46.3520 Assault in the 1st degree.

Cite as [A.S.C.A. § 46.3520]

(a) A person commits the crime of assault in the 1st degree if:

(1) he purposely or knowingly causes serious physical injury to another person; or

(2) he attempts to kill or to cause serious physical injury to another person; or

(3) under circumstances manifesting extreme indifference to the value of human life he recklessly engages in conduct which creates a grave risk of death to another person and thereby causes serious physical injury to another person.

(b) Assault in the 1st degree is a class B felony unless committed by means of a deadly weapon or dangerous instrument, then it is a class A felony.

History: 1979, PL 16-43 § 2.

Case Notes:

Court interprets word 'murder" to have been intended, by the Legislature, to encompass murder in both first and second degree; thus, proof of either is sufficient hereunder. Government v. Patu, ASR (1976).

Statute providing that assault in the first degree is committed when a person "attempts to kill or cause serious physical injury to another person" requires proof of specific intent. A.S.C.A. § 46.3520 (a)(2). Tauasosi v. American Samoa Government, 7 A.S.R.2d 5 (1988).

Where a statute requires that a person act intentionally, knowingly, or purposefully, or "attempt" to commit a crime, proof of specific intent is required. A.S.C.A. §§ 46.3503 (a)(1), 46.3503 (a)(2), 46.3520 (a)(1), 46.3520 (a)(2). Tauasosi v. American Samoa Government, 7 A.S.R.2d 5 (1988).

No proof of specific intent is required by statute providing that a person commits a crime if "under circumstances manifesting extreme indifference to human life, he recklessly engages in conduct which creates a grave risk of death. A.S.C.A. §§ 46.3503 (a)(3), 46.3520 (a)(3). Tauasosi v. American Samoa Government, 7 A.S.R.2d 5 (1988).

Research Guide: MCC 565 050, 15 ASC 201-206.