CHAPTER 61. CRIMES AND THEIR PUNISHMENT.

§61-2-9.  Malicious or unlawful assault; assault; battery; penalties.

(a) If any person maliciously shoots, stabs, cuts or wounds any person, or by any means cause him or her bodily injury with intent to maim, disfigure, disable or kill, he or she, except where it is otherwise provided, is guilty of a felony and, upon conviction thereof, shall be punished by confinement in a state correctional facility not less than two nor more than ten years.  If the act is done unlawfully, but not maliciously, with the intent aforesaid, the offender is guilty of a felony and, upon conviction thereof, shall either be imprisoned in a state correctional facility not less than one nor more than five years, or be confined in jail not exceeding twelve months and fined not exceeding $500.

(b) Assault. — Any person who unlawfully attempts to commit a violent injury to the person of another or unlawfully commits an act that places another in reasonable apprehension of immediately receiving a violent injury is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than six months or fined not more than $100, or both fined and confined.

(c) Battery. — Any person who unlawfully and intentionally makes physical contact of an insulting or provoking nature to the person of another or unlawfully and intentionally causes physical harm to another person is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than twelve months or fined not more than $500, or both fined and confined.

(d) Any person convicted of a violation of subsection (b) or (c) of this section who has, in the ten years prior to the conviction, been convicted of a violation of either subsection (b) or (c) of this section where the victim was a current or former spouse, current or former sexual or intimate partner, a person with whom the defendant has a child in common, a person with whom the defendant cohabits or has cohabited, a parent or guardian or the defendant’s child or ward at the time of the offense or convicted of a violation of section twenty-eight of this article or has served a period of pretrial diversion for an alleged violation of subsection (b) or (c) of this section or section twenty-eight of this article when the victim has a present or past relationship, upon conviction, is subject to the penalties set forth in section twenty-eight of this article for a second, third or subsequent criminal act of domestic violence offense, as appropriate.

§61-2-9. Malicious or unlawful assault; assault; battery; penalties.

Bills Affecting §61-2-9

2001 Regular Session: SB446
2002 Regular Session: HB4027
2002 Regular Session: HB4285
2002 Regular Session: HB4645
2002 Regular Session: SB266
2002 Regular Session: SB606
2002 Regular Session: SB742
2003 Regular Session: HB2166
2003 Regular Session: HB2221
2004 Regular Session: HB2166
2004 Regular Session: HB4433
2004 Regular Session: HB4605
2005 Regular Session: HB3215
2005 Regular Session: HB3284
2006 Regular Session: HB3284
2006 Regular Session: HB4107
2006 Regular Session: HB4503
2006 Regular Session: HB4658
2006 Regular Session: SB433
2007 Regular Session: HB2482
2007 Regular Session: HB2816
2007 Regular Session: HB2932
2007 Regular Session: SB723
2008 Regular Session: HB2482
2008 Regular Session: HB4292
2008 Regular Session: SB469
2008 Regular Session: SB720
2009 Regular Session: HB2607
2009 Regular Session: HB2788
2009 Regular Session: SB294
2010 Regular Session: HB2607
2010 Regular Session: SB457
2011 Regular Session: HB3082
2011 Regular Session: HB3198
2012 Regular Session: HB4118
2012 Regular Session: HB4244
2012 Regular Session: SB587
2013 Regular Session: HB2374
2013 Regular Session: HB2939
2013 Regular Session: SB533
2014 Regular Session: HB2374
2014 Regular Session: HB2939
2014 Regular Session: HB4337
2014 Regular Session: HB4445
2014 Regular Session: SB607
2015 Regular Session: SB395
2015 Regular Session: SB396
2017 Regular Session: SB442
2018 Regular Session: SB250