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46.3521 Assault in the 2nd degree.

Cite as [A.S.C.A. § 46.3521]

(a) A person commits the crime of assault in the 2nd degree if:

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

(2) he recklessly causes serious physical injury to another person; or

(3) he attempts to kill or to cause serious physical injury or causes serious physical injury under circumstances that would constitute assault in the 1st degree under 46.3520, but:

(A) acts under the influence of extreme emotional disturbance for which there is a reasonable explanation or excuse; the reasonableness of the explanation or excuse is determined from the viewpoint of an ordinary person in the actor's situation under the circumstances as the actor believes them to be; or

(B) at the time of the act, he believes the circumstances to be that, if they existed, would justify killing or inflicting serious physical injury under the provisions of 46.3301 et seq., but his belief is unreasonable.

(b) The defendant has the burden of injecting the issues of extreme emotional disturbance under subparagraph (a) (3) (A) or belief in circumstances amounting to justification under subparagraph (a) (3) (B).

(c) Assault in the 2nd degree is a class D felony.

History: 1979, PL 16-43 § 2.

Case Notes:

Immigration officer became trespasser when he transgressed bounds of authority, property owner may use force to protect property from trespasses without being guilty of assault and battery. Government v. Yan. ASR (1976).

Research Guide: MCC 565 060, 15 ASC 201 —206.