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SECOND REGULAR SESSION
HOUSE BILL NO. 2072
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE PHELPS.
4943H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 565.056, RSMo, and to enact in lieu thereof one new section relating to the
of fense of assault in the fourth degree, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 565.056, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 565.056, to read as follows:
565.056. 1. A person commits the of fense of assault in the fourth degree if:
2 (1) The person attempts to cause or recklessly causes physical injury , physical pain,
3 or illness to another person;
4 (2) W ith criminal negligence the person causes physical injury to another person by
5 means of a firearm;
6 (3) The person purposely places another person in apprehension of immediate
7 physical injury;
8 (4) The person recklessly engages in conduct which creates a substantial risk of death
9 or serious physical injury to another person;
10 (5) The person knowingly causes or attempts to cause physical contact with a person
11 with a disability , which a reasonable person, who does not have a disability , would consider
12 of fensive or provocative; [ or ]
13 (6) The person knowingly causes physical contact with another person knowing the
14 other person will regard the contact as of fensive or provocative ; or
15 (7) The person knowingly causes physical pain to a special victim as that term is
16 defined in section 565.002 .
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
17 2. Except as provided in subsection 3 of this section, assault in the fourth degree is a
18 class A misdemeanor .
19 3. V iolation of the provisions of subdivision (3) or (6) of subsection 1 of this section
20 is a class C misdemeanor unless the victim is a special victim, as the term "special victim" is
21 defined under section 565.002, in which case a violation of such provisions is a class A
22 misdemeanor . V iolation of the pr ovisions of subdivision (7) of subsection 1 of this section
23 is a class A misdemeanor unless the person has prev iously been found guilty or pled
24 guilty to an assault offense as defined under section 565.079 or an assault in violation of
25 a county or municipal ordinance, in which case the offense is a class E felony . A person
26 who has pr eviously been found guilty or pled guilty to an assault offense on two or mor e
27 occasions and who violates the provi sions of subdivision (7) of subsection 1 of this
28 section shall be guilty of a class D felony .
29 4. A person found guilty of a violation of subdivision (7) of subsection 1 of this
30 section shall not be sentenced to a fine and shall not be eligible for prob ation or par ole
31 until the person has served a minimum of six months of incar ceration for a first offense
32 or one year of incar ceration for a second or subsequent offense.
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