Offense Against the Person

YSC, Title 11. Crimes & Punishment

Chapter 2: Offenses

Against the Person

§201. Definitions.

§202. Murder.

§203. Manslaughter.

§204. Negligent homicide.

§205. Sexual assault.

§206. Sexual abuse.

§207. Aggravated assault.

§208. Assault with a dangerous weapon.

§209. Assault.

§210. Assault and battery.

§211. Mayhem.

§212. Reckless endangering.

§213. Threats.

§214. Kidnapping.

§215. False imprisonment.

§216. Criminal coercion.

§201. Definitions.

For the purposes of this chapter, the following terms shall have the meaning indicated below:

(a) "Bodily injury" means physical pain, illness, or any impairment of physical condition;

(b) "Dangerous weapon" means any firearm, or other weapon, device, instrument, material, or substance, whether inanimate, or animate, which, in the manner it is used or intended to be used, is capable of producing death or serious bodily injury;

(c) "Serious bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, or permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ;

(d) "Serious psychological injury" means psychological or emotional damage that requires protracted treatment or is characterized by extreme behavioral changes or severe physical symptoms;

(e) "Sexual contact" means any touching of the sexual or other intimate parts of a person not married to the actor, done with the intent of gratifying the sexual desire of either party;

(f) "Sexual penetration" means sexual intercourse, cunnilingus, fellatio, or anal intercourse, or the causing of penetration to any extent, and with any object, of the genital or anal opening of another.

Source: YSL 2-48 §2, terms put into alphabetical order and section modified.

§202. Murder.

Every person who intentionally or knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life, causes the death of another person, shall be guilty of murder, and upon conviction thereof shall be imprisoned for a minimum term of ten years, and may be imprisoned for a maximum term of life, or fined not more than $10,000.00, or both.

Source: YSL 2-48 §2, as amended by YSL 3-22 §4, modified.

Commission Comment: YSL 2-48 repealed the former provisions of Title 11, that included the State Crimes Act. However, prosecutions for offenses committed before the effective date of this division are governed by the prior law, which is continued in effect for that purpose (see section 102 of chapter 1 of this division).

§203. Manslaughter.

(a) Every person who recklessly causes the death of another person shall be guilty of manslaughter, and upon conviction thereof shall be imprisoned for a period of not more than ten years, or fined not more than $5,000.00, or both.

(b) In a prosecution for murder, it is an affirmative defense, which reduces the offense to manslaughter, subject to the same punishment set forth in subsection (a) above, that the homicide was committed under extreme mental or emotional disturbance for which there is a reasonable explanation. The reasonableness of the explanation shall be determined from the viewpoint of a person in the defendant's situation under the circumstances as he believed them to be.

Source: YSL 2-48 §2, as amended by YSL 3-22 §5, modified.

§204. Negligent homicide.

Every person who negligently causes the death of another person, under circumstances where he should be aware of a substantial risk that death will result from his conduct, shall be guilty of negligent homicide, and upon conviction thereof shall be imprisoned for a period of not more than three years, or fined not more than $2,500.00, or both.

Source: YSL 2-48 §2, modified.

§205. Sexual assault.

Every person who intentionally subjects another person to sexual penetration by force, or forces another person to make a sexual penetration on himself or another or on a beast against the other person. s will, or who intentionally engages in sexual penetration with another person whom he knows or should know that the other person is mentally or physically incapable of resisting or understanding the nature of his conduct, or who is an accomplice or accessory to the sexual assault by a third person, shall be guilty of sexual assault, and upon conviction thereof, if serious bodily or psychological injury to the victim results or if a dangerous weapon was used by the defendant, shall be imprisoned for a period of not more than ten years, or fined not more than $10,000.00, or both; if such injury does not result and no weapon was used, the person shall be imprisoned for a period of not more than five years, or fined not more than $5,000.00, or both.

Source: YSL 2-48 §2, as amended by YSL 3-22 §6, modified.

§206. Sexual abuse.

(a) Every person who intentionally has sexual contact with another person who is less than thirteen years old or causes such a person to have sexual contact with him, is guilty of sexual abuse, and upon conviction thereof shall be imprisoned for a period of not more than ten years, or fined not more than $10,000.00, or both.

(b) It is an affirmative defense that the defendant reasonably believed the child to be older than thirteen.

Source: YSL 2-48 §2, as amended by YSL 3-22 §7, modified.

§207. Aggravated assault.

Every person who attempts to cause serious bodily injury to another or causes serious bodily injury intentionally, knowingly, or recklessly under circumstances showing extreme indifference to the value of human life, shall be guilty of aggravated assault, and upon conviction thereof shall be imprisoned for a period of not more than five years, or fined not more than $5,000.00, or both.

Source: YSL 2-48 §2, modified.

§208. Assault with a dangerous weapon.

Every person who attempts to cause or purposely causes bodily injury to another person with a dangerous weapon shall be guilty of assault with a dangerous weapon, and upon conviction thereof shall be imprisoned for a period of not more than five years, or fined not more than $5,000.00, or both.

Source: YSL 2-48 §2, modified.

§209. Assault.

Every person who shall unlawfully offer or attempt, with force or violence, to strike, beat, wound, or to do bodily harm to another, shall be guilty of assault, and upon conviction thereof shall be imprisoned for a period of not more than six months, or fined not more than $100.00, or both.

Source: YSL 2-48 §2, modified.

§210. Assault and battery.

Every person who shall unlawfully strike, beat, wound or otherwise do bodily harm to another, shall be guilty of assault and battery, and upon conviction thereof shall be imprisoned for a period of not more than three years, or shall be fined not more than $100.00, or both.

Source: YSL 2-48 §2, modified.

§211. Mayhem.

Every person who, with intent to maim or disfigure, cut, bite, or slit the nose, ear, or lips, or cut off or disable the tongue, or put out or destroy an eye, or cut off or disable a limb or any member of another person, shall be guilty of mayhem and upon conviction thereof shall be imprisoned for a period of not more than three years, or fined not more than $1,000.00, or both.

Source: YSL 2-48 §2, modified.

§212. Reckless endangering.

Every person who recklessly engages in conduct which places or may place another person in danger of death or serious bodily injury shall be guilty of reckless endangering, and upon conviction thereof shall be imprisoned for a period of not more than six months, or fined not more than $100.00, or both.

Source: YSL 2-48 §2, modified.

§213. Threats.

Every person who threatens to commit any crime of violence with purpose to terrorize another person shall be guilty of threats, and upon conviction thereof shall be imprisoned for a period of not more than six months, or fined not more than $100.00, or both.

Source: YSL 2-48 §2, modified.

§214. Kidnapping.

Every person who unlawfully removes another person from his place of residence or business, or a substantial distance from the vicinity where he is found, or who unlawfully confines another person for a substantial period in a place of isolation, with any of the following purposes:

(a) To hold for ransom or reward, or as a shield or hostage; or

(b) To facilitate commission of any felony or flight thereafter; or

(d) To interfere with the performance of any governmental or political function;

shall be guilty of kidnapping, and upon conviction thereof shall be imprisoned for a period of not more than ten years, or fined not more than $5,000.00, or both.

Source: YSL 2-48 §2, as amended by YSL 3-22 §8, modified.

Commission Comment: Subsection (e) designation is removed as unnecessary and the typographical error "all be guilty . . ." is changed to "shall be guilty . . .".

§215. False imprisonment.

Every person who knowingly and unlawfully restrains another person by force and against his will, so as to interfere substantially with his liberty, shall be guilty of false imprisonment, and upon conviction thereof shall be imprisoned for a period of not more than six months, or fined not more than $100.00, or both.

Source: YSL 2-48 §2, modified.

§216. Criminal coercion.

Every person who intentionally compels or induces another person to engage in conduct from which he has a legal right to abstain or to abstain from conduct in which he has a legal right to engage, by means of instilling in him a fear that, if the demand is not complied with, the defendant or a third person will commit a felony offense, shall be guilty of criminal coercion, and upon conviction thereof shall be imprisoned for a period of not more than five years, or fined not more than $5,000.00, or both.

Source: YSL 2-48 §2, modified.


	YSC, Title 11. Crimes & Punishment Chapter 2: Offenses Against the Person §201. Definitions. §202. Murder. §203. Manslaughter. §204. Negligent homicide. §205. Sexual assault. §206. Sexual abuse. §207. Aggravated assault. §208. Assault with a dangerous weapon. §209. Assault. §210. Assault and battery. §211. Mayhem. §212. Reckless endangering. §213. Threats. §214. Kidnapping. §215. False imprisonment. §216. Criminal coercion. §201. Definitions. For the purposes of this chapter, the following terms shall have the meaning indicated below: (a) "Bodily injury" means physical pain, illness, or any impairment of physical condition; (b) "Dangerous weapon" means any firearm, or other weapon, device, instrument, material, or substance, whether inanimate, or animate, which, in the manner it is used or intended to be used, is capable of producing death or serious bodily injury; (c) "Serious bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, or permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ; (d) "Serious psychological injury" means psychological or emotional damage that requires protracted treatment or is characterized by extreme behavioral changes or severe physical symptoms; (e) "Sexual contact" means any touching of the sexual or other intimate parts of a person not married to the actor, done with the intent of gratifying the sexual desire of either party; (f) "Sexual penetration" means sexual intercourse, cunnilingus, fellatio, or anal intercourse, or the causing of penetration to any extent, and with any object, of the genital or anal opening of another. Source: YSL 2-48 §2, terms put into alphabetical order and section modified. §202. Murder. Every person who intentionally or knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life, causes the death of another person, shall be guilty of murder, and upon conviction thereof shall be imprisoned for a minimum term of ten years, and may be imprisoned for a maximum term of life, or fined not more than $10,000.00, or both. Source: YSL 2-48 §2, as amended by YSL 3-22 §4, modified. Commission Comment: YSL 2-48 repealed the former provisions of Title 11, that included the State Crimes Act. However, prosecutions for offenses committed before the effective date of this division are governed by the prior law, which is continued in effect for that purpose (see section 102 of chapter 1 of this division). §203. Manslaughter. (a) Every person who recklessly causes the death of another person shall be guilty of manslaughter, and upon conviction thereof shall be imprisoned for a period of not more than ten years, or fined not more than $5,000.00, or both. (b) In a prosecution for murder, it is an affirmative defense, which reduces the offense to manslaughter, subject to the same punishment set forth in subsection (a) above, that the homicide was committed under extreme mental or emotional disturbance for which there is a reasonable explanation. The reasonableness of the explanation shall be determined from the viewpoint of a person in the defendant's situation under the circumstances as he believed them to be. Source: YSL 2-48 §2, as amended by YSL 3-22 §5, modified. §204. Negligent homicide. Every person who negligently causes the death of another person, under circumstances where he should be aware of a substantial risk that death will result from his conduct, shall be guilty of negligent homicide, and upon conviction thereof shall be imprisoned for a period of not more than three years, or fined not more than $2,500.00, or both. Source: YSL 2-48 §2, modified. Commission Comment: YSL 2-48 repealed the former provisions of Title 11, that included the State Crimes Act. However, prosecutions for offenses committed before the effective date of this division are governed by the prior law, which is continued in effect for that purpose (see section 102 of chapter 1 of this division). §205. Sexual assault. Every person who intentionally subjects another person to sexual penetration by force, or forces another person to make a sexual penetration on himself or another or on a beast against the other person. s will, or who intentionally engages in sexual penetration with another person whom he knows or should know that the other person is mentally or physically incapable of resisting or understanding the nature of his conduct, or who is an accomplice or accessory to the sexual assault by a third person, shall be guilty of sexual assault, and upon conviction thereof, if serious bodily or psychological injury to the victim results or if a dangerous weapon was used by the defendant, shall be imprisoned for a period of not more than ten years, or fined not more than $10,000.00, or both; if such injury does not result and no weapon was used, the person shall be imprisoned for a period of not more than five years, or fined not more than $5,000.00, or both. Source: YSL 2-48 §2, as amended by YSL 3-22 §6, modified. §206. Sexual abuse. (a) Every person who intentionally has sexual contact with another person who is less than thirteen years old or causes such a person to have sexual contact with him, is guilty of sexual abuse, and upon conviction thereof shall be imprisoned for a period of not more than ten years, or fined not more than $10,000.00, or both. (b) It is an affirmative defense that the defendant reasonably believed the child to be older than thirteen. Source: YSL 2-48 §2, as amended by YSL 3-22 §7, modified. §207. Aggravated assault. Every person who attempts to cause serious bodily injury to another or causes serious bodily injury intentionally, knowingly, or recklessly under circumstances showing extreme indifference to the value of human life, shall be guilty of aggravated assault, and upon conviction thereof shall be imprisoned for a period of not more than five years, or fined not more than $5,000.00, or both. Source: YSL 2-48 §2, modified. §208. Assault with a dangerous weapon. Every person who attempts to cause or purposely causes bodily injury to another person with a dangerous weapon shall be guilty of assault with a dangerous weapon, and upon conviction thereof shall be imprisoned for a period of not more than five years, or fined not more than $5,000.00, or both. Source: YSL 2-48 §2, modified. §209. Assault. Every person who shall unlawfully offer or attempt, with force or violence, to strike, beat, wound, or to do bodily harm to another, shall be guilty of assault, and upon conviction thereof shall be imprisoned for a period of not more than six months, or fined not more than $100.00, or both. Source: YSL 2-48 §2, modified. §210. Assault and battery. Every person who shall unlawfully strike, beat, wound or otherwise do bodily harm to another, shall be guilty of assault and battery, and upon conviction thereof shall be imprisoned for a period of not more than three years, or shall be fined not more than $100.00, or both. Source: YSL 2-48 §2, modified. §211. Mayhem. Every person who, with intent to maim or disfigure, cut, bite, or slit the nose, ear, or lips, or cut off or disable the tongue, or put out or destroy an eye, or cut off or disable a limb or any member of another person, shall be guilty of mayhem and upon conviction thereof shall be imprisoned for a period of not more than three years, or fined not more than $1,000.00, or both. Source: YSL 2-48 §2, modified. §212. Reckless endangering. Every person who recklessly engages in conduct which places or may place another person in danger of death or serious bodily injury shall be guilty of reckless endangering, and upon conviction thereof shall be imprisoned for a period of not more than six months, or fined not more than $100.00, or both. Source: YSL 2-48 §2, modified. §213. Threats. Every person who threatens to commit any crime of violence with purpose to terrorize another person shall be guilty of threats, and upon conviction thereof shall be imprisoned for a period of not more than six months, or fined not more than $100.00, or both. Source: YSL 2-48 §2, modified. §214. Kidnapping. Every person who unlawfully removes another person from his place of residence or business, or a substantial distance from the vicinity where he is found, or who unlawfully confines another person for a substantial period in a place of isolation, with any of the following purposes: (a) To hold for ransom or reward, or as a shield or hostage; or (b) To facilitate commission of any felony or flight thereafter; or (c) To inflict bodily injury on or to terrorize the victim or another; or (d) To interfere with the performance of any governmental or political function; shall be guilty of kidnapping, and upon conviction thereof shall be imprisoned for a period of not more than ten years, or fined not more than $5,000.00, or both. Source: YSL 2-48 §2, as amended by YSL 3-22 §8, modified. Commission Comment: Subsection (e) designation is removed as unnecessary and the typographical error "all be guilty . . ." is changed to "shall be guilty . . .". §215. False imprisonment. Every person who knowingly and unlawfully restrains another person by force and against his will, so as to interfere substantially with his liberty, shall be guilty of false imprisonment, and upon conviction thereof shall be imprisoned for a period of not more than six months, or fined not more than $100.00, or both. Source: YSL 2-48 §2, modified. Commission Comment: YSL 2-48 repealed the former provisions of Title 11, that included the State Crimes Act. However, prosecutions for offenses committed before the effective date of this division are governed by the prior law, which is continued in effect for that purpose (see section 102 of chapter 1 of this division). §216. Criminal coercion. Every person who intentionally compels or induces another person to engage in conduct from which he has a legal right to abstain or to abstain from conduct in which he has a legal right to engage, by means of instilling in him a fear that, if the demand is not complied with, the defendant or a third person will commit a felony offense, shall be guilty of criminal coercion, and upon conviction thereof shall be imprisoned for a period of not more than five years, or fined not more than $5,000.00, or both. Source: YSL 2-48 §2, modified.