Laserfiche WebLink
537.03 ASSAULT. <br />(a) No person shall knowingly cause or attempt to cause physical harm to another <br />or to another's unborn. <br />(b) No person shall recklessly cause serious physical harm to another or to <br />another's unborn. <br />(c) Whoever violates this section is guilty of assault, a misdemeanor of the first <br />degree. If the assault was committed under the circumstances provided in subsection (c)(1), <br />(2) or (3) hereof, assault is a felony and shall be prosecuted under appropriate State law. <br />(1) If the offense is committed by a caretaker against a functionally impaired <br />person under the caretaker's care. <br />(2) If the offense is committed in any of the following circumstances: <br />A. The offense occurs in or on the grounds of a State correctional <br />institution or an institution of the Department of Youth Services, <br />the victim of the offense is an employee of the Department of <br />Rehabilitation and Correction, the Department of Youth Services, <br />or a probation department or is on the premises of the particular <br />institution for business purposes or as a visitor, and the offense is <br />committed by a person incarcerated in the State correctional <br />institution, a person institutionalized in the Department of Youth <br />Services institution pursuant to a commitment to the Department <br />of Youth Services, or a probationery, furloughee or parolee. <br />B. The offense occurs in or on the grounds of a local correctional <br />facility, the victim of the offense is an employee of the local <br />correctional facility or a probation department or is on the <br />premises of the facility for business purposes or as a visitor, and <br />the offense is committed by a person who is under custody in the <br />facility subsequent to the person's arrest for any crime or <br />delinquent act, subsequent to the person's being charged with or <br />convicted of any crime, or subsequent to the person's being <br />alleged to be or adjudicated a delinquent child. <br />C. The offense occurs off the grounds of a State correctional <br />institution and off the grounds of an institution of the Department <br />of Youth Services, the victim of the offense is an employee of the <br />Department of Rehabilitation and Correction, the Department of <br />Youth Services, or a probation department, the offense occurs <br />during the employee's official work hours and while the <br />employee is engaged in official work responsibilities, and the <br />offense is committed by a person incarcerated in a State <br />correctional institution or institutionalized in the Department of <br />Youth Services who temporarily is outside of the institution for <br />any purpose or by a probationer, parolee, or furloughee. <br />1998 Replacement <br />