Arkansas § 5-13-202 - Battery in the second degree.

§ 5-13-202. Battery in the second degree.

A person commits battery in the second degree if: With the purpose of causing physical injury to another person, the person causes serious physical injury to another person; With the purpose of causing physical injury to another person, the person causes physical injury to another person by means of a deadly weapon other than a firearm; The person recklessly causes serious physical injury to another person: By means of a deadly weapon; or While operating or in actual physical control of a motor vehicle or motorboat if at the time: The person is intoxicated; or The alcohol concentration in the person's breath or blood is eight-hundredths (0.08) or more based upon the definition of alcohol concentration in § 5-65-204; or The person knowingly, without legal justification, causes physical injury to or incapacitates a person he or she knows to be: A law enforcement officer, firefighter, code enforcement officer, or employee of a correctional facility while the law enforcement officer, firefighter, code enforcement officer, or employee of a correctional facility is acting in the line of duty. As used in this subdivision (a)(4)(A): “Code enforcement officer” means an individual charged with the duty of enforcing a municipal code, municipal ordinance, or municipal regulation as defined by a municipal code, municipal ordinance, or municipal regulation. “Code enforcement officer” includes a municipal animal control officer; and “Employee of a correctional facility” includes a person working under a professional services contract with the Division of Correction, the Division of Community Correction, or the Division of Youth Services; A teacher or other school employee while acting in the course of employment; An individual sixty (60) years of age or older or twelve (12) years of age or younger; An officer or employee of the state while the officer or employee of the state is acting in the performance of his or her lawful duty; While performing medical treatment or emergency medical services or while in the course of other employment relating to his or her medical training: A physician; A person licensed as emergency medical services personnel, as defined in § 20-13-202; A licensed or certified healthcare professional; or Any other healthcare provider; or An individual who is incompetent, as defined in § 5-25-101. Battery in the second degree under subdivision (a)(3)(B) of this section is a Class C felony. Otherwise, battery in the second degree is a Class D felony. As used in this section, “motorboat” means the same as defined in § 5-65-102.