Editing Assault (section)

====State laws====
Laws on assault vary by state. Since each state has its own criminal laws, there is no universal assault law. Acts classified as assault in one state may be classified as [[Battery (crime)|battery]], [[menacing]], [[intimidation]], [[reckless endangerment]], etc. in another state. Assault is often subdivided into two categories, simple assault and aggravated assault.
* Simple assault involves an intentional act that causes another person to be in reasonable fear of an imminent battery. Simple assault may also involve an attempt to cause harm to another person, where that attempt does not succeed. Simple assault is typically classified as a [[misdemeanor]] offense, unless the victim is a member of a protected class, such as being a law enforcement officer.<ref>See, e.g., {{cite web |title=MCL 750.81d, Assaulting, battering, resisting, obstructing, opposing person performing duty; felony; penalty; other violations; consecutive terms; definitions. |url=http://www.legislature.mi.gov/mileg.aspx?page=GetObject&objectname=mcl-750-81d |website=Michigan Legislature |publisher=State of Michigan |access-date=17 January 2019}}</ref> Even as a misdemeanor, an assault conviction may still result in incarceration and in a criminal record.
* Aggravated assault involves more serious actions, such as an assault that is committed with the intent to cause a serious bodily injury, or an assault that is committed with a deadly weapon such as a firearm. Aggravated assault is typically classified as a [[felony]] offense.

Modern American statutes may define assault as including:
* an attempt to cause or purposely, knowingly, or recklessly causing bodily injury to another 
* [[negligently]] causing bodily injury to another with a dangerous weapon (assault with a deadly weapon).<ref>{{cite web|url=http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=22-18-1|title=South Dakota Legislature|access-date=10 May 2015}}</ref>
* causing bodily harm by reckless operation of a [[motor vehicle]] (vehicular assault).<ref>{{cite web|url=http://apps.leg.wa.gov/rcw/default.aspx?cite=46.61.522|title=RCW 46.61.522: Vehicular assault — Penalty.|access-date=10 May 2015}}</ref>
* threatening another in a menacing manner.<ref>{{cite web|url=http://law.justia.com/codes/nebraska/2006/s28index/s2803010000.html|title=§ 28-310 — Assault in the third degree; penalty. :: Chapter 28 — Crimes and Punishments: 2006 Nebraska Revised Statutes :: Nebraska Revised Statutes: US Codes and Statutes :: US Law :: Justia|work=Justia Law|access-date=10 May 2015}}</ref>
* knowingly causing physical contact with another person knowing the other person will regard the contact as offensive or provocative<ref>{{cite web|url=http://www.moga.mo.gov/statutes/C500-599/5650000070.HTM|title=Section 565-070 Until December 31, 2016—Assault in the|access-date=10 May 2015|archive-date=18 May 2015|archive-url=https://web.archive.org/web/20150518094908/http://www.moga.mo.gov/statutes/C500-599/5650000070.HTM|url-status=dead}}</ref>
* causing stupor, unconsciousness or physical injury by intentionally administering a drug or controlled substance without consent<ref>{{cite web|url=http://law.justia.com/codes/connecticut/2005/title53a/sec53a-60.html|title=Sec. 53a-60. Assault in the second degree: Class D felony. :: Chapter 952 — Penal Code: Offenses (contains Secs. 53a-24 to 53a-323) :: Title 53a — Penal Code (contains Chapters 950 to 952) :: 2005 Connecticut Code :: Connecticut Code: US Codes and Statutes: US Law: Justia|work=Justia Law|access-date=10 May 2015}}</ref>
*purposely or knowingly causing reasonable apprehension of bodily injury in another<ref>{{cite web|url=http://codes.lp.findlaw.com/mtcode/45/5/2/45-5-201|title=MONT CODE ANN § 45-5-201 : Montana Code – Section 45-5-201: Assault|work=Findlaw|access-date=10 May 2015}}</ref>
*any act which is intended to place another in fear of immediate physical contact which will be painful, injurious, insulting, or offensive, coupled with the apparent ability to execute the act.<ref>{{cite web|url=https://coolice.legis.iowa.gov/cool-ice/default.asp?category=billinfo&service=iowacode&ga=83&input=708#708.1|title=Iowa Code 708|access-date=10 May 2015|archive-date=14 March 2016|archive-url=https://web.archive.org/web/20160314103140/https://coolice.legis.iowa.gov/cool-ice/default.asp?category=billinfo&service=iowacode&ga=83&input=708#708.1|url-status=dead}}</ref>

In some states, [[consent (criminal law)|consent]] is a complete defense to assault. In other jurisdictions, mutual consent is an incomplete defense to an assault charge such that an assault charge is prosecuted as a less significant offense such as a ''petty misdemeanor''.

States vary on whether it is possible to commit an "attempted assault" since it can be considered a double [[inchoate offense]].

=====Kansas=====
In [[Kansas]] the law on assault states:<ref>{{Cite web|url=http://kansasstatutes.lesterama.org/Chapter_21/Article_34/ |title=KS Statutes: Ch 21 Article 34: Crimes Against Persons |date=2007-11-14 |access-date=2016-09-18 |url-status=bot: unknown |archive-url=https://web.archive.org/web/20071114225316/http://kansasstatutes.lesterama.org/Chapter_21/Article_34/ |archive-date=14 November 2007}}</ref>

{{blockquote|Assault is intentionally placing another person in reasonable apprehension of immediate bodily harm.}}

=====New York=====
In [[New York State]], assault (as defined in the New York State Penal Code Article 120)<ref>{{cite web|url=https://www.nysenate.gov/legislation/laws/PEN/120.05|title=Article 120 – NY Penal Law – Assault Menacing Stalking – Law|publisher=New York State Senate|access-date=15 March 2018}}</ref> requires an actual injury. Other states define this as battery; there is no crime of battery in New York. However, in New York if a person threatens another person with imminent injury without engaging in physical contact, that is called "menacing". A person who engages in that behavior is guilty of aggravated harassment in the second degree (a [[misdemeanor|Class A misdemeanor]]; punishable with up to one year [[incarceration]], [[probation]] for an extended time, and a permanent [[criminal record]]) when they threaten to cause physical harm to another person, and guilty of aggravated harassment in the first degree (a [[Class E felony]]) if they have a previous conviction for the same offense.<ref>{{cite web|url=https://codes.findlaw.com/ny/penal-law/pen-sect-240-30.html|title=New York Consolidated Laws, Penal Law – PEN § 240.30 – FindLaw|website=findlaw.com|access-date=23 July 2018}}</ref><ref>{{cite web|url=https://statelaws.findlaw.com/new-york-law/new-york-harassment-laws.html|title=New York Harassment Laws – FindLaw|website=findlaw.com|access-date=23 July 2018}}</ref><ref>{{cite news|url=https://www.nytimes.com/2014/12/06/opinion/when-is-a-threat-a-criminal-act.html |archive-url=https://ghostarchive.org/archive/20220101/https://www.nytimes.com/2014/12/06/opinion/when-is-a-threat-a-criminal-act.html |archive-date=2022-01-01 |url-access=limited|title=Opinion – When Is a Threat a Criminal Act?|date=2014-12-05|newspaper=The New York Times|access-date=23 July 2018}}{{cbignore}}</ref><ref>{{cite web|url=https://www.new-york-lawyers.org/second-degree-aggravated-harassment.html|title=Second Degree Aggravated Harassment|website=The Law Office of Crotty & Saland|access-date=23 July 2018}}</ref> New York also has specific laws against [[hazing]], when such threats are made as requirement to join an organization.

=====North Dakota=====
[[North Dakota]] law states:<ref>{{Cite web|url=http://www.legis.nd.gov/cencode/t12-1c17.pdf?20130902151232|title=North Dakota Century Code t12.1c17}}</ref>

{{blockquote|Simple assault.
# A person is guilty of an offense if that person:{{ordered list|list_style_type=lower-alpha
| Willfully causes bodily injury to another human being; or
| Negligently causes bodily injury to another human being by means of a firearm, destructive device, or other weapon, the use of which against a human being is likely to cause death or serious bodily injury.}}}}

===== Pennsylvania =====
In Pennsylvania, an offender can be charged with '''simple assault''' if they:

* injure someone else recklessly, knowingly, or purposefully
* accidentally injure someone with a firearm or weapon
* cause a needle-stick to an officer or correctional employee during a search or arrest
* threaten or intimidate someone causing fear of imminent serious bodily injury

A person convicted of simple assault can be ordered to up to two years in prison as a second-degree misdemeanor.<ref name=":1">{{Cite web |title=Chapter 27. - Title 18 - CRIMES AND OFFENSES |url=https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.027..HTM |access-date=2022-04-12 |website=www.legis.state.pa.us}}</ref>

An offender can be charged with '''aggravated assault''' if the offender:

* demonstrates extreme indifference to the victim's life
* injures or threatens to injure a law enforcement officer, correctional officer, firefighter, police officer, or teacher on duty, or for incapacitating any of these individuals

A person convicted of aggravated assault can face up to 10 years in prison as a second-degree felony. However, if the crime is perpetrated against a firefighter or police officer, the offender may face first-degree felony charges carrying a penalty of up to 20 years in prison.<ref name=":1" />

=====Tennessee=====
In [[Tennessee]] assault is defined as follows:<ref>{{cite web|url=http://www.lexisnexis.com/hottopics/tncode/|title=LexisNexis® Custom Solution: Tennessee Code Research Tool|access-date=10 May 2015}}</ref>

{{blockquote|39-13-101.  Assault.{{plainlist|
*(a) A person commits assault who:
*(1) Intentionally, knowingly or recklessly causes bodily injury to another;
*(2) Intentionally or knowingly causes another to reasonably fear imminent bodily injury; or
*(3) Intentionally or knowingly causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative.}}}}