Assault

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Assault

• Chapter 7

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Assignment Due

• Complete Quiz on Affirmative Defenses Ch 6.
• Read Ch 7, Assault Crimes.

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Assault

• Simple Assault
• Assault Battery
• Domestic Violence
• Mayhem
• Stalking
• Hate Crime

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Arizona - Assault

• Chapter 12 ASSAULT AND RELATED OFFENSES
• 13-1201 Endangerment classification
• 13-1202 Threatening or intimidating
  classification
• 13-1203 Assault classification
• 13-1204 Aggravated assault classification
  definition
• 13-1205 Unlawfully administering intoxicating
  liquors, narcotic drug or dangerous drug
  classification
• 13-1206 Dangerous or deadly assault by prisoner
  or juvenile classification
• 13-1207 Prisoners who commit assault with intent
  to incite to riot or participate in riot
  classification
• 13-1208 Assault vicious animals classification
  exception
• 13-1209 Drive by shooting forfeiture driver
  license revocation classification definitions
• 13-1210 Assaults on officers or fire fighters
  disease testing petition hearing notice
  definition
• 13-1211 Discharging a firearm at a structure
  classification definitions
• 13-1212 Prisoner assault with bodily fluids
  liability for costs classification definition
• 13-1213 Aiming a laser pointer at a peace
  officer classification definition

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Simple Assault

• 13-1203. Assault classification
• A. A person commits assault by
• 1. Intentionally, knowingly or recklessly causing
  any physical injury to another person or
• 2. Intentionally placing another person in
  reasonable apprehension of imminent physical
  injury or
• 3. Knowingly touching another person with the
  intent to injure, insult or provoke such person.
• B. Assault committed intentionally or knowingly
  pursuant to subsection A, paragraph 1 is a class
  1 misdemeanor. Assault committed recklessly
  pursuant to subsection A, paragraph 1 or assault
  pursuant to subsection A, paragraph 2 is a class
  2 misdemeanor. Assault committed pursuant to
  subsection A, paragraph 3 is a class 3
  misdemeanor.

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Simple Assault

• What are elements of Assault?
• What is the mental (intent) element?
• What conduct might constitute an assault under
  the Arizona Code?

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Assault Elements

• 1. actually causing a physical injury
  intentionally, knowingly, or recklessly.
• 2. overt conduct that places another in
  reasonable apprehension of receiving physical
  injury.
• 3. touching with intent to injure, insult or
  provoke.

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Assault Elements

• Act either actual injury or overt conduct that
  places another in reasonable fear of an imminent
  physical injury.
• Intent Intentionally, knowingly, recklessly.
  Degree of intent determines classification of
  punishment.

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Assault Elements

• State v. Barnett, 142 Ariz. 592 (1984) court
  said intentionally is used in its ordinary
  sense.
• State v. Henley 141 Ariz. 465 (1984) where defd.
  objective was to shoot victim, conduct was
  intentional for purposes of Assault statute.

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Assault

• Touching?
• Throwing a liquid on another?
• State v. Mathews, 130 Ariz. 46 (1981) said yes
  (urine) was assault.
• Is person to person contact required?
• Same case said no person to person contact
  required.

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Aggravated Assault

• 13-1204. Aggravated assault classification
  definition
• A. A person commits aggravated assault if the
  person commits assault as defined in section
  13-1203 under any of the following circumstances
• 1. If the person causes serious physical injury
  to another.
• 2. If the person uses a deadly weapon or
  dangerous instrument.
• 3. If the person commits the assault after
  entering the private home of another with the
  intent to commit the assault.
• 4. If the person is eighteen years of age or
  older and commits the assault upon a child the
  age of fifteen years or under.
• 5. If the person commits the assault knowing or
  having reason to know that the victim is a peace
  officer, or a person summoned and directed by the
  officer while engaged in the execution of any
  official duties. . . .

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Aggravated Assault

• What additional elements will cause an assault to
  be an aggravated assault?
• Aggravated Assault is a felony.

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Aggravated Assault

• Karen points a pistol at her boyfriend Fred. The
  pistol is not loaded and Karen intends only to
  scare him because she wants him to leave the
  house. He leaves and calls the police.
• Aggravated Assault?

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Aggravated Assault

• Attempt to injure another person physically does
  not mean that defendant has to intend that some
  bodily harm results defendant need only intend
  the acts which he performs. Thus, pointing a
  deadly weapon in a threatening manner with
  ability to injure constitutes assault with a
  deadly weapon. State v. Bustamonte, 122 Ariz.105
  (1979).

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Other Assaults

• 13-1201. Endangerment classification
• A. A person commits endangerment by recklessly
  endangering another person with a substantial
  risk of imminent death or physical injury.
• B. Endangerment involving a substantial risk of
  imminent death is a class 6 felony. In all other
  cases, it is a class 1 misdemeanor.

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Other Assaults

• 13-1202. Threatening or intimidating
  classification
• A. A person commits threatening or intimidating
  if the person threatens or intimidates by word or
  conduct
• 1. To cause physical injury to another person or
  serious damage to the property of another or
• 2. To cause, or in reckless disregard to causing,
  serious public inconvenience including, but not
  limited to, evacuation of a building, place of
  assembly or transportation facility or
• 3. To cause physical injury to another person or
  damage to the property of another in order to
  promote, further or assist in the interests of or
  to cause, induce or solicit another person to
  participate in a criminal street gang, a criminal
  syndicate or a racketeering enterprise.

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Other Assaults

• Elements of Assault Exercise
• What is the difference between simple assault and
  endangerment?
• What is the difference between threatening or
  intimidation and simple assault?

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Domestic Violence

• 13-3601. Domestic violence definition
  classification sentencing option arrest and
  procedure for violation weapon seizure notice
• A. "Domestic violence" means any act which is a
  dangerous crime (statutes listed), if any of the
  following applies
• 1. The relationship between the victim and the
  defendant is one of marriage or former marriage
  or of persons residing or having resided in the
  same household.
• 2. The victim and the defendant have a child in
  common.
• 3. The victim or the defendant is pregnant by the
  other party.
• 4. The victim is related to the defendant or the
  defendant's spouse by blood or court order as a
  parent, grandparent, child, grandchild, brother
  or sister or by marriage as a parent-in-law,
  grandparent-in-law, stepparent, step-grandparent,
  stepchild, step-grandchild, brother-in-law or
  sister-in-law.
• 5. The victim is a child who resides or has
  resided in the same household as the defendant
  and is related by blood to a former spouse of the
  defendant or to a person who resides or who has
  resided in the same household as the defendant.

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Domestic Violence

• What elements cause a crime to become a violation
  under the domestic violence statute?

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Other Assaults

• 13-1208. Assault vicious animals
  classification exception
• A. A person who owns a dog which the owner knows
  or has reason to know has a propensity to attack,
  to cause injury or otherwise endanger the safety
  of human beings without provocation or which has
  been found to be a vicious animal by a court of
  competent authority, which bites, inflicts
  physical injury on or attacks a human being while
  at large is guilty of a class 6 felony.

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Assault vicious animals

• What are the elements?
• What conduct is required?
• What mental state is required?
• Any affirmative defense?

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Other Assaults

• 13-1209. Drive by shooting forfeiture driver
  license revocation classification definitions
• A. A person commits drive by shooting by
  intentionally discharging a weapon from a motor
  vehicle at a person, another occupied motor
  vehicle or an occupied structure.
• D. Drive by shooting is a class 2 felony.

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Drive By Shooting

• What conduct is required?
• What mental state is required?
• Why is this a separate offense? What might be a
  lesser included offense?

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Other Assaults

• 13-1213. Aiming a laser pointer at a peace
  officer classification definition
• A. A person commits aiming a laser pointer at a
  peace officer if the person intentionally or
  knowingly directs the beam of light from an
  operating laser pointer at another person and the
  person knows or reasonably should know that the
  other person is a peace officer.

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Other Assaults

• 13-2923. Stalking classification definitions
• A. A person commits stalking if the person
  intentionally or knowingly engages in a course of
  conduct that is directed toward another person
  and if that conduct either
• 1. Would cause a reasonable person to fear for
  the person's safety or the safety of that
  person's immediate family member and that person
  in fact fears for their safety or the safety of
  that person's immediate family member.
• 2. Would cause a reasonable person to fear death
  of that person or that person's immediate family
  member and that person in fact fears death of
  that person or that person's immediate family
  member.

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Stalking

• For the purposes of this section
• 1. "Course of conduct" means maintaining visual
  or physical proximity to a specific person or
  directing verbal, written or other threats,
  whether express or implied, to a specific person
  on two or more occasions over a period of time,
  however short, but does not include
  constitutionally protected activity.

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Stalking

• Conduct required must be more than a single
  incident.
• For death threat requires both an objective and
  subjective fear of death.
• What types of intent are required?

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Hate Crimes

• Add an element to existing assault crimes.
• Prohibit intimidation based on class.
• Prohibit conduct motivated by bias.
• Enhanced penalties for bias motivated crimes.

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Assignment

• Groups Discussion Questions p. 120
• Complete Quiz Assaults