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Subdivision 1.Substantial bodily harm.
Whoever assaults another and inflicts substantial bodily harm may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
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Subd. 2.Past pattern of child abuse.
Whoever assaults a minor may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if the perpetrator has engaged in a past pattern of child abuse against the minor. As used in this subdivision, "child abuse" has the meaning given it in section 609.185, paragraph (a), clause (5).
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Subd. 3.Felony; victim under four.
Whoever assaults a victim under the age of four, and causes bodily harm to the child's head, eyes, or neck, or otherwise causes multiple bruises to the body, is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
Notes of Decisions
Cited in
128
cases (
19 in the last 5 years), 1982–2026 · leading case:
Boutin v. LaFleur, 591 N.W.2d 711 (Minn. 1999).
Boutin v. LaFleur, 591 N.W.2d 711 (Minn. 1999).
· cites it 12× “1 (1998), one count of assault in the third degree in violation of Minn.Stat. § 609.223 (1998), and one count of misdemeanor assault in the fifth degree in violation of Minn.”
State v. Jackson, 749 N.W.2d 353 (Minn. 2008).
· cites it 8× “Minn.Stat. § 609.223 (2006). A departure cannot be based on uncharged criminal conduct.”
Bernhardt v. State, 684 N.W.2d 465 (Minn. 2004).
· cites it 4× “1(3) (2000) (Count IV); and (5) third-degree assault in violation of Minn.Stat. § 609.223, subd. 1 (2000) (Count V).”
State v. Larkin, 620 N.W.2d 335 (Minn. Ct. App. 2001).
· cites it 15× “ISSUE Is an individual who assaults another, causing temporary loss of consciousness, guilty of third-degree assault under Minn. Stat. § 609.223 , subd. 1 (1998)? ANALYSIS Larkin was charged with third-degree assault.”
State v. Vance, 734 N.W.2d 650 (Minn. 2007).
· cites it 4× “Minn.Stat. § 609.223, subd. 1 (2006). Assault is defined as (1) an act done with intent to cause fear in another of immediate bodily harm or death; or (2) the intentional infliction of or attempt to inflict bodily harm upon another.”
State v. Basting, 572 N.W.2d 281 (Minn. 1997).
· cites it 7× “1 and 2 (1996); 2 (3) one count of assault in the third degree in violation of Minn.Stat. § 609.223, subd. 1 (1996); 3 and (4) one count of possession of a firearm by a felon in violation of Minn.”
State v. Hokanson, 821 N.W.2d 340 (Minn. 2012).
· cites it 4× “185(a)(5) (2010), and Minn.Stat. § 609.223, subd. 3 (2010); (2) first-degree murder while committing child abuse (malicious punishment of a child) with a past pattern of child abuse, under Minn.”
State v. Robinson, 718 N.W.2d 400 (Minn. 2006).
· cites it 4× “Robinson was charged with third-degree assault, Minn.Stat. § 609.223, subd. 1 (2004), and interference with an emergency call, Minn.”
State of Minnesota v. Dylan Micheal Kelley, 855 N.W.2d 269 (Minn. 2014).
· cites it 4× “1 (2012), and third-degree assault in violation of Minn. Stat. § 609.223 , subd. 1 (2012). At trial, the State presented evidence that on January 3, 2011, S.”
State v. Defatte, 928 N.W.2d 338 (Minn. 2019).
· cites it 4× “Defatte was charged by the Hubbard County Attorney with five counts, including third-degree assault causing substantial bodily harm, Minn. Stat. § 609.223 , subd. 1 (2018), and domestic abuse by violation of an order for protection (OFP), Minn.”
State v. Holmes, 778 N.W.2d 336 (Minn. 2010).
· cites it 4× “05 (2008), and aiding and abetting third-degree assault, in violation of Minn.Stat. §§ 609.223, subd. 1 (2008), and 609.”
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