§ 39-13-102 — Aggravated assault

Tennessee § 39-13-102

• Jurisdiction: Tennessee
• Title: 39

Text

(a) (1) A person commits aggravated assault who: (A) Intentionally or knowingly commits an assault as defined in § 39-13-101 , and the assault: (i) Results in serious bodily injury to another; (ii) Results in the death of another; (iii) Involved the use or display of a deadly weapon; or (iv) Involved strangulation or attempted strangulation; or (B) Recklessly commits an assault as defined in § 39-13-101(a)(1) , and the assault: (i) Results in serious bodily injury to another; (ii) Results in the death of another; or (iii) Involved the use or display of a deadly weapon. (2) For purposes of subdivision (a)(1)(A)(iv), "strangulation" means intentionally or knowingly impeding normal breathing or circulation of the blood by applying pressure to the throat or neck or by blocking the nose and mouth of another person, regardless of whether that conduct results in any visible injury or whether the person has any intent to kill or protractedly injure the victim. (b) A person commits aggravated assault who, being the parent or custodian of a child or the custodian of an adult, intentionally or knowingly fails or refuses to protect the child or adult from an aggravated assault as defined in subdivision (a)(1) or aggravated child abuse as defined in § 39-15-402 . (c) A person commits aggravated assault who, after having been enjoined or restrained by an order, diversion or probation agreement of a court of competent jurisdiction from in any way causing or attempting to cause bodily injury or in any way committing or attempting to commit an assault against an individual or individuals, intentionally or knowingly attempts to cause or causes bodily injury or commits or attempts to commit an assault against the individual or individuals. (d) [Deleted by 2018 amendment.] (e) (1) (A) Aggravated assault under: (i) [Deleted by 2018 amendment.] (ii) (a) Except as provided in subdivision (e)(1)(A)(ii) (b) , subdivision (a)(1)(A)(i), (iii), or (iv) is a Class C felony; and (b) If the victim is pregnant at the time of the offense, subdivision (a)(1)(A)(iv) is a Class B felony; (iii) Subdivision (a)(1)(A)(ii) is a Class C felony; (iv) Subdivision (b) or (c) is a Class C felony; (v) Subdivision (a)(1)(B)(i) or (iii) is a Class D felony; (vi) Subdivision (a)(1)(B)(ii) is a Class D felony. (B) Notwithstanding the authorized fines established in § 40-35-111 , a violation of this section is punishable by a fine not to exceed fifteen thousand dollars ($15,000), in addition to any other punishment authorized by § 40-35-111 . (2) In addition to any other punishment that may be imposed for a violation of this section, if the relationship between the defendant and the victim of the assault is such that the victim is a domestic abuse victim as defined in § 36-3-601 , and if, as determined by the court, the defendant possesses the ability to pay a fine in an amount not in excess of two hundred dollars ($200), then the court shall impose a fine at the level of the defendant's ability to pay, but not in excess of two hundred dollars ($200). The additional fine shall be paid to the clerk of the court imposing sentence, who shall transfer it to the state treasurer, who shall credit the fine to the general fund. All fines so credited to the general fund shall be subject to appropriation by the general assembly for the exclusive purpose of funding family violence shelters and shelter services. Such appropriation shall be in addition to any amount appropriated pursuant to § 67-4-411 . (3) (A) In addition to any other punishment authorized by this section, the court shall order a person convicted of aggravated assault under the circumstances set out in this subdivision (e)(3) to pay restitution to the victim of the offense. Additionally, the judge shall order the warden, chief operating officer, or workhouse administrator to deduct fifty percent (50%) of the restitution ordered from the inmate's commissary account or any other account or fund established by or for the benefit of the inmate while incarcerated. The judge may authorize the deduction of up to one hundred percent (100%) of the restitution ordered. (B) Subdivision (e)(3)(A) applies if: (i) The victim of the aggravated assault is a correctional officer, guard, jailer, or other full-time employee of a penal institution, local jail, or workhouse; (ii) The offense occurred while the victim was in the discharge of official duties and within the victim's scope of employment; and (iii) The person committing the assault was at the time of the offense, and at the time of the conviction, serving a sentence of incarceration in a public or private penal institution as defined in § 39-16-601 . (4) In addition to any other punishment that may be imposed for a violation of this section, if the relationship between the defendant and the victim of the assault is such that the victim is a domestic abuse victim as defined in § 36-3-601 , the court shall assess each person convicted an electronic monitoring indigency fee of ten dollars ($10.00). All proceeds collected pursuant to this subdivision (e)(4) shall be transmitted to the treasurer for deposit in the electronic monitoring indigency fund, established in § 55-10-419 . (5) Notwithstanding this subsection (e), a person convicted of a violation of subdivision (a)(1)(A)(i), (a)(1)(A)(ii), (a)(1)(B)(i), or (a)(1)(B)(ii) shall be punished one (1) classification higher than is otherwise provided if: (A) The violation was committed by discharging a firearm from within a motor vehicle, as defined by § 55-1-103 ; and (B) The victim was a minor at the time of the violation. (6) Notwithstanding this subsection (e), a person convicted of a violation of subdivision (a)(1)(A)(iii) or (a)(1)(B)(iii) shall be punished one (1) classification higher than is otherwise provided if the violation was committed by discharging a firearm from within a motor vehicle, as defined in § 55-1-103 . (f) A violation of subdivision (a)(1)(A)(iv), in which the victim of the offense loses consciousness due to strangulation, may be prosecuted as attempted first degree murder, under § 39-13-202 , or attempted second degree murder, under § 39-13-210 .

Legislative History

Amended by 2023 Tenn. Acts, ch. 440, s 3, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 440, s 2, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 1136, s 1, eff. 7/1/2022. Amended by 2020EX2 Tenn. Acts, ch. 3, s 3, eff. 8/20/2020. Amended by 2019 Tenn. Acts, ch. 485, s 2, eff. 7/1/2019. Amended by 2018 Tenn. Acts, ch. 1046, s 1, eff. 7/1/2018. Amended by 2018 Tenn. Acts, ch. 925, Secs.s 3, s 4 eff. 7/1/2018. Amended by 2018 Tenn. Acts, ch. 925, s 2, eff. 7/1/2018. Amended by 2015 Tenn. Acts, ch. 306, s 1, eff. 7/1/2015. Amended by 2015 Tenn. Acts, ch. 306, s 2, eff. 7/1/2015. Amended by 2015 Tenn. Acts, ch. 283, s 1, eff. 7/1/2015. Amended by 2013 Tenn. Acts, ch. 461, s 1, Sec.s 2, s 2 eff. 7/1/2013. Acts 1989, ch. 591, § 1; 1990, ch. 980, § 2; 1990, ch. 1030, §§ 12, 13; 1993, ch. 306, § 1; 1995, ch. 452, § 1; 1996, ch. 830, § 1; 1996, ch. 1009, § 19; 1998, ch. 1049, § 9; 2002, ch. 649, § 2; 2005, ch. 353, § 10; 2009 , ch. 394, § 1; 2009 , ch. 412, § 2; 2010 , ch. 981, § 3; 2011 , ch. 401, § 1.