☰ Revisor of Missouri

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 565

< > Effective - 28 Aug 1998, 2 histories, see footnote (history) bottom

  565.070.  Until December 31, 2016 — Assault in the third degree. — 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, which a reasonable person, who is not incapacitated, would consider offensive or provocative.

  2.  Except as provided in subsections 3 and 4 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 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 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.

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(L. 1977 S.B. 60, A.L. 1998 H.B. 1918)

Transferred 2014; now 565.054; Effective 1-01-17

(2015) Offense of third-degree assault is a "nested" lesser included offense within the offense of second-degree assault; therefore, defendant is entitled upon proper request to jury instruction on issue.  State v. Randle, 465 S.W.3d 477 (Mo.).


---- end of effective  28 Aug 1998 ----

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