Section 565.052

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 565

Effective - 01 Jan 2017, see footnote   

  565.052.  Assault, second degree, penalty. — 1.  A person commits the offense of assault in the second degree if he or she:

  (1)  Attempts to kill or knowingly causes or attempts to cause serious physical injury to another person under the influence of sudden passion arising out of adequate cause; or

  (2)  Attempts to cause or knowingly causes physical injury to another person by means of a deadly weapon or dangerous instrument; or

  (3)  Recklessly causes serious physical injury to another person; or

  (4)  Recklessly causes physical injury to another person by means of discharge of a firearm.

  2.  The defendant shall have the burden of injecting the issue of influence of sudden passion arising from adequate cause under subdivision (1) of subsection 1 of this section.

  3.  The offense of assault in the second degree is a class D felony, unless the victim of such assault is a special victim, as the term "special victim" is defined under section 565.002, in which case it is a class B felony.

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(L. 1977 S.B. 60, A.L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A, S.B. 602, A.L. 1993 S.B. 180, A.L. 2006 S.B. 872, et al., A.L. 2014 S.B. 491)

Transferred 2014; formerly 565.060; Effective 1-01-17