§ 5-13-202 — Battery in the second degree

(a) A person commits battery in the second degree if: (1) With the purpose of causing physical injury to another person, the person causes serious physical injury to another person; (2) With the purpose of causing physical injury to another person, the person causes physical injury to another person by means of a deadly weapon other than a firearm; (3) The person recklessly causes serious physical injury to another person: (A) By means of a deadly weapon; (B) While operating or in actual physical control of a motor vehicle or motorboat if at the time: (i) The person is intoxicated; or (ii) The alcohol concentration in the person's breath or blood is eight-hundredths (0.08) or more based upon the definition of alcohol concentration in § 5-65-204 ; or (C) Who is four (4) years of age or younger; or (4) The person knowingly, without legal justification, causes physical injury to or incapacitates a person he or she knows to be: (A) (i) A law enforcement officer, firefighter, code enforcement officer, or employee of a correctional facility while the law enforcement officer, firefighter, code enforcement officer, or employee of a correctional facility is acting in the line of duty. (ii) As used in this subdivision (a)(4)(A): (a) (1) "Code enforcement officer" means an individual charged with the duty of enforcing a municipal code, municipal ordinance, or municipal regulation as defined by a municipal code, municipal ordinance, or municipal regulation. (2) "Code enforcement officer" includes a municipal animal control officer; and (b) "Employee of a correctional facility" includes a person working under a professional services contract with the Division of Correction, the Division of Community Correction, or the Division of Youth Services; (B) A teacher or other school employee while acting in the course of employment; (C) An individual sixty (60) years of age or older or twelve (12) years of age or younger; (D) An officer or employee of the state while the officer or employee of the state is acting in the performance of his or her lawful duty; (E) While performing medical treatment or emergency medical services or while in the course of other employment relating to his or her medical training: (i) A physician; (ii) A person licensed as emergency medical services personnel, as defined in § 20-13-202 ; (iii) A licensed or certified healthcare professional; or (iv) Any other healthcare provider; or (F) An individual who is incompetent, as defined in § 5-25-101 . (b) (1) Battery in the second degree under subdivision (a)(3)(B) of this section is a Class C felony. (2) Otherwise, battery in the second degree is a Class D felony. (c) As used in this section, "motorboat" means the same as defined in § 5-65-102 .

Legislative History

Amended by Act 2021, No. 512,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 783,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 667, eff. 7/1/2019. Amended by Act 2017, No. 333,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 104,§ 2, eff. 7/22/2015. Amended by Act 2015, No. 104,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 429,§ 1, eff. 8/16/2013. Acts 1975, No. 280, § 1602; 1981, No. 877, § 1; 1983, No. 12, § 1; A.S.A. 1947, § 41-1602; Acts 1995, No. 1173, § 1; 1995, No. 1305, § 2; 1995, No. 1338, § 1; 1997, No. 207, § 1; 1997, No. 878, § 1; 1999, No. 389, § 1; 2003, No. 66, § 1; 2007, No. 827, § 27; 2009, No. 344, § 1; 2009, No. 689, § 1; 2011, No. 1120, § 6; 2011, No. 1168, § 1.