpose of causing physical injury to a family or household member, causes serious physical injury to a family or household member, or with the purpose of causing physical injury to a family or household member, causes serious physical injury to a family or household member by means of a deadly weapon (a Class C felony under Arkansas law, however, domestic battering, 2^nd degree, is a Class B felony if committed against a woman the person knew or should have known was pregnant, or if, for conduct which occurred within the five years preceding the commission of the current offense, the person has committed a prior offense of domestic battering 1^st degree, domestic battering 2^nd degree, or domestic battering 3^rd degree, or violated an equivalent penal law of this State or of another State or foreign jurisdiction).

Domestic Battering, 3^rd Degree – Committed when a person, with the purpose of causing physical injury to a family or household member, causes physical injury to a family/household member or recklessly causes physical injury to a family/household member or negligently causes physical injury to a family/household member by means of a deadly weapon.  However, domestic battering, 3^rd degree, is a Class D felony if committed against a woman the person knew or should have known was pregnant, or if, for conduct which occurred within the five years preceding the commission of the current offense, the person has committed a prior offense of domestic battering 1^st degree, domestic battering 2^nd degree, or domestic battering 3^rd degree, or violated an equivalent penal law of this State or of another State or foreign jurisdiction.

Family or Household Member – Spouses, former spouses, parents and children, persons related by blood within the 4^th degree of consanguinity, or persons who are presently residing together or in the past have resided or cohabited together, or person who have had a dating relationship.

Harassment – Committed when a person, with purpose to harass, annoy, or alarm another person, without good cause, strikes, shoves, kicks, or otherwise touches a person, subjects that person to offensive physical contact or attempts or threatens to do so; directs obscene language or makes an obscene gesture to or at another person in a manner likely to provide a violent or disorderly response in a public place; follows a person in or about a public place; repeatedly insults, taunts, or challenges another person in a manner likely to provide a violent or disorderly response in a public place; engages in conduct or repeatedly commits an act that alarms or seriously annoys another person that serves no legitimate purpose; or places a person under surveillance by remaining present outside that person’s school, place of employment, vehicle, other place occupied by that person, or residence, other than the residence of the defendant, for no purpose other than to harass, alarm or annoy (constitutes a Class A misdemeanor).

Homicide – The intentional or reckless killing of a person (for purposes of this report, includes the crimes of capital murder, murder 1^st degree, murder 2^nd degree, or manslaughter.

Intimates – Persons who are married, have been married, or live or have lived together in a sexual relationship or in a dating relationship.

Kidnapping – Committed when a person restrains another person so as to interfere substantially with the other person’s liberty with the purpose of holding the other person for ransom or reward; or any other act to be performed or not performed for the other person’s return or release, such as holding a person as a shield or hostage; facilitate the commission of a felony or flight after the felony; inflict physical injury upon the other person; engage in sexual intercourse, deviate sexual activity, or sexual contact with the other person; terrorize the other person or another person; or interfere with the performance of any governmental or political function (constitutes a Class Y felony).

Misdemeanor Domestic Assault – A domestic assault in the 1^st degree, 2^nd degree, or 3^rd degree.

Misdemeanor Domestic Battering – The same as domestic battering, 3^rd degree.

No Contact Order – Also referred to as Rule 9.3 Order, as Rule 9.3 of the Arkansas Rules of Criminal Procedure provides that, “if it appears that there exists a danger that the defendant will commit a serious crime or will seek to intimidate witnesses, or will otherwise unlawfully interfere with the orderly administration of justice, the judicial officer, upon the release of the defendant, may enter an order: a) prohibiting the defendant from approaching or communicating with particular persons or classes of persons, except that no such order shall be deemed to prohibit any lawful and ethical activity of defendant’s counsel; b) prohibiting the defendant from going to certain described geographical areas or premises; c) prohibiting the defendant from possessing any dangerous weapon, or engaging in certain described activities or indulging in intoxicating liquors or in certain drugs; d) requiring the defendant to report regularly to and remain under the supervision of an officer of the court.  In most domestic violence cases in Springdale District Court, the Springdale District Judge will issue such an order to the defendant directing that defendant not to contact the victim of the crime, and such requirement is a condition of the defendant’s release from jail.

Order of Protection – Issued by a Circuit Court in the State of Arkansas, and is authorized under the Domestic Abuse Act of 1991; the purpose of this Order is to protect a family or household member from another family or household member who has been threatening or assaulting the person petitioning for the Order, and it is a Class A misdemeanor for a person to violate an Order of Protection, when they are aware of the existence of such order.

Physical Injury – "Physical injury" means the impairment of physical condition; the 
infliction of substantial pain; or the infliction of bruising, swelling, or visible marks
associated with physical trauma.

Pro-Arrest Laws – Laws passed by a legislative body to encourage arrests in misdemeanor domestic violence cases, provided the law enforcement officer has probable cause.  Arkansas has such a law in domestic abuse cases.

Rape – When a person engages in sexual intercourse or deviate sexual activity with another person by forcible compulsion; or engages in sexual intercourse or deviate sexual activity with another person who is incapable of consent because he/she is physically helpless; or engages in sexual intercourse or deviate sexual activity with another person who is less than 14 years of age (constitutes a Class Y felony).

Rule 9.3 Order – Also known as a No Contact Order, as Rule 9.3 of the Arkansas Rules of Criminal Procedure provides that, “if it appears that there exists a danger that the defendant will commit a serious crime or will seek to intimidate witnesses, or will otherwise unlawfully interfere with the orderly administration of justice, the judicial officer, upon the release of the defendant, may enter an order: a) prohibiting the defendant from approaching or communicating with particular persons or classes of persons, except that no such order shall be deemed to prohibit any lawful and ethical activity of defendant’s counsel; b) prohibiting the defendant from going to certain described geographical areas or premises; c) prohibiting the defendant from possessing any dangerous weapon, or engaging in certain described activities or indulging in intoxicating liquors or in certain drugs; d) requiring the defendant to report regularly to and remain under the supervision of an officer of the court.  In most domestic violence cases in Springdale District Court, the Springdale District Judge will issue such an order to the defendant directing that defendant not to contact the victim of the crime, and such requirement is a condition of the defendant’s release from jail.

Serious Physical Injury – Physical injury that creates a substantial risk of death or that causes protracted disfigurement, protracted impairment of health, or loss or protracted impairment of the function of any bodily member or organ.

Stalking, 1^st Degree – Committed when a person purposely engages in a course
of conduct that harasses another person and makes a terroristic threat with the intent of placing that person in imminent fear of death or serious bodily injury or placing that person in imminent fear of the death or serious bodily injury of his or her immediate family (constitutes a Class B felony under Arkansas law).

Stalking, 2^nd Degree – Committed when a person purposely engages in a course of conduct that harasses another person and makes a terroristic threat with the intent of placing that person in imminent fear of death or serious bodily injury, or places that person in imminent fear of the death or serious bodily injury of his or her immediate family (constitutes a Class C felony under Arkansas law).