Intermediate battery.

WORKING DRAFT
2010
STATE OF
WYOMING
10LSO-0304

HOUSE BILL
NO.
HB0112

Intermediate battery.

Sponsored by:
Representative(s) Zwonitzer, Dn., Berger, Connolly and Patton and Senator(s) Sessions

A BILL

for

AN ACT relating to
crimes and offenses; creating the crime of intermediate battery;

providing a penalty;

providing a definition;
providing that persons convicted of intermediate battery are not eligible for probation without an adjudication of guilt;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 6
‑
2
‑
509 is created to read:

6
‑
2
‑
509.

Intermediate battery.

(a)

A person is guilty of intermediate battery if he intentionally, knowingly or recklessly causes
substantial
bodily injury to another person by use of physical force.

(b)

Intermediate battery is a felony punishable by imprisonment f
or not more than five (5) years, a fine of not more than two thousand dollars ($2,000.00), or both.

(c)

For purposes of this section, "substantial bodily injury" means bodily injury, not amounting to serious bodily injury, that causes
any one
(1)
or more of the following:

(i)

A major avulsion, laceration or penetration of the skin;

(ii)

A
chemical, electrical, friction or scalding burn of second degree severity;

(iii)

A
bone fracture;

(iv)

A
serious concussion;

(v)

A
tearing, rupture or corrosive damage to the esophagus, viscera or other internal organ
;

(vi)

Protracted physical pain;

(vii)

Temporary disfigurement;

(viii)

Temporary loss or impairment of the function of any bodily member
,
organ
or mental faculty
.

Section 2.

W.S.
7
‑
13
‑
3
01(
a
)(intro) is amended to read:

7
‑
13
‑
301.

Placing person found guilty, but not convicted, on probation.

(a)

If a person who has not previously been convicted of any felony is charged with or is found guilty of or pleads guilty or no contest to any misdemeanor except any second or subsequent violation of W.S. 31
‑
5
‑
233 or any similar provision of law, or any second or subsequent violation of W.S. 6
‑
2
‑
501(a) or (b) by a household member as defined by W.S. 35
‑
21
‑
102 against any other household member or any similar provision of law, or any felony except murder, sexual assault in the first or second degree, aggravated assault and battery
, intermediate battery
or arson in the first or second degree, the court may, with the consent of the defendant and the state and without entering a judgment of guilt or conviction, defer further proceedings and place the person on probation for a term not to exceed five (5) years upon terms and conditions set by the court. The terms of probation shall include that he:

Section 3.

This act is effective July 1, 2010.

(END)

1
HB0112