Definitions of Domestic Violence - Mississippi

Date:

Defined in Domestic Violence Civil Laws

Citation: Ann. Code § 93-21-3

'Abuse' means the occurrence of one or more of the following acts between any individuals listed below:

  • Attempting to cause or intentionally, knowingly, or recklessly causing bodily injury or serious bodily injury with or without a deadly weapon
  • Placing, by physical menace or threat, another in fear of imminent serious bodily injury
  • Criminal sexual conduct committed against a minor, as defined by § 97-5-23
  • Stalking, as defined by § 97-3-107
  • Cyberstalking, as defined by § 97-45-15
  • Sexual offenses, as defined by §§ 97-3-65 or 97-3-95

Defined in Child Abuse Reporting and Child Protection Laws

This issue is not addressed in the statutes reviewed.

Defined in Criminal Laws

Citation: Ann. Code § 97-3-7

A person is guilty of simple domestic violence who:

  • Attempts to cause or purposely, knowingly, or recklessly causes bodily injury to another person
  • Negligently causes bodily injury to another person with a deadly weapon or other means likely to produce death or serious bodily harm
  • Attempts by physical menace to put another person in fear of imminent serious bodily harm

A person is guilty of aggravated domestic violence who:

  • Attempts to cause serious bodily injury to another person or causes such an injury purposely, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life
  • Attempts to cause or purposely or knowingly causes bodily injury to another person with a deadly weapon or other means likely to produce death or serious bodily harm
  • Strangles or attempts to strangle another person

Persons Included in the Definition

Citation: Ann. Code § 93-21-3

In criminal law: An offense is an act of domestic violence when it is committed against any of the following:

  • A current or former spouse of the defendant or a child of that person
  • A person living as a spouse or who formerly lived as a spouse with the defendant or a child of that person
  • A parent, grandparent, child, grandchild, or someone similarly situated to the defendant
  • A person who has a current or former dating relationship with the defendant
  • A person with whom the defendant has had a biological or legally adopted child

In civil law: The following individuals are included:

  • Spouses, former spouses, or persons living as spouses or who formerly lived as spouses
  • Persons having a child or children in common
  • Other individuals related by consanguinity or affinity who reside together or who formerly resided together
  • Individuals who have a current or former dating relationship

'Dating relationship' means a social relationship of a romantic or intimate nature between two individuals. It does not include a casual relationship or ordinary fraternization between two individuals in a business or social context. Whether a relationship is a 'dating relationship' shall be determined by examining the following factors:

  • The length of the relationship
  • The type of relationship
  • The frequency of interaction between the two individuals involved in the relationship