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Missouri Revised Statutes

Mo. Rev. Stat. § 565.074 (2026)

Domestic assault, third degree

✓ current as of May 2026
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  565.074.  Domestic assault, third degree — penalty. — 1.  A person commits the offense of domestic assault in the third degree if he or she attempts to cause substantial bodily harm or knowingly causes bodily harm to a domestic victim, as the term "domestic victim" is defined under section 565.002.

  2.  The offense of domestic assault in the third degree is a class E felony.

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(L. 2000 H.B. 1677, et al., A.L. 2011 S.B. 320, A.L. 2012 S.B. 628, A.L. 2014 S.B. 491, A.L. 2026 H.B. 2637 & 3155 merged with S.B. 999)

Effective 7-01-27, see § 565.019

Nonseverability clause, see § 1.1008

Severability clause, see § 1.1005

CROSS REFERENCE:

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

Notes of Decisions
Cited in 87 cases (14 in the last 5 years), 2003–2025 · leading case: State v. Stewart, 560 S.W.3d 531 (Mo. 2018).
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State v. Stewart, 560 S.W.3d 531 (Mo. 2018). · cites it 5× “030, third-degree domestic assault, § 565.074, first-degree burglary, § 569.160, and armed criminal action, § 572.”
State v. Howell, 143 S.W.3d 747 (Mo. Ct. App. 2004). · cites it 14× “Howell claims that the trial court erred in allowing testimony from a police officer as to his relationship with the victim because the officer's testimony was without foundation.”
State v. Ondo, 232 S.W.3d 622 (Mo. Ct. App. 2007). · cites it 12× “See sections 565.074 and 565.073. Because we find that the arresting officer’s testimony was admissible, and that the rule of lenity does not apply in this case, we affirm.”
State of Missouri v. Derrick R. Patrick, 566 S.W.3d 245 (Mo. Ct. App. 2019). · cites it 11× “First, he contends the circuit court abused its discretion in admitting and considering, over Patrick’s objection, a 911 recording because it had no probative value and was not properly authenticated. Second, he contends that the circuit court abused its discretion in admitting…”
State of Missouri, Plaintiff/Respondent v. Vincent E. Hood, 451 S.W.3d 758 (Mo. Ct. App. 2014). · cites it 8× “060 1 two counts of misdemeanor third-degree domestic assault in violation of Section 565.074; and one count of misdemeanor resisting arrest in violation of Section 575.”
State v. Brock, 113 S.W.3d 227 (Mo. Ct. App. 2003). · cites it 3× “1(4) RSMo (2000) (Count III), the class A misdemean- or of domestic assault third, in violation of Section 565.074 RSMo (2000) (Count IV), and the class A misdemeanor of endangering the welfare of a child, in violation of Section 568.”
State v. Drudge, 296 S.W.3d 37 (Mo. Ct. App. 2009). · cites it 3× “2007, and domestic assault in the third degree, Section 565.074, RSMo 2000, for which the trial court sentenced him, as a prior offender pursuant to Section 558.”
State v. Hamilton, 328 S.W.3d 738 (Mo. Ct. App. 2010). · cites it 7× “The State subsequently charged Hamilton with the class D felony of domestic assault in the third degree, in violation of section 565.074, RSMo 2000; the class A misdemeanor of resisting arrest, in violation of section 575.”
State v. Riley, 213 S.W.3d 80 (Mo. Ct. App. 2006). · cites it 4× “Kevin Riley appeals his conviction and sentence for third degree domestic assault, under section 565.074, RSMo 2000, manufacturing a controlled substance, methamphetamine, under section 195.”
State v. Darden, 263 S.W.3d 760 (Mo. Ct. App. 2008). · cites it 2× “073 requires a mental state of “knowingly,” while attempt to cause physical injury under section 565.074 requires a mental state of “recklessly.”
State of Missouri, Plaintiff-respondent v. William E. Copher, 458 S.W.3d 832 (Mo. Ct. App. 2015). · cites it 18× “In his sole point on appeal, Defendant asserts that the trial court misapplied section 565.”
CHARLES LAUB, Movant-Appellant v. STATE OF MISSOURI, Respondent-Respondent, 481 S.W.3d 579 (Mo. Ct. App. 2015). · cites it 3× “011, RSMo 2000; third-degree domestic assault of Victim, see section 565.074, RSMo 2000; and sexual assault of Sister, see section 566.”
Show all 87 citing cases →
Mo. Rev. Stat. § 565.074(3): 1 case
Stewart v. Stange, No. 1:20-cv-00255 (E.D. Mo. Apr. 29, 2021).
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