Tennessee § 39-13-102 - Aggravated assault.

§ 39-13-102. Aggravated assault.

A person commits aggravated assault who: Intentionally or knowingly commits an assault as defined in § 39-13-101, and the assault: Results in serious bodily injury to another; Results in the death of another; Involved the use or display of a deadly weapon; or Involved strangulation or attempted strangulation; or Recklessly commits an assault as defined in § 39-13-101(a)(1), and the assault: Results in serious bodily injury to another; Results in the death of another; or Involved the use or display of a deadly weapon. 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. 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. 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. [Deleted by 2018 amendment.] Aggravated assault under: [Deleted by 2018 amendment.] Subdivision (a)(1)(A)(i), (iii), or (iv) is a Class C felony; Subdivision (a)(1)(A)(ii) is a Class C felony; Subdivision (b) or (c) is a Class C felony; Subdivision (a)(1)(B)(i) or (iii) is a Class D felony; Subdivision (a)(1)(B)(ii) is a Class D felony. 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. 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. 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. Subdivision (e)(3)(A) applies if: 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; The offense occurred while the victim was in the discharge of official duties and within the victim's scope of employment; and 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. 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. 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: The violation was committed by discharging a firearm from within a motor vehicle, as defined by § 55-1-103; and The victim was a minor at the time of the violation. 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; 2013, ch. 325, § 2; 2013, ch. 407, § 1; 2013, ch. 461, §§ 2, 3; 2015, ch. 283, § 1; 2015, ch. 306, §§ 1, 2; 2018, ch. 925, §§ 2-4; 2018, ch. 1046, § 1; 2019, ch. 149, § 1; 2019, ch. 485, § 2; 2020 (2nd Ex. Sess.), ch. 3, § 3. Sentencing Commission Comments. This section punishes as a felony serious assaults. Subdivision (a)(1) requires the offender to commit an assault in violation of § 39-13-101 , and to satisfy one of two other aggravating conditions. Subsection (b) provides for enhanced punishment when the victim of the aggravated assault is a law enforcement, probation or parole officer or a firefighter. Compiler's Notes. Acts 2005, ch. 353, § 18 provided that the act shall apply to sentencing for criminal offenses committed on or after June 7, 2005. Offenses committed prior to June 7, 2005, shall be governed by prior law, which shall apply in all respects. However, for defendants who are sentenced after June 7, 2005, for offenses committed on or after July 1, 1982, the defendant may elect to be sentenced under the provisions of the act by executing a waiver of such defendant's ex post facto protections. Upon executing such a waiver, all provisions of the act shall apply to the defendant. Acts 2005, ch. 353, § 19 provided that the act shall have no application to sentencing for persons convicted of murder in the first degree, which shall be governed by the provisions of §§ 39-13-202 — 39-13-208 . Acts 2005, ch. 353, § 20(b) provided that the Tennessee code commission is requested to insert a cross reference in §§ 39-13-102 , 39-13-502 , 39-13-503 , 39-13-505 , 39-13-506 , 39-13-522 , 39-14-302 and 39-14-408 to § 40-35-114 stating that the enhancement factor formerly found in each such section was moved to § 40-35-114 so that all enhancement factors are located in one (1) section. Acts 2011, ch. 401, § 2 provided that the act, which amended subsection (a), shall apply to all offenses committed on or after July 1, 2011. Acts 2013, ch. 461, § 1 provided that subdivisions (a)(1)(A)(ii) and (a)(1)(B)(ii) shall be known and may be cited as “Boomer's Law.” Acts 2013, ch. 461, § 5 provided that the act, which amended subsections (a) and (e), shall apply to all offenses committed on or after July 1, 2013. Acts 2015, ch. 283, § 2 provided that the act, which added (e)(3), shall apply to any applicable aggravated assault committed on or after July 1, 2015. Acts 2018, ch. 1046, § 12 provided that the act, which amended this section, shall apply to offenses committed on or after July 1, 2018. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Acts 2019, ch. 149, § 2 provided that the act shall apply to violations occurring on or after July 1, 2019. Acts 2019, ch. 485, § 1 provided that the act, which amended this section, shall be known and may be cited as the “JaJuan Latham Act”. For the Preamble to the act concerning a uniform framework of laws that will protect the rights of all Tennesseans to peacefully demonstrate, see Acts 2020 (2nd Ex. Sess.), ch. 3. 2020 (2nd Ex. Sess.), ch. 3, § 26 provided that the act, which amended this section, applies to offenses committed after August 20, 2020. Amendments. The 2018 amendment by ch. 925 deleted former (d) which read: “A person commits aggravated assault who, with intent to cause physical injury to any public employee or an employee of a transportation system, public or private, whose operation is authorized by title 7, chapter 56, causes physical injury to the employee while the public employee is performing a duty within the scope of the public employee’s employment or while the transportation system employee is performing an assigned duty on, or directly related to, the operation of a transit vehicle.”; and, in (e), deleted former (e)(1)(A)(i) which read: “Subsection (d) is a Class A misdemeanor;” and substituted “"or subsection (c)” for “subsection (c), or subsection (d)” in (e)(1)(B). The 2018 amendment by ch. 1046 added (e)(4). The 2019 amendment by ch. 149, in (e)(1)(B), substituted “Healthcare provider” for “Health care provider” in (vi) and added (viii). The 2019 amendment by ch. 485 added (e)(5). The 2020 (2nd Ex. Sess.) amendment by ch. 3 rewrote (e)(1)(B), which read: “(B) However, the maximum fine shall be fifteen thousand dollars ($15,000) for an offense under subdivision (a)(1)(A) or (a)(1)(B), or subsection (c), committed against any of the following persons who are discharging or attempting to discharge their official duties:“(i) Law enforcement officer;“(ii) Firefighter;“(iii) Medical fire responder;“(iv) Paramedic;“(v) Emergency medical technician;“(vi) Healthcare provider;“(vii) Any other first responder; or“(viii) An identifiable employee or contractor of a utility.” Effective Dates. Acts 2018, ch. 925, § 5. July 1, 2018. Acts 2018, ch. 1046, § 12. July 1, 2018. Acts 2019, ch. 149, § 2. July 1, 2019. Acts 2019, ch. 485, § 4. July 1, 2019. Acts 2020 (2nd Ex. Sess.), ch. 3, § 26. August 20, 2020. Cross-References. Admission to bail pending appeal, § 40-11-113 . Criminal attempt, § 39-12-101 . Criminal sentencing enhancement factors, § 40-35-114 . Criminal Sentencing Reform Act, title 40, ch. 35. Culpability, title 39, ch. 11, part 3. Injunctions, title 29, ch. 23. Jury may provide punishment for less than one year, § 40-20-103 . 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 C and D felonies, § 40-35-111 . Recovery barred for injuries suffered in attempting to commit a felony on property of another, § 29-34-201 . Spousal abuse, title 36, ch. 3, part 6. Title definitions, § 39-11-106 . Use of force defending residence against intruder, § 39-11-611 . Vandalism, § 39-14-408 . Verdict and sentence on felony conviction, § 40-20-107 . Weapons, title 39, ch. 17, part 13. Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 27.103, 28.119, 32.3, 32.64. Tennessee Jurisprudence, 3 Tenn. Juris., Assault and Battery, §§ 1, 2; 4 Tenn. Juris., Automobiles and Other Vehicles, § 32; 8 Tenn. Juris., Criminal Procedure, § 3; 21 Tenn. Juris., Rape, § 8. Law Reviews. Criminal Attempt — Murder Two: The Law in Tennessee After State v. Kimbrough (Barbara Kritchevsky), 28 U. Mem. L. Rev. 3 (1997).