§ 5-13-201 — Battery in the first degree

(a) A person commits battery in the first degree if: (1) With the purpose of causing serious physical injury to another person, the person causes serious physical injury to any person by means of a deadly weapon; (2) With the purpose of seriously and permanently disfiguring another person or of destroying, amputating, or permanently disabling a member or organ of that other person's body, the person causes such an injury to any person; (3) The person causes serious physical injury to another person under circumstances manifesting extreme indifference to the value of human life; (4) Acting alone or with one (1) or more other persons: (A) The person commits or attempts to commit a felony; and (B) In the course of and in furtherance of the felony or in immediate flight from the felony: (i) The person or an accomplice causes serious physical injury to any person under circumstances manifesting extreme indifference to the value of human life; or (ii) Another person who is resisting the felony or flight causes serious physical injury to any person; (5) With the purpose of causing serious physical injury to an unborn child or to a woman who is pregnant with an unborn child, the person causes serious physical injury to the unborn child; (6) The person knowingly causes physical injury to a pregnant woman in the commission of a felony or a Class A misdemeanor, and in so doing, causes serious physical injury to the pregnant woman's unborn child, and the unborn child is subsequently born alive; (7) The person knowingly, without legal justification, causes serious physical injury to a person he or she knows to be sixty (60) years of age or older or twelve (12) years of age or younger; (8) With the purpose of causing physical injury to another person, the person causes physical injury to any person by means of a firearm; or (9) The person knowingly causes serious physical injury to any person four (4) years of age or younger under circumstances manifesting extreme indifference to the value of human life. (b) It is an affirmative defense in any prosecution under subdivision (a)(4) of this section in which the defendant was not the only participant that the defendant: (1) Did not commit the battery or in any way solicit, command, induce, procure, counsel, or aid the battery's commission; (2) Was not armed with a deadly weapon; (3) Reasonably believed that no other participant was armed with a deadly weapon; and (4) Reasonably believed that no other participant intended to engage in conduct that could result in serious physical injury. (c) (1) Except as provided in subdivisions (c)(2) and (3) of this section, battery in the first degree is a Class B felony. (2) Battery in the first degree is a Class Y felony under the circumstances described in subdivision (a)(2) or subdivision (a)(9) of this section. (3) Battery in the first degree is a Class Y felony if the injured person is a law enforcement officer or an employee of a correctional facility, and is acting in the line of duty. (d) As used in this section, "employee of a correctional facility" means a person who is employed by or working under a professional services contract with the Division of Correction or the Division of Community Correction.

Legislative History

Amended by Act 2019, No. 582,§ 1, eff. 3/29/2019. Amended by Act 2019, No. 498,§ 1, eff. 7/24/2019. Acts 1975, No. 280, § 1601; A.S.A. 1947, § 41-1601; Acts 1987, No. 482, § 1; 1995, No. 360, § 1; 1995, No. 1305, § 1; 2005, No. 1994, § 474; 2007, No. 622, § 1; No. 709, § 2; No. 827, § 26.