565.070. Assault in the third degree. - Missouri Statutes

Assault in the third degree.

565.070. 1. A person commits the crime of assault in the thirddegree if:

(1) The person attempts to cause or recklessly causes physical injuryto another person; or

(2) With criminal negligence the person causes physical injury toanother person by means of a deadly weapon; or

(3) The person purposely places another person in apprehension ofimmediate physical injury; or

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

(5) The person knowingly causes physical contact with another personknowing the other person will regard the contact as offensive orprovocative; or

(6) The person knowingly causes physical contact with anincapacitated person, as defined in section 475.010, RSMo, which areasonable person, who is not incapacitated, would consider offensive orprovocative.

2. Except as provided in subsections 3 and 4 of this section, assaultin the third degree is a class A misdemeanor.

3. A person who violates the provisions of subdivision (3) or (5) ofsubsection 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 crimeof assault in the third degree more than two times against any family orhousehold member as defined in section 455.010, RSMo, is guilty of a classD felony for the third or any subsequent commission of the crime of assaultin the third degree when a class A misdemeanor. The offenses described inthis subsection may be against the same family or household member oragainst different family or household members.

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

CROSS REFERENCES:

Civil action for ethnic intimidation, RSMo 537.523

Violation of this section may also be ethnic intimidation, RSMo 574.093

(2006) Assault in the third degree requires proof that defendant knew victim would regard contact as offensive or provocative, and thus is not a lesser-included offense of endangering the welfare of a child. State v. Short, 186 S.W.3d 828 (Mo.App.E.D.).