FIRST REGULAR SESSION

HOUSE BILL NO. 733

92ND GENERAL ASSEMBLY

 

 

INTRODUCED BY REPRESENTATIVES GOODMAN, STEVENSON AND LIPKE (Co-sponsors).

         Read 1st time April 8, 2003, and copies ordered printed.

STEPHEN S. DAVIS, Chief Clerk

2195L.01I

 

AN ACT

To repeal section 565.070, RSMo, and to enact in lieu thereof one new section relating to assault in the third degree, with a penalty provision.




Be it enacted by the General Assembly of the state of Missouri, as follows:


            Section A. Section 565.070, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 565.070, to read as follows:

            565.070. 1. A person commits the crime of assault in the third degree if:

            (1) The person attempts to cause or recklessly causes physical injury to another person; or

            (2) With criminal negligence the person causes physical injury to another person by means of a deadly weapon; or

            (3) The person purposely places another person in apprehension of immediate physical injury; or

            (4) The person recklessly engages in conduct which creates a grave risk of death or serious physical injury to another person; or

            (5) The person knowingly causes physical contact with another person knowing the other person will regard the contact as offensive or provocative; or

            (6) The person knowingly causes physical contact with an incapacitated person, as defined in section 475.010, RSMo, which a reasonable person, who is not incapacitated, would consider offensive or provocative; or

            (7) The person knowingly causes physical injury to another person.

            2. Except as provided in subsections 3 [and], 4, and 5 of this section, assault in the third degree is a class A misdemeanor.

            3. A person who violates the provisions of subdivision (3) or (5) of subsection 1 of this section is guilty of a class C misdemeanor.

            4. A person who violates the provisions of subdivision (7) of subsection 1 of this section is guilty of a class D felony.

            5. A person who has pled guilty to or been found guilty of the crime of assault in the third degree more than two times against any family or household member as defined in section 455.010, RSMo, is guilty of a class D felony for the third or any subsequent commission of the crime of assault in the third degree when a class A misdemeanor. The offenses described in this subsection may be against the same family or household member or against different family or household members.