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S.77

Introduced by   Senator Illuzzi of Essex-Orleans District

Referred to Committee on

Date:

Subject:  Crimes; simple assault; wounding a person by gunshot  

Statement of purpose:  This bill proposes to increase the penalties for simple assault.

AN ACT RELATING TO SIMPLE ASSAULT

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  13 V.S.A. § 1023 is amended to read:

§ 1023.  SIMPLE ASSAULT

(a)  A person is guilty of simple assault if he the person:

(1)  attempts to cause or purposely, knowingly, or recklessly causes bodily injury to another; or

(2)  negligently causes bodily injury to another with a deadly weapon; or

(3)  attempts by physical menace to put another in fear of imminent serious bodily injury.

(b)  A (1)  Except as provided in subdivision (2) of this subsection, a person who is convicted of simple assault shall be imprisoned for not more than one year or fined not more than $1,000.00, or both, unless the offense is committed in a fight or scuffle entered into by mutual consent, in which case a person convicted of simple assault shall be imprisoned not more than 60 days or fined not more than $500.00 or both violating:

(A)  subdivision (a)(1) of this section shall be imprisoned for not more than one year or fined not more than $1,000.00, or both;

(B)  subdivision (a)(2) of this section shall be imprisoned for not more than two years or fined not more than $1,000.00, or both;

(C)  subdivision (a)(3) of this section:

(i)  if the physical menace involved the use of a firearm, whether or not the firearm was loaded, shall be imprisoned for not more than two years or fined not more than $1,000.00, or both;

(ii)  if the physical menace did not involve the use of a firearm, shall be imprisoned for not more than one year or fined not more than $1,000.00, or both.

(2)  If a person is convicted of violating this section, and the offense is committed in a fight or scuffle entered into by mutual consent, the person shall be imprisoned for not more than 60 days or fined not more than $500.00, or both.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us