Page 590 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10293

(b) Assault in which substantial bodily harm is inflicted.
(i) That the accused assaulted a certain person; and
(ii) That substantial bodily harm was thereby inflicted upon such person.
[Note: Add any of the following elements as applicable:]
(iii) That the injury was inflicted with a loaded firearm.
(iv) That the person was a child under the age of 16 years, or a spouse, intimate partner,
or an immediate family member of the accused.
(c)Assault in which grievous bodily harm is inflicted.
(i) That the accused assaulted a certain person; and
(ii) That grievous bodily harm was thereby inflicted upon such person.
[Note: Add any of the following elements as applicable:]
(iii) That the injury was inflicted with a loaded firearm.
(iv) That the person was a child under the age of 16 years, or a spouse, intimate partner,
or an immediate family member of the accused.
(5) Assault wilh intent to commit specified offenses.
(a) That the accused assaulted a certain person; and
(b) That the accused, at the time of the assault, intended to: kill (as required for murder or
voluntary manslaughter), or commit rape, rape of a child, sexual assault, sexual assault of a child,
robbery, arson, burglary, or kidnapping.
c. F,xplanation.
(1) Definitions of bodily harm.
(a) "Bodily harm" means an offensive touching of another, however slight.
(b) "Substantial bodily harm" means a bodily injury that involves:
(i) a temporary but substantial disfigurement, or
(ii) a temporary but substantial loss or impairment of function of any bodily member,
organ, or mental faculty.
(c) "Grievous bodily harm" means a bodily injury that involves:
(i) a substantial risk of death;
(ii) extreme physical pain;
(iii) protracted and obvious disfigurement; or
(iv) protracted loss or impairment of the function of a bodily member, organ, or mental
faculty.
(2) Simple assault.
(a) Definition of assault. An assault is an unlawful attempt or offer, made with force or
violence, to do bodily harm to another, whether or not the attempt or offer is consummated. It
must be done without legal justification or excuse and without the lawful consent of the person
affected.
(b) Dijjerence betlveen attempt and offer type assaults.
(i) Attempt-type assault. An attempt-type assault requires a specific intent to inflict
bodily harm, and an overt act-that is, an act that amounts to more than mere preparation and
apparently tends to effect the intended bodily harm. An attempt-type assault may be committed
even though the victim had no knowledge of the incident at the time.
(ii) Offer-type assault. An offer-type assault is an unlawful demonstration of violence,
either by an intentional or by a culpably negligent act or omission, which creates in the mind of
another a reasonable apprehension of receiving immediate bodily harm. Specific intent to inflict
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bodily harm is not required.

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