March 30, 2013, 11:21 PM
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#2
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Moderator Emeritus
Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,660
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Quote:
18 U.S.C. 921(a)(33)(A) Except as provided in subparagraph (C), the term “misdemeanor crime of domestic violence” means an offense that—(i) is a misdemeanor under Federal, State, or Tribal [3] law; and
(ii) has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim.
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Look real hard at paragraph (ii). If the misdemeanor conviction had any of the above elements, regardless of what the misdemeanor was called, then under Federal law, it is an MCDV.
See also United States v. Hayes, 129 S.Ct. 1079 (2009).
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