American Samoa § 46.3522 - Assault in the 3rd degree.

§ 46.3522. Assault in the 3rd degree.

(a) A person commits the crime of assault in the 3rd degree if: (1) he attempts to cause or recklessly causes physical injury to another person; (2) with criminal negligence he causes physical injury to another person by means of a deadly weapon; or (3) he purposely places another person in apprehension of immediate physical injury; (4) he recklessly engages in conduct which creates a grave risk of death or serious physical injury to another person; or (5) he knowingly causes physical contact with another person knowing the other person will regard the contact as offensive or provocative. (b) Assault in the 3rd degree is a class A misdemeanor unless committed under paragraph (a) (3) or (5): then it is a class C misdemeanor. Case Notes: Justification of self-defense requires showing defendant was actually in fear of his life or serious bodily injury and conduct of other party was such to produce state in mind of a reasonable person. Injury to himself by others, fully warranted his fears. Government v Fun. ASR (1976). Because third-degree assault can be committed “recklessly” or even “with criminal negligence,” a guilty plea does not establish what injuries, if any, were inflicted upon plaintiff, nor does it establish that defendant acted intentionally, an essential element of the tort of battery. A.S.C.A. § 46.3522(a)(1) & (4). Galea`i v. Atofau, 16 A.S.R.2d 76 (1990). A finding of self-defense is a complete defense to a criminal charge of third-degree assault. A.S.C.A. §§ 46.3305 & 46.3522(a). Galea`i v. Atofau, 16 A.S.R.2d 76 (1990). Research Guide: MCC 565.070, 15 ASC 201 —206.