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BODILY HARM defined...
- 9A.04.110.4a, states, "Bodily injury," "physical injury," or "bodily harm" means physical pain or injury, illness, or an impairment of physical condition;
- IN LAYMAN'S TERMS: Scratch/Bruise, Physical Pain or Injury,
- OR BAND AID
- SUBSTANTIAL BODILY HARM defined...
- 9A.04.110.4b, states, "Substantial bodily harm" means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily part or organ, or which causes a fracture of any bodily part;
- IN LAYMAN'S TERMS: Bodily Injury Temporary Loss, or Impairment,
- OR TRIP TO THE HOSPITAL / FRACTURE
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GREAT BODILY HARM defined...
- 9A.04.110.4b, states, "Great bodily harm" means bodily injury which creates a probability of death, or which causes significant serious permanent disfigurement, or which causes a significant permanent loss or impairment of the function of any bodily part or organ;
- IN LAYMAN'S TERMS: Permanent Loss or Death
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ASSAULT 1st
- INTENTIONALLY ASSAULTS a person
- AND With a Deadly Weapon
- OR Intentionally & Unlawfully Injuring Mother AND causing SBH [Hospital visit] to an unborn child
- OR Administers Poison or Any Other Destructive or Noxious Substance OR Intentionally Assaults another AND recklessly inflicts SBH OR, ?Knowingly inflicts BH by design causes pain equivalent to torture
- Class B Felony
- 9A.36.021
- If the Assault is Sexually Motivated - Class A Felony
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ASSAULT 2nd
- INTENTIONALLY ASSAULTS a Person
- AND Recklessly Inflicts Substantial Bodily Harm
- OR Intentionally & Unlawfully Injuring Mother AND causing SBH to an unborn child
- OR Assaults with a Deadly Weapon
- OR Administers Poison or Any Other Destructive or Noxious Substance
- OR With intent to commit a felony, assaults another
- OR Knowingly inflicts BH designed to causes pain equivalent to torture
- Class B Felony
- 9A.36.021
- If the Assault is Sexually Motivated - Class A Felony
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ASSAULT 3rd
- ASSAULTS Court Officer
- OR Transit Operator / Supervisor
- OR Security Officer of transit co.
- OR School Bus Driver / Supervisor
- OR With Criminal Negligence, causes BH [Band Aid] to another by means of a Weapon
- OR Firefighter
- OR With Criminal Negligence, causes BH accompanied by Pain to cause Suffering
- OR LE
- OR Doctor / Nurse
- Class C Felony
- 9A.36.031
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ASSAULT 4th
- UNWANTED TOUCHING
- Criminal Non-Traffic - Gross Misdemeanor
- 9A.36.041
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ASSAULT OF CHILD 1st
- Person (18 or older) ASSAULTS Victim <13 yo
- ‘Very Bad child abuse’
- Recklessly Inflicts Great Bodily Harm
- OR Commits regular Assault 1st
- OR Substantial Bodily Harm from previous pattern of assaults
- OR Previous Pattern of Same
- OR SBH greater than transient & Previous pattern of Pain / Agony
- Class A Felony
- 9A.36.120
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ASSAULT OF CHILD 2nd
- Person (18 or older) ASSAULTS Victim <13 yo
- ‘Child abuse’
- Commits Regular Assault 2nd
- OR BH Greater than Transient & Previous Pattern of Pain / Agony
- OR Causes bodily harm with previous pattern
- OR Previous Pattern of Torture
- Class B Felony
- 9A.36.130
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ASSAULT OF CHILD 3rd
- Person (18 or older) ASSAULTS Victim <13 yo
- Causes Bodily Harm by means of instrument (or weapon)
- OR Causes BH with Substantial Pain that extends for a period to cause considerable suffering
- Class C Felony
- 9A.36.140
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CUSTODIAL ASSAULT
- ASSAULT ANY type of Correction / Detention Staff
- Class C Felony
- 9A.36.100
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DRIVE BY SHOOTING
- Recklessly DISCHARGES a FIREARM in a manner that creates a Substantial Risk of Death OR Serious Physical Injury
- FROM a Motor Vehicle
- OR the Immediate Area of the Vehicle
- Class B Felony
- 9A.36.045
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VEHICULAR ASSAULT
- OPERATES ANY VEHICLE in a RECKLESS MANNER (Disregard forthe safety of others) that
- AND Causes Substantial Bodily Harm (Fracture, Trip to hospital)
- OR While under the Influence of Liquor OR ANY Drug
- Class B Felony
- 46.61.522
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BARRK FELONY'S
- Burglary 1st
- Arson 1st & 2nd
- Rape 1st & 2nd
- Robbery 1st & 2nd
- Kidnapping 1st & 2nd
- If someone dies during commission of ANY of these BARRK Felony’s = Murder 1st
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Malicious Harassment (aka Hate Crime)
- Maliciously cause Physical injury
- OR Property damage
- OR Threatens injury or damage
- BECAUSE OF Victims Race
- OR Color
- OR Religion
- OR Ancestry
- OR National origin
- OR Gender
- OR Sexual orientation
- OR Handicap
- Class C Felony
- 9A.36.080
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Malicious Mischief 1st
- CAUSES physical damage to property worth > $1,500
- OR CAUSES interruption of Public Servant by: Damaging vehicle, property, utility, transportation, power or communications
- OR CAUSES impairment to the safety, efficiency or operation of aircraft by damaging or tampering with aircraft in any way
- Class B Felony
- 9A.48.070
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Malicious Mischief 2nd
- Knowingly & Maliciously CAUSES Physical Damage Worth > $250
- OR RISKS causing Interruption of Public Service by:
- Damaging
- OR Tampering with Emergency Vehicle
- OR Government Property
- OR Public Utility
- OR Public Transportation
- OR Public Power or Public Communications
- Class C Felony
- 9A.48.080
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Malicious Mischief 3rd
- CAUSES Damage that is worth $50 – $250
- OR Make Graffiti
- Criminal Non-Traffic - Gross Misdemeanor
- 9A.48.090
- When Damage is $50 or less
- Criminal Non-Traffic - Misdemeanor
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