565.052. Assault, second degree, penalty. — 1. A person commits the offense of assault in the second degree if he or she:
(1) Attempts to kill or knowingly causes or attempts to cause serious physical injury to another person under the influence of sudden passion arising out of adequate cause; or
(2) Attempts to cause or knowingly causes physical injury to another person by means of a deadly weapon or dangerous instrument; or
(3) Recklessly causes serious physical injury to another person; or
(4) Recklessly causes physical injury to another person by means of discharge of a firearm.
2. The defendant shall have the burden of injecting the issue of influence of sudden passion arising from adequate cause under subdivision (1) of subsection 1 of this section.
3. The offense of assault in the second degree is a class D felony, unless the victim of such assault is a special victim, as the term "special victim" is defined under section 565.002, in which case it is a class B felony.
Notes of Decisions
Cited in
30
cases (
20 in the last 5 years), 2017–2025 · leading case:
State v. Brown, 524 S.W.3d 44 (Mo. 2017).
State v. Brown, 524 S.W.3d 44 (Mo. 2017).
· cites it 2× “070, third degree assault, were amended effective January 1, 2017, and transferred to section 565.052 and section 565.054, respectively, in 2014.”
United States v. Leland Schneider, 905 F.3d 1088 (8th Cir. 2018).
“2d 92 , 94 (2000) (holding that wanton or reckless conduct can satisfy the intent element of assault and battery); Mo. Rev. Stat. § 565.052 (1)(3) ; N.H. Rev.”
United States v. Tracy Parker, 929 F.3d 940 (8th Cir. 2019).
“1 (2) (2010) (current version at Mo. Rev. Stat. § 565.052 ) is a crime of violence.”
United States v. Ronald Brown, 947 F.3d 503 (8th Cir. 2020).
“2016) (cleaned up); see Mo. Rev. Stat. § 565.052 (1)(2). A law enforcement officer assaulted in the performance of his or her official duties is classified as a “special victim,” a Class B felony with a maximum sentence of twenty years.”
State of Missouri v. Tyesha Lynette Peck (Mo. Ct. App. 2023).
· cites it 4× “Peck contends that the trial court erred in finding that she knowingly, voluntarily, and intelligently waived her right to counsel. For the reasons explained herein, we reverse and remand for a new trial consistent with this opinion.”
State of Missouri v. Roger J. Beck, Jr. (Mo. Ct. App. 2019).
· cites it 3× “§ 565.052; § 571.015.2 Following the verdict, Beck filed a motion for judgment of acquittal notwithstanding the verdict or for new trial, which the trial court denied.”
In the Interest of: A.B.
vs.
Juv. Officer (Mo. Ct. App. 2025).
· cites it 3× “It added the following allegation in paragraph 4f: The juvenile, in violation of Section 565.052, RSMo, committed the class D felony of assault in the second degree in that on or about April 25, 2024, in the County of Henry, State of Missouri, the juvenile knowingly caused…”
State of Missouri v. John C. Young, Jr. (Mo. Ct. App. 2019).
· cites it 2× “015 related to count III, Count V - assault in the second degree (victim Monroe) under section 565.052, Count VI - armed criminal action under 571.”
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