1. Knowingly or recklessly causing bodily harm to a person with whom the offender is involved or has been involved in a dating relationship or a family or household member; or

2. Knowingly causing physical contact with a person with whom the offender is involved or has been involved in a dating relationship or a family or household member when done in a rude, insulting or angry manner.

1. Upon a first conviction of a violation of domestic battery, a person shall be guilty of a Class B violation and sentenced to not less than forty-eight (48) consecutive hours nor more than six (6) months’ imprisonment and fined not less than Two Hundred Dollars ($200.00), nor more than Five Hundred Dollars ($500.00). The court may enter an order which requires the offender to undergo a domestic violence offender assessment conducted by a certified batterer intervention program and follow all recommendations made by such program, or in the alternative, the court may require the offender to enroll in and successfully complete a domestic violence prevention program or an anger control program.

2. If, within five (5) years immediately preceding commission of the instant crime, the offender was convicted of a violation of domestic battery, then upon a second conviction, such offender shall be guilty of a Class A violation and sentenced to not less than ninety (90) days nor more than one (1) year’s imprisonment and fined not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00). The five (5) days’ imprisonment mandated by this subsection may be served in a work release program only after such person has served forty-eight (48) consecutive hours’ imprisonment, provided such work release program requires such person to return to confinement at the end of each day in the work release program. The person convicted shall serve at least five (5) consecutive days’ imprisonment before the person is granted probation, suspension or reduction of sentence or parole or is otherwise released. As a condition of any grant of probation, suspension of sentence or parole or of any other release, the person shall be required to undergo a domestic violence offender assessment conducted by a certified batterer intervention program and follow all recommendations made by such program, unless otherwise ordered by the court.

1. “Family or household member” means persons eighteen (18) years of age or older who are spouses, former spouses, parents or stepparents and children or stepchildren and persons who are presently residing together or who have resided together in the past, and persons who have a child in common regardless of whether they have been married or who have lived together at any time. Family or household member also includes a man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time; and

2. “Dating relationship” means a social relationship of a romantic nature. In addition to any other factors the court deems relevant, the trier of fact may consider the following when making a determination of whether a dating relationship exists or existed: nature of the relationship, length of time the relationship existed, frequency of interaction between the parties and time since the termination of the relationship, if applicable; and

3. For the purpose of determining whether a conviction is a first or second conviction in sentencing under this Section: