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Assault
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=====Aggravated assault===== An assault which is aggravated by the scale of the injuries inflicted may be charged as offences causing "actual bodily harm" (ABH) or, in the severest cases, "[[grievous bodily harm]]" (GBH). ;Assault occasioning actual bodily harm: This offence is created by section 47 of the [[Offences against the Person Act 1861]] ([[24 & 25 Vict.]] c. 100). ;Inflicting grievous bodily harm: Also referred to as "malicious wounding" or "unlawful wounding". This offence is created by section 20 of the [[Offences against the Person Act 1861]] ([[24 & 25 Vict.]] c. 100). ;Causing grievous bodily harm with intent: Also referred to as "wounding with intent". This offence is created by section 18 of the [[Offences against the Person Act 1861]] ([[24 & 25 Vict.]] c. 100). Other aggravated assault charges refer to assaults carried out against a specific target or with a specific intent: ;Assault with intent to rob: The penalty for [[assault with intent to rob]], a common law offence, is provided by section 8(2) of the [[Theft Act 1968]]. ;Racially or religiously aggravated common assault: This offence is created by section 29(1)(c) of the [[Crime and Disorder Act 1998]] (c. 37), defined in terms of the common law offence. ;Racially or religiously aggravated assault occasioning actual bodily harm: This offence is created by section 29(1)(b) of the [[Crime and Disorder Act 1998]] (c. 37), defined in terms of the common law offence. ;[[Assault with intent to resist arrest]]: This offence is created by section 38 of the [[Offences against the Person Act 1861]] ([[24 & 25 Vict.]] c. 100). ;Assaulting a constable in the execution of his duty: Section 89(1) of the [[Police Act 1996]] (c. 16) provides that it is an offence for a person to assault a [[constable]] acting in the execution of his duty or a person assisting a constable in the execution of his duty. It is a summary offence with the same maximum penalty as common assault. ;Assaulting a traffic officer: This offence is created by section/10 section 10(1) of the [[Traffic Management Act 2004]] (c. 18). This offence applies to [[Traffic Warden|Traffic Wardens]], [[Civil enforcement officer|Civil Enforcement Officer]]s and [[Police community support officer|PCSO]]s if they have been conferred with road traffic powers by their force. ;Assaulting a person designated or accredited under sections 38 or 39 or 41 or 41A of the Police Reform Act 2002: This offence is created by section/46 section 46(1) of the [[Police Reform Act 2002]] (c. 30). Those sections relate respectively to persons given police powers by a chief police officer, such as [[PCSO: Police Community Support Officer|PCSO]]s detention officers or contractors retained by police, accredited contractors under a community safety accreditation scheme, and weights and measures inspectors. ;Assault on a prison custody officer: This offence is created by section 90(1) of the [[Criminal Justice Act 1991]] (c. 53). ;Assault on a secure training centre custody officer: This offence is created by section 13(1) of the [[Criminal Justice and Public Order Act 1994]] (c. 33). ;Assault on officer saving wreck: This offence is created by section 37 of the [[Offences against the Person Act 1861]] ([[24 & 25 Vict.]] c. 100). ;Assaulting an officer of the court: This offence is created by section 14(1)(b) of the [[County Courts Act 1984]] (c. 28). ;Cruelty to persons under sixteen: This offence is created by section 1(1) of the [[Children and Young Persons Act 1933]] ([[23 & 24 Geo. 5]]. c. 12) and applies to a person who has responsibility for the child. In England (but not Wales since 2022), common law provides a defence of "reasonable punishment" to battery (i.e. assaults involving touching); the [[Children Act 2004]] (c. 31) limits the defence to exclude, among other offences, cruelty under the 1933 act, but not battery, which implies that [[spanking|smacking]] is not always to be considered cruelty. ;Sexual assault: The offence of [[Sexual assault#England and Wales|sexual assault]] is created by section 3 of the [[Sexual Offences Act 2003]] (c. 42). It is not defined in terms of the offences of common assault or battery. It instead requires intentional touching and the absence of a reasonable belief in consent. ;Assault by penetration: This offence is defined by section 2 of the [[Sexual Offences Act 2003]] (c. 42). Whereas [[rape]] consists only of penetration with the perpetrator's penis, assault by penetration can be committed with anything, though unlike rape it excludes penetration of the mouth. It carries the same maximum sentence of life imprisonment. ; Assault on an emergency worker: The [[Assaults on Emergency Workers (Offences) Act 2018]] (c. 23) makes common assault an either way offence (section 1) when committed against an emergency worker (defined in section 3), with a maximum sentence of two years' imprisonment if tried on indictment. The act did not repeal any enactments, so the existing offence of assault on a constable is still available, but that offence cannot be tried on indictment and is therefore limited to six months.
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