§ 16-25-65

(A) A person who violates Section 16-25-20(A) is guilty of the offense of domestic violence of a high and aggravated nature when one of the following occurs. The person: (1) commits the offense under circumstances manifesting extreme indifference to the value of human life and great bodily injury to the victim results; (2) commits the offense, with or without an accompanying battery and under circumstances manifesting extreme indifference to the value of human life, and would reasonably cause a person to fear imminent great bodily injury or death; or (3) violates a protection order and, in the process of violating the order, commits domestic violence in the first degree. (B) A person who violates subsection (A) is guilty of a felony and, upon conviction, must be imprisoned for not more than twenty years. (C) The provisions of subsection (A) create a statutory offense of domestic violence of a high and aggravated nature and must not be construed to codify the common law crime of assault and battery of a high and aggravated nature. (D) Circumstances manifesting extreme indifference to the value of human life include, but are not limited to, the following: (1) using a deadly weapon;

t and battery of a high and aggravated nature. (D) Circumstances manifesting extreme indifference to the value of human life include, but are not limited to, the following: (1) using a deadly weapon; (2) knowingly and intentionally impeding the normal breathing or circulation of the blood of a household member by applying pressure to the throat or neck or by obstructing the nose or mouth of a household member and thereby causing stupor or loss of consciousness for any period of time; (3) committing the offense in the presence of a minor; (4) committing the offense against a person he knew, or should have known, to be pregnant; (5) committing the offense during the commission of a robbery, burglary, kidnapping, or theft; or (6) using physical force against another to block that person's access to any cell phone, telephone, or electronic communication device with the purpose of preventing, obstructing, or interfering with: (a) the report of any criminal offense, bodily injury, or property damage to a law enforcement agency; or (b) a request for an ambulance or emergency medical assistance to any law enforcement agency or emergency medical provider. HISTORY: 1994 Act No.

y, or property damage to a law enforcement agency; or (b) a request for an ambulance or emergency medical assistance to any law enforcement agency or emergency medical provider. HISTORY: 1994 Act No. 519, Section 1; 2003 Act No. 92, Section 3, eff January 1, 2004; 2005 Act No. 166, Section 3, eff January 1, 2006; 2015 Act No. 58 (S.3), Pt II, Section 5, eff June 4, 2015.