565.060. Assault, second degree, penalty. - Missouri Statutes

Assault, second degree, penalty.

565.060. 1. A person commits the crime of assault in the seconddegree if he:

(1) Attempts to kill or knowingly causes or attempts to cause seriousphysical injury to another person under the influence of sudden passionarising out of adequate cause; or

(2) Attempts to cause or knowingly causes physical injury to anotherperson 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 ofcontrolled substances or drugs, operates a motor vehicle in this state and,when so operating, acts with criminal negligence to cause physical injuryto any other person than himself; or

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

(6) Operates a motor vehicle in violation of subsection 2 of section304.022, RSMo, and when so operating, acts with criminal negligence tocause physical injury to any person authorized to operate an emergencyvehicle, as defined in section 304.022, RSMo, while such person is in theperformance of official duties.

2. The defendant shall have the burden of injecting the issue ofinfluence 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.)

(1984) "Physical injury", terms used in instructions were terms of common usage and no definition of such terms is required. (Mo.App.) State v. Mace, 665 S.W.2d 655.