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| Home > Statutes > USA Washington |
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USA Statutes : washington
Title : Washington criminal code
Chapter : Assault -- Physical harm
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RCW 9A.36.011Assault in the first degree.(1) A person is guilty of assault in the first degree if he or she, with intent to inflict great bodily harm: (a) Assaults another with a firearm or any deadly weapon or by any force or means likely to produce great bodily harm or death; or (b) Administers, exposes, or transmits to or causes to be taken by another, poison, the human immunodeficiency virus as defined in chapter 70.24 RCW, or any other destructive or noxious substance; or (c) Assaults another and inflicts great bodily harm. (2) Assault in the first degree is a class A felony.[1997 c 196 § 1; 1986 c 257 § 4.]Notes:Severability -- 1986 c 257: See note following RCW 9A.56.010.Effective date -- 1986 c 257 §§ 3-10: See note following RCW 9A.04.110. RCW 9A.36.021Assault in the second degree.(1) A person is guilty of assault in the second degree if he or she, under circumstances not amounting to assault in the first degree: (a) Intentionally assaults another and thereby recklessly inflicts substantial bodily harm; or (b) Intentionally and unlawfully causes substantial bodily harm to an unborn quick child by intentionally and unlawfully inflicting any injury upon the mother of such child; or (c) Assaults another with a deadly weapon; or (d) With intent to inflict bodily harm, administers to or causes to be taken by another, poison or any other destructive or noxious substance; or (e) With intent to commit a felony, assaults another; or (f) Knowingly inflicts bodily harm which by design causes such pain or agony as to be the equivalent of that produced by torture. (2)(a) Except as provided in (b) of this subsection, assault in the second degree is a class B felony. (b) Assault in the second degree with a finding of sexual motivation under RCW 9.94A.835 or 13.40.135 is a class A felony.[2003 c 53 § 64; 2001 2nd sp.s. c 12 § 355; 1997 c 196 § 2. Prior: 1988 c 266 § 2; 1988 c 206 § 916; 1988 c 158 § 2; 1987 c 324 § 2; 1986 c 257 § 5.]Notes:Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.Intent -- Severability -- Effective dates -- 2001 2nd sp.s. c 12: See notes following RCW 71.09.250.Application -- 2001 2nd sp.s. c 12 §§ 301-363: See note following RCW 9.94A.030.Effective date -- 1988 c 266: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1988." [1988 c 266 § 3.]Effective date -- 1988 c 206 §§ 916, 917: "Sections 916 and 917 of this act shall take effect July 1, 1988." [1988 c 206 § 922.]Severability -- 1988 c 206: See RCW 70.24.900.Effective date -- 1988 c 158: See note following RCW 9A.04.110.Effective date -- 1987 c 324: See note following RCW 9A.04.110.Severability -- 1986 c 257: See note following RCW 9A.56.010.Effective date -- 1986 c 257 §§ 3-10: See note following RCW 9A.04.110. RCW 9A.36.031Assault in the third degree.(1) A person is guilty of assault in the third degree if he or she, under circumstances not amounting to assault in the first or second degree: (a) With intent to prevent or resist the execution of any lawful process or mandate of any court officer or the lawful apprehension or detention of himself or another person, assaults another; or (b) Assaults a person employed as a transit operator or driver, the immediate supervisor of a transit operator or driver, a mechanic, or a security officer, by a public or private transit company or a contracted transit service provider, while that person is performing his or her official duties at the time of the assault; or (c) Assaults a school bus driver, the immediate supervisor of a driver, a mechanic, or a security officer, employed by a school district transportation service or a private company under contract for transportation services with a school district, while the person is performing his or her official duties at the time of the assault; or (d) With criminal negligence, causes bodily harm to another person by means of a weapon or other instrument or thing likely to produce bodily harm; or (e) Assaults a fire fighter or other employee of a fire department, county fire marshal's office, county fire prevention bureau, or fire protection district who was performing his or her official duties at the time of the assault; or (f) With criminal negligence, causes bodily harm accompanied by substantial pain that extends for a period sufficient to cause considerable suffering; or (g) Assaults a law enforcement officer or other employee of a law enforcement agency who was performing his or her official duties at the time of the assault; or (h) Assaults a peace officer with a projectile stun gun; or (i) Assaults a nurse, physician, or health care provider who was performing his or her nursing or health care duties at the time of the assault. For purposes of this subsection: "Nurse" means a person licensed under chapter 18.79 RCW; "physician" means a person licensed under chapter 18.57 or 18.71 RCW; and "health care provider" means a person certified under chapter 18.71 or 18.73 RCW who performs emergency medical services or a person regulated under Title 18 RCW and employed by, or contracting with, a hospital licensed under chapter 70.41 RCW. (2) Assault in the third degree is a class C felony.[2005 c 458 § 1; 1999 c 328 § 1; 1998 c 94 § 1; 1997 c 172 § 1; 1996 c 266 § 1; 1990 c 236 § 1; 1989 c 169 § 1; 1988 c 158 § 3; 1986 c 257 § 6.]Notes:Effective date -- 1988 c 158: See note following RCW 9A.04.110.Severability -- 1986 c 257: See note following RCW 9A.56.010.Effective date -- 1986 c 257 §§ 3-10: See note following RCW 9A.04.110. RCW 9A.36.041Assault in the fourth degree.(1) A person is guilty of assault in the fourth degree if, under circumstances not amounting to assault in the first, second, or third degree, or custodial assault, he or she assaults another. (2) Assault in the fourth degree is a gross misdemeanor.[1987 c 188 § 2; 1986 c 257 § 7.]Notes:Effective date -- 1986 c 257 §§ 3-10: See note following RCW 9A.04.110.Effective date -- 1987 c 188: See note following RCW 9A.36.100.Severability -- 1986 c 257: See note following RCW 9A.56.010.
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