39-13-102 - Aggravated assault. - Tennessee Statutes

39-13-102. Aggravated assault.

(a)  A person commits aggravated assault who:

     (1)  Intentionally or knowingly commits an assault as defined in § 39-13-101 and:

          (A)  Causes serious bodily injury to another; or

          (B)  Uses or displays a deadly weapon; or

     (2)  Recklessly commits an assault as defined in § 39-13-101(a)(1), and:

          (A)  Causes serious bodily injury to another; or

          (B)  Uses or displays a deadly weapon.

(b)  A person commits aggravated assault who, being the parent or custodian of a child or the custodian of an adult, intentionally or knowingly fails or refuses to protect the child or adult from an aggravated assault as defined in subdivision (a)(1) or aggravated child abuse as defined in § 39-15-402.

(c)  A person commits aggravated assault who, after having been enjoined or restrained by an order, diversion or probation agreement of a court of competent jurisdiction from in any way causing or attempting to cause bodily injury or in any way committing or attempting to commit an assault against an individual or individuals, intentionally or knowingly attempts to cause or causes bodily injury or commits or attempts to commit an assault against the individual or individuals.

(d)  A person commits aggravated assault who, with intent to cause physical injury to any public employee or an employee of a transportation system, public or private, whose operation is authorized by title 7, chapter 56, causes physical injury to the employee while the public employee is performing a duty within the scope of the public employee's employment or while the transportation system employee is performing an assigned duty on, or directly related to, the operation of a transit vehicle.

(e)  (1)  Aggravated assault under subsection (d) is a Class A misdemeanor. Aggravated assault under subdivision (a)(1) or subsection (b) or (c) is a Class C felony. Aggravated assault under subdivision (a)(2) is a Class D felony. However, if an offense under subdivision (a)(1) or (a)(2) or subsection (c) is committed against a law enforcement officer, then the maximum fine shall be fifteen thousand dollars ($15,000).

     (2)  In addition to any other punishment that may be imposed for a violation of this section, if the relationship between the defendant and the victim of the assault is such that the victim is a victim as defined in § 36-3-601(8), and if, as determined by the court, the defendant possesses the ability to pay a fine in an amount not in excess of two hundred dollars ($200), then the court shall impose a fine at the level of the defendant's ability to pay, but not in excess of two hundred dollars ($200). The additional fine shall be paid to the clerk of the court imposing sentence, who shall transfer it to the state treasurer, who shall credit the fine to the general fund. All fines so credited to the general fund shall be subject to appropriation by the general assembly for the exclusive purpose of funding family violence shelters and shelter services. Such appropriation shall be in addition to any amount appropriated pursuant to § 67-4-411.

[Acts 1989, ch. 591, § 1; 1990, ch. 980, § 2; 1990, ch. 1030, §§ 12, 13; 1993, ch. 306, § 1; 1995, ch. 452, § 1; 1996, ch. 830, § 1; 1996, ch. 1009, § 19; 1998, ch. 1049, § 9; 2002, ch. 649, § 2; 2005, ch. 353, § 10; 2009, ch. 394, § 1; 2009, ch. 412, § 2.]