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Old March 30, 2013, 11:31 PM   #3
KyJim
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Join Date: July 26, 2005
Location: The Bluegrass
Posts: 9,142
Yet another example of creative interpretation of a statute's plain language to achieve a perceived positive social result. An "element" of a statute is something expressly stated in the law which the government has to prove beyond a reasonable doubt -- except here. Under the case Al cited, even if the conviction is for a generic battery that does not require the victim to be a family member, it will qualify as a misdemeanor of domestic violence if the victim is, in fact, one of the types of designated family members.
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