HOUSE BILL NO. 2072 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE PHELPS.
4943H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 565.056, RSMo, and to enact in lieu thereof one new section relating to the offense of assault in the fourth degree, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 565.056, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 565.056, to read as follows: 565.056. 1. A person commits the offense of assault in the fourth degree if: 2 (1) The person attempts to cause or recklessly causes physical injury, physical pain, 3 or illness to another person; 4 (2) With criminal negligence the person causes physical injury to another person by 5 means of a firearm; 6 (3) The person purposely places another person in apprehension of immediate 7 physical injury; 8 (4) The person recklessly engages in conduct which creates a substantial risk of death 9 or serious physical injury to another person; 10 (5) The person knowingly causes or attempts to cause physical contact with a person 11 with a disability, which a reasonable person, who does not have a disability, would consider 12 offensive or provocative; [or] 13 (6) The person knowingly causes physical contact with another person knowing the 14 other person will regard the contact as offensive or provocative; or 15 (7) The person knowingly causes physical pain to a special victim as that term is 16 defined in section 565.002.
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 2072 2
17 2. Except as provided in subsection 3 of this section, assault in the fourth degree is a 18 class A misdemeanor. 19 3. Violation of the provisions of subdivision (3) or (6) of subsection 1 of this section 20 is a class C misdemeanor unless the victim is a special victim, as the term "special victim" is 21 defined under section 565.002, in which case a violation of such provisions is a class A 22 misdemeanor. Violation of the provisions of subdivision (7) of subsection 1 of this section 23 is a class A misdemeanor unless the person has previously been found guilty or pled 24 guilty to an assault offense as defined under section 565.079 or an assault in violation of 25 a county or municipal ordinance, in which case the offense is a class E felony. A person 26 who has previously been found guilty or pled guilty to an assault offense on two or more 27 occasions and who violates the provisions of subdivision (7) of subsection 1 of this 28 section shall be guilty of a class D felony. 29 4. A person found guilty of a violation of subdivision (7) of subsection 1 of this 30 section shall not be sentenced to a fine and shall not be eligible for probation or parole 31 until the person has served a minimum of six months of incarceration for a first offense 32 or one year of incarceration for a second or subsequent offense. ✔
Statutes affected: