(a) A person who assaults or assaults and batters an individual, if no other punishment is prescribed by
, is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500, or both.
(1) An individual
commit an assault by, with intent, attempting to commit a battery, or otherwise committing an unlawful act, which places another in reasonable apprehension of receiving an immediate battery.
(2) An individual is guilty of assault and battery, by committing a willful act of touching another person in consummation of an assault.
(b) A person who assaults or assaults and batters a family or household member, in an act of domestic violence, is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500, or both.
DOMESTIC VIOLENCE. The occurrence of any of the following by a person that is not in act of self-defense:
A. Causing or attempting to cause physical or mental harm to a family or household member;
B. Placing a family or household member in fear of physical or mental harm;
C. Causing or attempting to cause a family or household member to engage in involuntary sexual activity by force, threat of force, or duress; and
D. Engaging in activity toward a family or household member that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed or molested.
FAMILY OR HOUSEHOLD MEMBER. Any of the following:
A. A spouse or former spouse;
B. An individual with whom the person resides or has resided;
C. An individual with whom the person has or has had a dating relationship (dating relationship means frequent intimate associations primarily characterized by the expectation of affectional involvement. Dating relationship does not include a casual relationship or an ordinary fraternization between two individuals in a business or social context);
D. An individual with whom the person is or has engaged in a sexual relationship;
E. An individual to whom the person is related or was formerly related by marriage;
F. An individual with whom the person has a child in common; and
G. The minor children of any of the preceding persons.
(Ord. 102, passed 3-9-1977; Ord. 237, passed 10-11-2000; Ord. 02-04, passed 12-11-2002)