Missouri § 565.052 Assault, second degree, penalty.

Missouri Statutes

§ 565.052 — Assault, second degree, penalty.

Missouri § 565.052

Title XXXVIIICRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Ch. 565Offenses Against the Person

This text of Missouri § 565.052 (Assault, second degree, penalty.) is published on Counsel Stack Legal Research, covering Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mo. Rev. Stat. § 565.052 (2026).

Text

1. A person commits the offense of assault in the second degree if he or she:

(1)Attempts to kill or knowingly causes or attempts to cause serious physical injury to another person under the influence of sudden passion arising out of adequate cause; or

(2)Attempts to cause or knowingly causes physical injury to another person by means of a deadly weapon or dangerous instrument; or

(3)Recklessly causes serious physical injury to another person; or

(4)Recklessly causes physical injury to another person by means of discharge of a firearm. 2. The defendant shall have the burden of injecting the issue of influence of sudden passion arising from adequate cause under subdivision (1) of subsection 1 of this section. 3. The offense of assault in the second degree is a class D felon

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1. A person commits the offense of assault in the second degree if he or she:

(1) Attempts to kill or knowingly causes or attempts to cause serious physical injury to another person under the influence of sudden passion arising out of adequate cause; or

(2) Attempts to cause or knowingly causes physical injury to another person by means of a deadly weapon or dangerous instrument; or

(3) Recklessly causes serious physical injury to another person; or

(4) Recklessly causes physical injury to another person by means of discharge of a firearm.

2. The defendant shall have the burden of injecting the issue of influence of sudden passion arising from adequate cause under subdivision (1) of subsection 1 of this section.

3. The offense of assault in the second degree is a class D felony, unless the victim of such assault is a special victim, as the term "special victim" is defined under section 565.002 , in which case it is a class B felony.

Legislative History

(L. 1977 S.B. 60, A.L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A, S.B. 602, A.L. 1993 S.B. 180, A.L. 2006 S.B. 872, et al., A.L. 2014 S.B. 491) Transferred 2014; formerly 565.060; Effective 1-01-17