State | Domestic Violence a Separate Crime | Sex Assault of Spouse an Offense | Protective Order Violation a Crime | Related Crimes |
Alabama | Misdemeanor | |||
Alaska | Misdemeanor |
Interfering with report of domestic violence to police is misdemeanor |
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Arizona | Misdemeanor; 3rd is felony | Separate felony; spousal exemption for sex assault | Misdemeanor | |
Arkansas | Misdemeanor or felony | Misdemeanor | ||
California | Felony | Separate felony | Misdemeanor | Intimidate witness is misdemeanor |
Colorado | No spousal exemption is in statute | Misdemeanor | ||
Connecticut | Separate felony | Misdemeanor (felony if criminal order) | ||
Delaware |
No spousal exception is in statute |
Misdemeanor | Tampering with witness is felony | |
District of Columbia | No spousal exemption is in statute | Misdemeanor | ||
Florida | 3rd battery is felony | Misdemeanor |
Violation of any condition of release where original charge involves domestic violence is misdemeanor. Tampering with witness is Felony 3 |
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Georgia | Felony |
No spousal exemption is in statute |
Misdemeanor (trespass) |
Publishing address of shelter is misdemeanor; interfering with 911- call is misdemeanor |
Hawaii | Misdemeanor (mandatory jail time); 3rd is felony | Misdemeanor | Tampering with witness is misdemeanor; intimidating or retaliating against witness is felony; trespass upon shelter is misdemeanor |
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Idaho | Misdemeanor; 3rd is felony | No spousal exemption for forcible rape | Misdemeanor | |
Illinois | Misdemeanor; 2nd is felony | No spousal exemption if reported in 30 days | Misdemeanor; 2nd is felony | Interfering with report of crime is misdemeanor |
Indiana | Misdemeanor | |||
Iowa | Misdemeanor; 3rd is felony |
No spousal exemption is in statute |
Misdemeanor | |
Kansas | Misdemeanor; 2nd has mandatory jail time; 3rd is felony | Criminal trespass: misdemeanor | Intimidation of witness is felony | |
Kentucky | 3rd in 5 years: enhanced penalty for assault | B misdemeanor | Intimidating or retaliating against witness is felony; tampering with witness is misdemeanor | |
Louisiana | Limited spousal exception (unless living apart) | Intimidating witness is felony | ||
Maine | Misdemeanor | |||
Maryland | Limited spousal exemption (unless living apart) | Misdemeanor | Threatening witness is felony | |
Massachusetts | Felony | Intimidating witness is felony | ||
Michigan | Misdemeanor; 2nd is felony |
No spousal exemption is in statute |
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Minnesota | Misdemeanor; 2nd is felony | Felony or misdemeanor | Physical interference with access to health facility or shelter is misdemeanor; interference with 911 call is misdemeanor; tampering with witness is felony; trespass at shelter is gross misdemeanor |
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Mississippi | Misdemeanor; 3rd is felony | Limited spousal exemption (unless living apart) except for forcible rape cases | ||
Missouri | Misdemeanor; 3rd is felony | Spousal exemption for lesser offenses | Misdemeanor; 2nd is felony | Tampering with witness is felony or misdemeanor |
Montana | 2nd is felony | Misdemeanor; 2nd is felony | ||
Nebraska |
No spousal exemption is in statute |
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Nevada |
3d offense in 7 years is felony |
No spousal exemption in statute |
Misdemeanor | Threaten with witness is felony; preventing report of crime is felony |
New Hampshire | No spousal exemption | Misdemeanor | Tampering with witness is felony. Interfering with report of crime is misdemeanor | |
New Jersey | Misdemeanor | |||
New Mexico | Felony or misdemeanor | Misdemeanor |
Tampering with witness is Felony 3 |
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New York | Limited spousal exemption (unless living apart) | Felony | Intimidating or tampering with witness is felony | |
North Carolina | No spousal exemption | Misdemeanor | Intimidating witness is felony | |
North Dakota | Misdemeanor | |||
Ohio | Misdemeanor | Limited spousal exemption (unless living apart) | Misdemeanor; 3rd is felony | |
Oklahoma | Misdemeanor; 2nd is felony | Misdemeanor | Interfering with witness is felony | |
Oregon | ||||
Pennsylvania |
Tampering with witness is Felony 3 |
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Rhode Island | Misdemeanor; 2nd mandatory jail; 3rd 1-year minimum | Misdemeanor; 2nd offense enhanced |
Violation of criminal protective order is misdemeanor |
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South Carolina | Misdemeanor; 3rd offense is felony aggravated domestic violence is felony |
Separate felony if reported in 30 days; limited spousal exemption |
Misdemeanor |
Intimidation of witness is felony |
South Dakota | Spousal exemption law repealed | Misdemeanor; felony if also assault | ||
Tennessee |
Spousal rape law; limited spousal exemption |
Aggravated assault if assault and violation | Coercing witness is D felony | |
Texas | 3rd misdemeanor assault is felony | Misdemeanor;3rd is jail felony; felony if assault occurred | ||
Utah | 2nd enhanced penalty | Misdemeanor | Violation of criminal protection order is a felony or a misdemeanor; tampering with witness is felony 3 | |
Vermont | Misdemeanor; aggravated domestic violence is felony | Misdemeanor; 2nd is felony | ||
Virginia | Misdemeanor; 3rd is felony | Separate felony; limited spousal exemption for rape (living apart or injury to spouse) |
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Washington |
Spousal exemption for 3d degree rape |
Misdemeanor; 3rd is felony | Interfering with report of domestic violence is misdemeanor | |
West Virginia | Misdemeanor; 3rd is felony | Misdemeanor | ||
Wisconsin | Battery after order is felony; 2-year enhancement for domestic violence within 72 hours of release | No spousal exemption | Misdemeanor | Interfering with report of crime is misdemeanor; intimidation of witness is D felony or A misdemeanor |
Wyoming | Misdemeanor; 3rd is felony | No spousal exception |
Misdemeanor |
Intimidation of witness is felony |
Last Updated on 10/21/97
By Institute for Law and Justice
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