Assault consists of either:
- an attempt to commit a battery upon the person of another;
- any unlawful act, threat or menacing conduct which causes another person to reasonably believe that he is in danger of receiving an immediate battery; or
- the use of insulting language toward another impugning his honor, delicacy or reputation.
Whoever commits assault is guilty of a petty misdemeanor.
History: 1953 Comp., § 40A-3-1, enacted by Laws 1963, ch. 303, § 3-1.
30-3-2. Aggravated assault.
Aggravated assault consists of either:
- unlawfully assaulting or striking at another with a deadly weapon;
- committing assault by threatening or menacing another while wearing a mask, hood, robe or other covering upon the face, head or body, or while disguised in any manner, so as to conceal identity; or
- willfully and intentionally assaulting another with intent to commit any felony.
Whoever commits aggravated assault is guilty of a fourth degree felony.
History: 1953 Comp., § 40A-3-2, enacted by Laws 1963, ch. 303, § 3-2.
30-3-3. Assault with intent to commit a violent felony.
Assault with intent to commit a violent felony consists of any person assaulting another with intent to kill or commit any murder, mayhem, criminal sexual penetration in the first, second or third degree, robbery or burglary.
Whoever commits assault with intent to commit a violent felony is guilty of a third degree felony.