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Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 565

Effective - 01 Jan 2017, see footnote bottom

  565.056.  Assault in the fourth degree. — 1.  A person commits the offense of assault in the fourth degree if:

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

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

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

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

  (5)  The person knowingly causes or attempts to cause physical contact with a person with a disability, which a reasonable person, who does not have a disability, would consider offensive or provocative; or

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

  2.  Except as provided in subsection 3 of this section, assault in the fourth degree is a class A misdemeanor.

  3.  Violation of the provisions of subdivision (3) or (6) of subsection 1 of this section is a class C misdemeanor unless the victim is a special victim, as the term "special victim" is defined under section 565.002, in which case a violation of such provisions is a class A misdemeanor.

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(L. 2014 S.B. 491)

Effective 1-01-17


---- end of effective   01 Jan 2017 ----

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