Assault in Second Degree

Current law makes it a felony to assault an emergency medical care provider while they are performing emergency medical care. The bill expands the statute to make it a felony to assault an emergency medical care provider while they are providing any function related to medical care.

The bill lowers the mental state required for conviction from intentionally causes bodily injury to knowingly causes bodily injury for the crime of preventing certain public servants from performing a lawful duty.

Current case law holds that the general assembly has not clarified whether second degree assault by strangulation could be charged as crime of violence subject to mandatory incarceration. The bill clarifies that strangulation by means of a deadly weapon, including a person's body parts, may be charged as crime of violence subject to mandatory incarceration. The bill requires the prosecution to allege and prove beyond a reasonable doubt that the defendant used a deadly weapon while committing second degree assault by strangulation.

(Note: This summary applies to this bill as introduced.)