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

Mo. Rev. Stat. § 565.076 (2026)

Domestic assault in the fourth degree, penalty

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

  (1)  The person attempts to cause or recklessly causes physical injury, physical pain, or illness to such domestic victim;

  (2)  With criminal negligence the person causes physical injury to such domestic victim by means of a deadly weapon or dangerous instrument;

  (3)  The person purposely places such domestic victim in apprehension of immediate physical injury by any means;

  (4)  The person recklessly engages in conduct which creates a substantial risk of death or serious physical injury to such domestic victim;

  (5)  The person knowingly causes physical contact with such domestic victim knowing he or she will regard the contact as offensive; or

  (6)  The person knowingly attempts to cause or causes the isolation of such domestic victim by unreasonably and substantially restricting or limiting his or her access to other persons, telecommunication devices or transportation for the purpose of isolation.

  2.  The offense of domestic assault in the fourth degree is a class A misdemeanor, unless the person has previously been found guilty of the offense of domestic assault, of any assault offense under this chapter, or of any offense against a domestic victim committed in violation of any county or municipal ordinance in any state, any state law, any federal law, or any military law which if committed in this state two or more times would be a violation of this section, in which case it is a class E felony.  The offenses described in this subsection may be against the same domestic victim or against different domestic victims.

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(L. 2014 S.B. 491, A.L. 2017 S.B. 34)

CROSS REFERENCE:

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

Notes of Decisions
Cited in 10 cases (7 in the last 5 years), 2019–2025 · leading case: State of Missouri v. David Thompson (Mo. 2025).
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State of Missouri v. David Thompson (Mo. 2025). · cites it 5× “Section 565.076 provides, in pertinent part, that a defendant is guilty of fourth- degree domestic assault if he or she: (1) attempts to cause physical injury, physical pain, or illness; or (2) recklessly causes physical injury, physical pain, or illness; (3) to a 5 All…”
State of Missouri v. Kevin Darnell Coaston (Mo. Ct. App. 2020). · cites it 3× “The next day, Mother and Victim filed a police report with the Springfield Police Department and an officer photographed a cut on Victim's arm and bruises located on Victim's neck and chin.4 Defendant was charged under section 565.”
State of Missouri, Plaintiff-respondent v. Ricarte Soliben (Mo. Ct. App. 2021). · cites it 3× “by choking her; and Count 2: the class A misdemeanor of domestic assault in the fourth degree, in violation of § 565.076, by recklessly causing “physical pain” to family or household member K.”
State v. Whitlock, 576 S.W.3d 616 (Mo. Ct. App. 2019). · cites it 3× “, and fourth-degree domestic assault, Section 565.076 RSMo. No jurisprudential purpose would be served by a written opinion.”
State of Missouri v. Gregorio L. Davis (Mo. Ct. App. 2020). · cites it 2× “100, and domestic assault in the fourth degree, section 565.076. A warrant was issued and served on Davis on August 11, 2017.”
State of Missouri, Plaintiff-respondent v. Luther John Christianson, Jr. (Mo. Ct. App. 2022). · cites it 2× “045 (Count 2); one count of the class A misdemeanor of domestic assault in the fourth degree in violation of section 565.076 (Count 3); and one count of the class D felony of abuse or neglect of a child in violation of section 568.”
State of Missouri, Plaintiff-respondent v. Bryon G. Pettijohn (Mo. Ct. App. 2024). · cites it 2× “The jury also found Defendant not-guilty of third-degree domestic assault, finding instead that Defendant was guilty of the lesser-included crime of fourth-degree domestic assault (see section 565.076). Finally, the jury found Defendant guilty as charged of second-degree…”
State of Missouri v. Jenna M. Boedecker (Mo. Ct. App. 2025). · cites it 2× “On the domestic assault and property damage charges, Boedecker was convicted of the lesser included offenses of a class A misdemeanor of domestic assault in the fourth degree in violation of section 565.076, and a class B misdemeanor of property damage in the second degree in…”
State of Missouri v. Solowmenn James Warren (Mo. Ct. App. 2024). · cites it 2× “070; the class E felony of unlawful use of a weapon, in violation of section 571.”
State of Missouri v. Jerry Allen Hedges, Jr. (Mo. Ct. App. 2022). “For example: “Missouri statutes create four degrees of the 17 offense of domestic assault: (1) first-degree domestic assault, § 565.072; (2) second-degree domestic assault, § 565.”
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