IMPORTANT PLEASE READ: New Missouri Statute
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Saturday, December 24, 2016

IMPORTANT PLEASE READ: New Missouri Statute

Dear Parents/Guardians:

We want to make you aware of a few new State Statutes that will go into effect on January 1, 2017, which may have a drastic impact on how incidents are handled in area school districts.

The way the new statue reads, if a person commits the offense of an assault in the third degree this will now be classified as a Class E Felony, rather than a misdemeanor. If he or she knowingly causes physical injury to another person (hits someone or has a fight with another individual and an injury occurs) – one or both participants may be charged with a Felony.

What does this mean for students?

For example, if two students are fighting and one child is injured, the student who caused the injury may be charged with a felony. Student(s) who are caught fighting in school, bus or on school grounds may now be charged with a felony (no matter the age or grade level), if this assault is witnessed by one of the School Resource Officers/police officers (SRO) or if the SRO/local law enforcement officials have to intervene.

 

Beginning in 2017

 

Assault in the third degree.  http://www.moga.mo.gov/mostatutes/stathtml/56500000541.html

Statue 565.054.1 -- A person commits the crime of assault in the third degree, if:

  1. -- A person commits the offense of assault in the third degree if he or she knowingly causes physical injury to another person.

 

  1. The offense of assault in the third degree is a class E felony, unless the victim of such assault is a special victim, as the term "special victim" is defined under section002in which case it is a class D felony.

 

Assault in the fourth degree.  http://www.moga.mo.gov/mostatutes/stathtml/56500000561.html

 

Statue 565.056. 1. -- A person commits the offense of assault in the fourth degree, if:

(1) The person attempts to cause or recklessly causes physical injury, physical pain, or illness to another person;

(2) With criminal negligence the person causes physical injury to another person by means of a firearm;

(3) The person purposely places another person in apprehension of immediate physical injury;

(4) The person recklessly engages in conduct, which creates a substantial risk of death or serious physical injury to another person;

(5) The person knowingly causes or attempts to cause physical contact with a person with a disability, which a reasonable person, who does not have a disability, would consider offensive or provocative; or

(6) The person knowingly causes physical contact with another person knowing the other person will regard the contact as offensive or provocative.

  1. Except as provided in subsection 3 of this section, assault in the fourth degree is a class A misdemeanor.
  2. Violation of the provisions of subdivision (3) or (6) of subsection 1 of this section is a class C misdemeanor unless the victim is a special victim, as the term "special victim" is defined under section565.002, in which case a violation of such provisions is a class A misdemeanor.

 

Art McCoy, Ph.D.
Superintendent of Schools