Full question:
Is it possible to prove an assault was committed even if you can't see any bruises? Could it be possible to find something with an x-ray to prove an assault was committed?
- Category: Criminal
- Subcategory: Assault
- Date:
- State: Pennsylvania
Answer:
The following are Pennsylvania statutes:
18 Pa.C.S.A. § 2701. Simple assault
(a) Offense defined. — A person is guilty of assault if he:
(1) attempts to cause or intentionally, knowingly or recklessly causes
bodily injury to another;
(2) negligently causes bodily injury to another with a deadly weapon;
(3) attempts by physical menace to put another in fear of imminent
serious bodily injury; or
(4) conceals or attempts to conceal a hypodermic needle on his person
and intentionally or knowingly penetrates a law enforcement officer or an
officer or an employee of a correctional institution, county jail or
prison, detention facility or mental hospital during the course of an
arrest or any search of the person.
(b) Grading. — Simple assault is a misdemeanor of the second
degree unless committed:
(1) in a fight or scuffle entered into by mutual consent, in which case
it is a misdemeanor of the third degree; or
(2) against a child under 12 years of age by an adult 21 years of age
or older, in which case it is a misdemeanor of the first degree.
18 Pa.C.S.A. § 2702. Aggravated assault
(a) Offense defined. — A person is guilty of aggravated
assault if he:
(1) attempts to cause serious bodily injury to another, or
causes such injury intentionally, knowingly or recklessly
under circumstances manifesting extreme indifference to
the value of human life;
(2) attempts to cause or intentionally, knowingly or
recklessly causes serious bodily injury to any of the
officers, agents, employees or other persons enumerated
in subsection (e) or to an employee of an agency, company
or other entity engaged in public transportation, while in
the performance of duty;
(3) attempts to cause or intentionally or knowingly
causes bodily injury to any of the officers, agents, employees
or other persons enumerated in subsection (c), in the
performance of duty;
(4) attempts to cause or intentionally or knowingly
causes bodily injury to another with a deadly weapon;
(5) attempts to cause or intentionally or knowingly
causes bodily injury to a teaching staff member, school
board member or other employee, including a student
employee, of any elementary or secondary publicly-funded
educational institution, any elementary or secondary
private school licensed by the Department of Education
or any elementary or secondary parochial school while
acting in the scope of his or her employment or because
of his or her employment relationship to the school;
(6) attempts by physical menace to put any of the
officers, agents, employees or other persons enumerated
in subsection (c), while in the performance of duty, in
fear of imminent serious bodily injury; or
(7) uses tear or noxious gas as defined in section 2708(b)
(relating to use of tear or noxious gas in labor disputes) or
uses an electric or electronic incapacitation device against
any officer, employee or other person enumerated in
subsection (c) while acting in the scope of his employment.
(b) Grading. — Aggravated assault under subsection (a)(1)
and (2) is a felony of the first degree. Aggravated
assault under subsection (a)(3), (4), (5), (6) and (7)
is a felony of the second degree.
(c) Officers, employees, etc., enumerated. — The officers,
agents, employees and other persons referred to in
subsection (a) shall be as follows:
(1) Police officer.
(2) Firefighter.
(3) County adult probation or parole officer.
(4) County juvenile probation or parole officer.
(5) An agent of the Pennsylvania Board of Probation and
Parole.
(6) Sheriff.
(7) Deputy sheriff.
(8) Liquor control enforcement agent.
(9) Officer or employee of a correctional institution,
county jail or prison, juvenile detention center or any
other facility to which the person has been ordered by
the court pursuant to a petition alleging delinquency
under 42 Pa.C.S. Ch. 63 (relating to juvenile matters).
(10) Judge of any court in the unified judicial system.
(11) The Attorney General.
(12) A deputy attorney general.
(13) A district attorney.
(14) An assistant district attorney.
(15) A public defender.
(16) An assistant public defender.
(17) A Federal law enforcement official.
(18) A State law enforcement official.
(19) A local law enforcement official.
(20) Any person employed to assist or who assists any
Federal, State or local law enforcement official.
(21) Emergency medical services personnel.
(22) Parking enforcement officer.
(23) A district justice.
(24) A constable.
(25) A deputy constable.
(26) A psychiatric aide.
(27) A teaching staff member, a school board member or
other employee, including a student employee, of any
elementary or secondary publicly funded educational
institution, any elementary or secondary private school
licensed by the Department of Education or any elementary
or secondary parochial school while acting in the scope of
his or her employment or because of his or her employment
relationship to the school.
(28) Governor.
(29) Lieutenant Governor.
(30) Auditor General.
(31) State Treasurer.
(32) Member of the General Assembly.
(33) An employee of the Department of Environmental
Protection.
(34) An individual engaged in the private detective
business as defined in section 2(a) and (b) of the act
of August 21, 1953 (P.L. 1273, No. 361),[fn1] known as The
Private Detective Act of 1953.
(35) An employee or agent of a county children and youth
social service agency or of the legal representative of
such agency.
(36) A public utility employee or an employee of an
electric cooperative.
(d) Definitions. — As used in this section, the following
words and phrases shall have the meanings given to them
in this subsection:
"Electric or electronic incapacitation device." A
portable device which is designed or intended by the
manufacturer to be used, offensively or defensively, to
temporarily immobilize or incapacitate persons by means
of electric pulse or current, including devices operated
by means of carbon dioxide propellant. The term does
not include cattle prods, electric fences or other
electric devices when used in agricultural, animal
husbandry or food production activities,
"Emergency medical services personnel." The term includes,
but is not limited to, doctors, residents, interns, registered
nurses, licensed practical nurses, nurse aides, ambulance
attendants and operators, paramedics, emergency medical
technicians and members of a hospital security force while
working within the scope of their employment.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
