Additional Qs re Assault

Question 1

You cause physical injury to EMS personnel, public transit operator, taxi operator, flagger or highway worker - which culpable state of mind is needed for it to constitute Assault 3?

Answer 1

Intentional, knowing or reckless

Question 2

Committed youth causes physical injury to a staff member in Youth correction facility while knowing victim is staff and acting in the course of official duties - what culpable state of mind is needed for it to constitute Assault 3?

Answer 2

Intentional or knowing

Question 3

Serious physical injury + Recklessness + ? = Assault 3

Answer 3

Means of deadly or dangerous weapon

OR

Circumstances manifesting extreme indifference to the value of human life

Question 4

Physical injury + Recklessness + ? = Assault 3

Answer 4

Means of deadly or dangerous weapon

AND

Circumstances manifesting extreme indifference to the value of human life

Question 5

A person at least 18, causes physical injury to child under 10 - what culpable state of mind is needed for it to constitute Assault 3?

Answer 5

Intentional or knowing

Question 6

Do you need to cause serious physical injury or just physical injury to commit Assault 3 when aided by another person present?

Answer 6

Physical injury

Question 7

Which culpable state of mind is required for act to constitute Assault 3 when causing physical injury and aided by another person present?

Answer 7

Intentional or knowing

Question 8

What aggravates an Assault 3 to a B felony?

Answer 8

The result was caused by person operating motor vehicle while DUII

(applies when you have:
recklessness + serious physical injury + dangerous/deadly weapon
or
circumstances manifesting extreme indifference to the value of human life)

Question 9

Serious physical injury + ? = Assault 2

Answer 9

culpable state of mind is intentional or knowing

Question 10

What other requisites are needed for an act to be Assault 2 when you have caused physical injury?

Answer 10

culpable state of mind is intentional or knowing
+
injury is caused by means of deadly or dangerous weapon

Question 11

Serious physical injury + Recklessness + ? = Assault 2

Answer 11

Means of deadly or dangerous weapon

AND

Circumstances manifesting extreme indifference to the value of human life

Question 12

Which culpable state of mind is required for act to constitute Assault 1, when causing serious physical injury with means of deadly or dangerous weapon?

Answer 12

Intentional

Question 13

Which are circumstances that can aggravate a lower degree of assault to an Assault 1?

Answer 13

1) An assault 2 + knowing victim is pregnant
2) intentionally/knowingly/recklessly causing serious physical injury while DUII

AND

three prior DUII convictions in the prior 10 years

OR

one conviction of Manslaughter 1/2, Criminally negligent homicide, Assault 1, 2 or 3, and death or serious physical injury in previous conviction was caused by person driving motor vehicle