Section 565.060

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 565

Effective - 28 Aug 2006, 2 histories, see footnote   (history) 

  565.060.  Until December 31, 2016 — Assault, second degree, penalty. — 1.  A person commits the crime of assault in the second degree if he:

  (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)  While in an intoxicated condition or under the influence of controlled substances or drugs, operates a motor vehicle in this state and, when so operating, acts with criminal negligence to cause physical injury to any other person than himself; or

  (5)  Recklessly causes physical injury to another person by means of discharge of a firearm; or

  (6)  Operates a motor vehicle in violation of subsection 2 of section 304.022, and when so operating, acts with criminal negligence to cause physical injury to any person authorized to operate an emergency vehicle, as defined in section 304.022, while such person is in the performance of official duties.

  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.  Assault in the second degree is a class C felony.

­­--------

(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.)

Transferred 2014; now 565.052; Effective 1-01-17