Mo. Rev. Stat. » Chapter 565
Missouri Revised Statutes

Mo. Rev. Stat. § 565.073 (2026)

Domestic assault, second degree

✓ current as of May 2026
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  565.073.  Domestic assault, second degree — penalty. — 1.  A person commits the offense of domestic assault in the second degree if the act involves a domestic victim, as the term "domestic victim" is defined under section 565.002, and he or she:

  (1)  Knowingly causes physical injury to such domestic victim by any means, including but not limited to, use of a deadly weapon or dangerous instrument, or by choking or strangulation; or

  (2)  Recklessly causes serious physical injury to such domestic victim; or

  (3)  Recklessly causes physical injury to such domestic victim by means of any deadly weapon.

  2.  The offense of domestic assault in the second degree is a class D felony.

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(L. 2000 H.B. 1677, et al., A.L. 2012 S.B. 628, A.L. 2014 S.B. 491, A.L. 2014 H.B. 1371)

Effective 1-01-17

CROSS REFERENCE:

Domestic assault, batterer intervention program ordered, costs, how paid, 595.320

Notes of Decisions
Cited in 140 cases (17 in the last 5 years), 2003–2025 · leading case: State v. Ondo, 232 S.W.3d 622 (Mo. Ct. App. 2007).
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State v. Ondo, 232 S.W.3d 622 (Mo. Ct. App. 2007). · cites it 37× “Ondo (“Defendant”) was found guilty following a jury trial of committing the class C felony of second-degree domestic assault, in violation of section 565.073. 1 The court sentenced him to serve three years in the Department of Corrections.”
United States v. Jones, 574 F.3d 546 (8th Cir. 2009). · cites it 5× “two counts of felony second-degree assault, a violation of Mo. Rev.Stat. § 565.073.” (Appellant’s Br.”
State Ex Rel. Horn v. Ray, 325 S.W.3d 500 (Mo. Ct. App. 2010). · cites it 6× “The State charged the defendant with second-degree domestic assault, in violation of section 565.073 RSMo. (2000), and the trial court conditioned the defendant's bond on his having no contact with the victim.”
State v. Cole, 148 S.W.3d 896 (Mo. Ct. App. 2004). · cites it 6× “Cole (“Defendant”), was convicted by a Greene County jury of domestic assault in the second degree, § 565.073, RSMo 2000; 1 armed criminal action, § 571.”
State v. Darden, 263 S.W.3d 760 (Mo. Ct. App. 2008). · cites it 4× “074, and decided that although the two statutes proscribe the same conduct with differing levels of punishment, the two statutes are not ambiguous because each requires a different culpable mental state. We found that an attempt to cause physical injury under section 565.”
State of Missouri v. Gabriel L. Leonard, 490 S.W.3d 730 (Mo. Ct. App. 2016). · cites it 2× “160, and the class C felony of second-degree domestic assault, § 565.073, for which he was sentenced to a total of twenty-four years’ imprisonment.”
State v. Blackburn, 168 S.W.3d 571 (Mo. Ct. App. 2005). · cites it 7× “Defendant’s argument is based on the premise that “[t]he trial court plainly erred and exceeded its jurisdiction in sentencing [Defendant] to a term of ten years for the Class D felony of second degree domestic assault, Section 565.073, RSMo Cum.Supp.2002 ... because the maximum…”
State v. Howell, 143 S.W.3d 747 (Mo. Ct. App. 2004). · cites it 4× “Howell was charged with the class C felony of domestic assault in the second degree, under section 565.073. A bench trial was held. Officer Brashear testified for the State, and the State offered the two photographs Officer Brashear took of the victim after the incident.”
State ex rel. Ryan W. Amorine, Relator v. The Honorable Kelly Wayne Parker, 490 S.W.3d 372 (Mo. 2016). · cites it 3× “202, RSMo 2000, and second-degree domestic assault, section 565.073, RSMo 2000.. After accepting his guilty plea, the trial court suspended the imposition of sentence and placed Amorine on supervised probation for five years.”
State of Missouri v. Nicholas A. Evans, 455 S.W.3d 452 (Mo. Ct. App. 2014). · cites it 4× “For example, Section 565.073(1) defines the crime of domestic assault in the second degree.”
State ex rel. Fleming v. Missouri Bd. of Prob. & Parole, 515 S.W.3d 224 (Mo. 2017). · cites it 2× “Fleming pleaded guilty to two counts of domestic assault in the second degree, section 565.073. 1 The court sentenced him to seven years in prison on each count and ordered the sentences to be served concurrently.”
State v. Garnett, 298 S.W.3d 919 (Mo. Ct. App. 2009). · cites it 4× “072, RSMo 2000, 1 two counts of domestic assault in the second degree, Section 565.073, and three counts of armed criminal action, Section 571.”
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— Mo. Rev. Stat. § 565.073(1) — 1 case
State of Missouri v. Nicholas A. Evans, 455 S.W.3d 452 (Mo. Ct. App. 2014). “For example, Section 565.073(1) defines the crime of domestic assault in the second degree.”
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