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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
Senate: JUDE DP 4-3-0-0 | 3rd Read 16-11-0-3 |
SB 1038: aggravated assault; commission; certain officials
Sponsor: Senator Kavanagh, LD 3
Committee on Judiciary
Overview
Adds assaulting an animal control officer or elected official as a form of aggravated assault.
History
Under the current criminal code, a person commits assault by doing any of the following:
1) intentionally, knowingly or recklessly causing any physical injury to another person;
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 (A.R.S. § 13-1203).
Additionally, aggravated assault is a separate offense that occurs when a person commits assault as defined in A.R.S. § 13-1203, and additional circumstances outlined in statute are met. These circumstances include, among others, the level of injury caused to the victim, the defendant's use of a deadly weapon or the victim being a certain class or station of person such as a police officer. Aggravated assault can range from a class 2 felony to a class 6 felony depending on the nature of the offense (A.R.S. § 13-1204).
Provisions
1. Adds an additional form of class 6 felony aggravated assault involving a person who commits assault knowing or having reason to know that the victim is any of the following:
a) an animal control officer who is engaged in the execution of any official duties, or if the assault results from the execution of his official duties; or
b) an elected official who is engaged in the execution of any official duties, or if the assault results from the execution of his official duties. (Sec. 1, 2)
2. Blends overlapping versions of A.R.S. § 13-1204. (Sec. 1-3)
3. Makes technical and conforming changes. (Sec. 1, 2)
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SB 1038
Initials NM Page 0 Judiciary
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