§ 53a-60 — Assault in the second degree: Class D or C felony.

Connecticut § 53a-60

• Jurisdiction: Connecticut
• Title 53a: Penal Code
• Ch. 952: Penal Code: Offenses

Text

(a) A person is guilty of assault in the second degree when: (1) With intent to cause serious physical injury to another person, the actor causes such injury to such person or to a third person; or (2) with intent to cause physical injury to another person, the actor causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument other than by means of the discharge of a firearm; or (3) the actor recklessly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument; or (4) for a purpose other than lawful medical or therapeutic treatment, the actor intentionally causes stupor, unconsciousness or other physical impairment or injury to another person by administering to such person, without his consent, a drug, substance or preparation capable of producing the same; or (5) the actor is a parolee from a correctional institution and with intent to cause physical injury to an employee or member of the Board of Pardons and Paroles, the actor causes physical injury to such employee or member; or (6) with intent to cause serious physical injury to another person by rendering such other person unconscious, and without provocation by such other person, the actor causes such injury to such other person by striking such other person on the head; or (7) with intent to cause physical injury to another person, the actor causes such injury to such person by striking or kicking such person in the head while such person is in a lying position. (b) Assault in the second degree is a class D felony or, if the offense resulted in serious physical injury, a class C felony.

Legislative History

(1969, P.A. 828, S. 61; 1971, P.A. 871, S. 18; P.A. 73-639, S. 20; P.A. 84-236, S. 4; P.A. 93-246, S. 3; July Sp. Sess. P.A. 94-2, S. 5; P.A. 04-234, S, 2; P.A. 14-220, S. 1; P.A. 15-211, S. 4; P.A. 16-193, S. 28.) History: 1971 act added Subsec. (a)(6) re physical injury to employee of department of correction or member of parole board; P.A. 73-639 deleted former Subsec. (a)(3) re physical injury to peace officer or fireman resulting from intentional attempt to prevent such person from performing his duty, renumbering accordingly; P.A. 84-236 amended Subsec. (a)(5) by changing “committed to” to “in the custody of” and adding phrase “confined in any institution or facility of the department of correction”; P.A. 93-246 amended Subsec. (a)(5) to delete from the scope of the offense a person who is in the custody of the commissioner of correction or confined in any institution or facility of the department of correction and with intent to cause physical injury to an employee of the department of correction causes physical injury to such employee; July Sp. Sess. P.A. 94-2 amended Subsec. (a)(2) to add “other than by means of the discharge of a firearm” to reflect changes made to Sec. 53a-59 by same public act; P.A. 04-234 replaced Board of Parole with Board of Pardons and Paroles, effective July 1, 2004; P.A. 14-220 amended Subsec. (a) to add Subdiv. (6) re serious physical injury by rendering person unconscious by striking on the head; P.A. 15-211 amended Subsec. (a) to add Subdiv. (7) re striking or kicking a person in the head and make technical changes, and amended Subsec. (b) to add provision re offense resulting in serious physical injury is a class C felony; P.A. 16-193 amended Subsec. (a)(5) by making a technical change. Illegal confinement is no defense to assault on correctional officer. 169 C. 438. Cited. 171 C. 264; 172 C. 275; 173 C. 254; 184 C. 157; Id., 520; 193 C. 144; Id., 232; 197 C. 602; 198 C. 23; 199 C. 146; 216 C. 647; 222 C. 331; 231 C. 545; 237 C. 238. Cited. 5 CA 590; Id., 612; 7 CA 701; 12 CA 221; Id., 320; Id., 679; 13 CA 667; 17 CA 200; 20 CA 75; 24 CA 13; 32 CA 224; 34 CA 1; 35 CA 138; Id., 431; 36 CA 59; 37 CA 338; 38 CA 598; 46 CA 486; Id., 691; Id., 741. To convict a defendant of assault in the second degree under Subsec. (a)(1), the state was required to prove that the defendant intended to cause serious physical injury to another person and, acting with such intent, the defendant caused serious physical injury to that person. 223 CA 270. Cited. 34 CS 531. Subsec. (a): Cited. 171 C. 395; 175 C. 155; 185 C. 63; 188 C. 574; 190 C. 143; 193 C. 48; 194 C. 119; Id., 408; 195 C. 636; Id., 651; 198 C. 405; Id., 424; 199 C. 322; 201 C. 103; Id., 289; 202 C. 520; 204 C. 207; Id., 714; 209 C. 733; 211 C. 151; 220 C. 385; 221 C. 447; 222 C. 556; 223 C. 243; 226 C. 618; 227 C. 153; Id., 711; Id., 751; 228 C. 147; Id., 910; 230 C. 591; 235 C. 748; 239 C. 481. Cited. 1 CA 584; 5 CA 40; 6 CA 701; 7 CA 27; Id., 95; Id., 377; 8 CA 35; 9 CA 161; 10 CA 50; Id., 330; Id., 462; 11 CA 665; 13 CA 386; 14 CA 463; Id., 472; Id., 493; Id., 586; 15 CA 586; Id., 704; 17 CA 226; 19 CA 245; Id., 576; Id., 618; 20 CA 27; 22 CA 586; 23 CA 83; Id., 447; Id., 502; Id., 705; 24 CA 264; Id., 563; Id., 624; Id., 685; 25 CA 104; Id., 275; Id., 565; 26 CA 114; Id., 145; Id., 242; 27 CA 73; Id., 322; 28 CA 290; Id., 645; 29 CA 262; 30 CA 95; judgment reversed, see 228 C. 147; 31 CA 58; Id., 140; Id., 448; 33 CA 647; 34 CA 691; 36 CA 641; Id., 805; 37 CA 437; 38 CA 247; Id., 777; Id., 868; 39 CA 789; 40 CA 757; 41 CA 47; Id., 333; Id., 515; Id., 565; 43 CA 205; Id., 252; 44 CA 125; Id., 307; 45 CA 591; 46 CA 24. Defendant's rights under double jeopardy clause of fifth amendment to U.S. Constitution were violated by his conviction of two counts of assault in the second degree resulting from conduct against one victim that was nonsexual, continuous, uninterrupted and close in time. 92 CA 586. Subdiv. (1): The question of intent is purely a question of fact and intent may be inferred from conduct, and whether such an inference should be drawn is a question for the jury to decide. 118 CA 315. Cited. 39 CS 494. It is possible to prove assault in the second degree without necessarily proving risk of injury pursuant to Sec. 53-21(a), so assault in the second degree and risk of injury do not stand in relationship to each other as greater and lesser offenses. 48 CS 610.