Tennessee § 39-13-101 - Assault.

§ 39-13-101. Assault.

A person commits assault who: Intentionally, knowingly or recklessly causes bodily injury to another; Intentionally or knowingly causes another to reasonably fear imminent bodily injury; or Intentionally or knowingly causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative. Assault under: Subdivision (a)(1) is a Class A misdemeanor, punishable by incarceration and a fine not to exceed fifteen thousand dollars ($15,000); Subdivision (a)(2) is a Class A misdemeanor; and Subdivision (a)(3) is a Class B misdemeanor. Any conduct by an inmate against a correctional officer, guard, jailer, or other full-time employee of a penal institution, local jail, or workhouse, that would constitute an assault under subdivision (a)(1) shall be reported by the managing authority of the institution to the appropriate district attorney general for prosecution. 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 no less than one hundred dollars ($100) and 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. For purposes of this section and § 39-13-102, “health care provider” means a person who is licensed, certified or otherwise authorized or permitted by the laws of this state to administer health care in the ordinary course of business in the practicing of a profession. Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 11; 2002, ch. 649, § 1; 2009, ch. 412, § 1; 2010, ch. 981, § 2; 2013, ch. 325, §§ 1, 3; 2016, ch. 1052, § 1; 2018, ch. 925, § 1; 2020, ch. 756, § 1. Sentencing Commission Comments. This section is the generic misdemeanor assault offense. “Bodily injury,” broadly defined in § 39-11-106 , includes abrasions and cuts, physical pain, illness or impairment. Subdivision (a)(3) extends beyond “bodily injury” and proscribes physical contact that a “reasonable person” would consider extremely offensive or provocative. Since bodily injury is more harmful than physical contact, it is punished if done intentionally, knowingly or recklessly. Both fear of bodily injury and physical contact must be done intentionally or knowingly to constitute assault; recklessness is not sufficient. When bodily injury results or is reasonably feared, the offense is a Class A misdemeanor. If only physical contact which is extremely offensive or provocative occurs, the offense is a Class B misdemeanor. Compiler's Notes. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Acts 2020, ch. 756, § 2 provided that the act, which amended this section, applies to offenses occurring on or after July 1, 2020. Amendments. The 2018 amendment, in (b), rewrote former (1)(A) which read: “Assault is a Class A misdemeanor unless the offense is committed under subdivision (a)(3), in which event assault is a Class B misdemeanor; provided, that, if the offense is committed against a law enforcement officer or a health care provider acting in the discharge of the provider's duty, then the maximum fine shall be five thousand dollars ($5,000).”, added present (1)(B) and (1)(C), redesignated former (1)(B) and (2) as present (2) and (3), respectively, and substituted “the managing authority of the institution” for “the department of correction” in present (2). The 2020 amendment substituted “but no less than one hundred dollars ($100) and not in excess of two hundred dollars ($200).” for “but not in excess of two hundred dollars ($200).” at the end of the first sentence in (b)(3). Effective Dates. Acts 2018, ch. 925, § 5. July 1, 2018. Acts 2020, ch. 756, § 2. July 1, 2020. Cross-References. Attempt, § 39-12-101 . Child sexual abuse, title 37, ch. 1, part 6. Criminal injuries compensation claim procedure for child sexual abuse victims, § 29-13-108 . Criminal injuries compensation for child sexual abuse victims, § 29-13-106 . Criminal injuries compensation fund privilege tax upon persons committing sexual offenses upon children, § 40-24-107 . Culpability, title 39, ch. 11, part 3. Jury providing punishment for less than one year, § 40-20-103 . Limitation of actions in prosecutions for offenses committed against children, § 40-2-101 . Notification to victim that family member or household member who was arrested for assault may be released on bond, § 36-3-615 . Penalties for Class A and B misdemeanors, § 40-35-111 . Robbery, §§ 39-13-401 , 39-13-402 . Spousal abuse, title 36, ch. 3, part 6. Title definitions, § 39-11-106 . Weapons, title 39, ch. 17, part 13. Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 27.103, 32.64, 32.131. Tennessee Jurisprudence, 3 Tenn. Juris., Assault and Battery, § 1; 10 Tenn. Juris., Double Jeopardy, § 11; 14 Tenn. Juris., Homicide, §§ 32, 33, 62; 21 Tenn. Juris., Rape, §§ 7, 8; 22 Tenn. Juris., Robbery, § 4. Law Reviews. Defusing Bomb-Blast Terrorism: A Legal Survey of Technological and Regulatory Alternatives, 66 Tenn. L. Rev. 177 (1999). Denying the Dyad: How Criminalizing Pregnant Drug Use Harms the Baby, Taxpayers and Vulnerable Women, 82 Tenn. L. Rev. 745 (2015). No Safe Harbors: Examining the Shift From Voluntary Treatment Options to Criminalization of Maternal Drug Use in Tennessee, 46 U. Mem. L. Rev. 203 (2015). The Proposed Tennessee Criminal Code — General Interpretive Provisions and Culpability, 41 Tenn. L. Rev. 131 (1975). Invisible Bars: Adapting the Crime of False Imprisonment to Better Address Coercive Control and Domestic Violence in Tennessee, 71 Vand. L. Rev. 681 (2018).