Missouri Revised Statutes Title XXXVIII. Crimes and Punishment; Peace Officers and Public Defenders § 565.052. Assault, second degree, penalty

1. A person commits the offense of assault in the second degree if he or she:

(1) Attempts to kill or knowingly causes or attempts to cause serious physical injury to another person under the influence of sudden passion arising out of adequate cause;  or

(2) Attempts to cause or knowingly causes physical injury to another person by means of a deadly weapon or dangerous instrument;  or

(3) Recklessly causes serious physical injury to another person;  or

(4) Recklessly causes physical injury to another person by means of discharge of a firearm.

2. The defendant shall have the burden of injecting the issue of influence of sudden passion arising from adequate cause under subdivision (1) of subsection 1 of this section.

3. The offense of assault in the second degree is a class D felony, unless the victim of such assault is a special victim, as the term “special victim” is defined under section 565.002 , in which case it is a class B felony.


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