(1) the suspect

(a) intentionally causes serious physical injury to someone by means of a deadly or dangerous weapon

(b) intentionally, knowingly causes serious physical injury to a child under 6

(c) violates 163.175 (assault 2) knowing victim pregnant

(d) intentionally, knowingly, recklessly causes serious physical injury to someone else while operating a motor vehicle 813.010 (duii) AND

(A) has three (3) or more prior 813.010 (duii) convictions or its statutory counterpart in any jurisdiction, in the ten (10) years prior to the date of the current offense OR

(B)(i) has prior convictions for:

• 163.118 (manslaughter 1)

• 163.125 (manslaughter 2)

• 163.145 (criminally negligent homicide)

• this statute

• 163.175 (assault 2)

• 163.165 (assault 3) AND

(ii) the victim's death or serious physical injury in a prior conviction was caused by suspect driving a motor vehicle

(1) the suspect:

(a) intentionally or knowingly causes serious physical injury to someone else

(b) intentionally or knowingly causes causes physical injury to someone else with a dangerous weapon or a deadly weapon

(c) recklessly causes serious physical injury with a dangerous weapon or a deadly weapon with an extreme indifference to the value of human life

(1) F(c): if the suspect:

(a) recklessly causes serious physical injury to someone else with a dangerous weapon or deadly weapon

(b) recklessly causes serious physical injury to someone else with an extreme indifference to the value of human life

(c) recklessly causes physical injury with a dangerous weapon or deadly weapon with an extreme indifference to the value of human life

(d) intentionally, knowingly or recklessly - but not with a motor vehicle - causes physical injury to an operator of a public transit vehicle who is in control of or operating the vehicle

(e) intentionally or knowingly causes physical injury while being aided by someone else who is present

(f) while committed to a youth correction facility, intentionally or knowingly causes physical injury knowing the victim is a staff member who is acting in the course of their official duty

(g) intentionally, knowingly or recklessly causes physical injury to an EMS provider who is performing official duties

(h) the suspect eighteen (18) or older & intentionally or knowingly causes physical injury to a child ten (10) or younger

(i) intentionally, knowingly or recklessly - but not with a motor vehicle - causes physical injury to a taxi driver while the driver is in control of the taxi

(j) intentionally, knowingly, recklessly causes physical injury to a flagger or highway worker performing their official duties

(2)(b) F(b):

(A) the assault was committed with a motor vehicle AND

(B) the suspect was driving & was DUII

(1) M(a): if the suspect:

(a) intentionally, knowingly, recklessly causes physical injury

(b) with criminal negligence causes physical injury with a deadly weapon OR

(c) with criminal negligence causes serious physical injury with a motor vehicle to a vulnerable user of a public way

(3) F(c): regardless of the above if:

(a) the assault is committed in the presence of, or seen or directly perceived in any other manner by the suspect's or victim's minor child, stepchild or a minor child residing within the suspects's or victim's household

(b) the suspect has a prior conviction for 163.165 (assault 3), 163.175 (assault 2), 163.185 (assault 1), 163.187 (strangulation), 163.190 (menacing) or an equivalent crime in another jurisdiction, and the victim in the previous conviction is the same as the current victim

(c) the suspect has three (3) or more prior convictions for 163.165 (assault 3), 163.175 (assault 2), 163.185 (assault 1), 163.187 (strangulation), 163.190 (menacing) or an equivalent crime in another jurisdiction, in any combination OR

(d) the suspect knows the victim is pregnant

(1) it's a violation of this statute to intentionally or knowingly cause physical injury knowing that the victim is a peace officer, parole officer, probation officer, corrections officer, youth corrections officer, firefighter, animal control officer, or staff while that person is acting in course of official duty

(3)(a) except as otherwise provided in paragraph (b), anyone convicted under this statute will be sentenced to not less than seven (7) days of imprisonment & won't be granted bench parole or suspension of sentence nor released on a sentence of probation before serving at least seven (7) days of the sentence of confinement

(b) if the victim is a peace officer, then anyone convicted under this section will be sentenced to not less than fourteen (14) days of imprisonment & won't be granted bench parole or suspension of sentence nor released on a sentence of probation before serving at least fourteen (14) days of the sentence of confinement

(1) Due to a perception of victim's characteristics

(a) intentionally, knowingly, recklessly causes physical injury

(b) with criminal negligence causes physical injury by deadly weapon

(c) intentionally, places another in fear of imminent serious physical injury

• Characteristics are race, color, religion, gender identity, sexual orientation, disability or national origin

(1)(a) tampers or interferes with property to cause substantial inconvenience based on a perception of the victim's characteristics

(b) intentionally subjects another to offensive physical contact due to a perception of the victim's characteristics

(c) due to a perception of the characteristics of the victim or the victim's family, intentionally subjects a person to alarm by threatening to:

(A) inflict serious physical injury or commit a felony affecting the victim or the victim's family member

(B) cause substantial damage to the property of the victim victim or victim's family member

• characteristics are: race, color, religion, gender identity, sexual orientation, disability or national origin

(1) compels or induces the victim to:

• engage in conduct that the victim has a legal right to refrain from OR

• to not engage in conduct in that the victim has a legal right to engage in

by instilling in the victim a fear that, if they don't do what the suspect tells them to engage or not engage in, the suspect or another will:

(a) unlawfully cause physical injury to a person

(b) unlawfully cause physical injury to an animal

(c) unlawfully cause damage to property

(d) engage in conduct constituting a crime

(e) falsely accuse someone of a crime or cause criminal charges to be instituted against the person

(f) cause or continue a strike, boycott or other collective action injurious to someone's business...

(g) testify falsely or provide false information or withhold testimony or information with respect to another's legal claim or defense

(h) unlawfully use or abuse the suspect's position as a public servant by performing some act within or related to official duties, or by failing or refusing to perform an official duty, in such manner as to affect another adversely

in any prosecution for coercion committed by instilling in the victim a fear that they or someone else would be charged with a crime, it's a defense that the defendant reasonably believed the threatened charge to be true & their sole purpose was to compel or induce the victim to take reasonable action to make good the wrong which was the subject of the threatened charge - (163.285 - defense to coercion)

(1)(a) in violation of a legal duty to provide care to another, or having assumed permanent or temporary care, custody or responsibility for supervising another, intentionally or knowingly withholds necessary & adequate food, physical care or medical attention from the cared for person OR

(b) in violation of a legal duty to provide care for a dependent person or elderly person, or having assumed permanent or temporary care, custody or responsibility for the supervision of a dependent person or elderly person, intentionally or knowingly:

(A) causes physical injury or injuries to the dependent person or elderly person

(B) deserts the dependent person or elderly person with the intent to abandon them

(C) leaves the dependent person or elderly person unattended for long enough to likely endanger the health or welfare of the cared for person

(D) hides, takes or appropriates the dependent person's or elderly person's money or property for any use or purpose not in the due & lawful execution of the suspect's responsibility

(E) takes charge of a dependent or elderly person for the purpose of fraud

(F) leaves the dependent person or elderly person, or causes them to enter or remain, in or upon premises:

(i) where a cannabinoid extract is being processed AND

(ii) that have not been licensed under Processor license OR

(G) leaves the dependent person or elderly person, or causes them to enter or remain, in or on premises where a chemical reaction involving precursor substances:

(i) is occurring as part of unlawful manufacture of a controlled substance or processing precursor substances for the unlawful manufacture of a controlled substance OR

(ii) has occurred as in (i) above & the premises not been certified as fit for use under Decontamination of property

see Exceptions to criminal mistreatment

(1) with criminal negligence AND:

(a) in violation of a legal duty to provide care to another, the suspect withholds necessary & adequate food, physical care or medical attention from the cared for person OR

(b) having assumed permanent or temporary care, custody or responsibility for the supervision of another, the suspect withholds necessary & adequate food, physical care or medical attention from the cared for person

see Exceptions to criminal mistreatment

(1) violates 163.245 (custodial interference 2) AND:

(a) removes the victim from the state OR

(b) exposes the vicim to a substantial risk of illness or physical injury.

(1) the suspect, either in violation of a valid valid joint custody order or knowing or having reason to know that they have no legal right to do so, takes, entices or keeps the victim from their lawful custodian with the intent to hold the victim either permanently or for a protracted period of time

(1) the suspect:

(a) has been served with the order as provided in (Restraining order), unless service was waived under (Enforcement of restraining orders) because the person appeared before the court

(b) intentionally engaged in conduct prohibited by the order while the order was in effect AND

(b) by engaging in the prohibited conduct, recklessly created a substantial risk of physical injury to a protected person, or intentionally attempted to place a protected person in fear of imminent physical injury

(1) A person commits the crime of female genital mutilation if they:

(a) Knowingly circumcise, excise or infibulate the whole or any part of the labia majora, labia minora or clitoris of a child OR

(b) Are the parent, guardian or other person legally responsible for the care or custody of a child and knowingly allow the circumcision, excision or infibulation of the whole or any part of the child's labia majora, labia minora or clitoris.

(2) Female genital mutilation is a Class B felony.

(3)(a) A person who circumcises, excises or infibulates the whole or any part of a child's labia majora, labia minora or clitoris does not violate subsection (1) of this section if:

(A) The person is a physician, licensed to practice in this state AND

(B) The surgery is medically necessary for the physical well-being of the child.

(b) In determining medical necessity for purposes of paragraph (a)(B), a person may not consider the effect on the child of the child's belief that the surgery is required as a matter of custom or ritual

(1) M(b): intentionally:

(a) harasses or annoys other by:

(A) offensive physical contact OR

(B) publicly insulting or abusive words or gestures intended & likely provoke a violent response

(b) Subjects another to alarm by conveying a false report, known by the conveyor to be false, concerning death or serious physical injury to a person, and the report would be reasonably expected to cause alarm

(c) Subjects another to alarm by conveying a telephonic, electronic or written threat to inflict serious physical injury on that person or to commit a felony involving the person or property of that person or any member of that person's family, which threat reasonably would be expected to cause alarm

(2)(a) A person is criminally liable for harassment if they knowingly permit any telephone or electronic device under the person's control to be used in violation of paragraph (1)

(b) Harassment that is committed under the circumstances described in paragraph (1)(c)is committed in either the county in which the communication originated or the county in which the communication was received

(3) Harassment is a Class B misdemeanor

(4) M(a): regardless of paragraph (3) if a person:

(a) violates paragraph (1)(a)(A) by subjecting another person to offensive physical contact AND:

(A) The offensive physical contact consists of touching the sexual or other intimate parts of the other person OR

(B)(i) tha victim is a family/household member of the suspect AND

(ii) the offense is committed in the immediate presence of, or is witnessed by, the person's or the victim's minor child or stepchild or a minor child residing within the household of the person or victim OR

(b) violates paragraph (1)(c) AND

(A) the suspect has a previous conviction under subsection (1)(c and the victim of the current offense was the victim or a member of the family of the victim of the previous offense

(B) at the time the offense was committed, the victim was protected by a stalking protective order, a restraining order as defined in 24.190 (Foreign restraining orders) or any other court order prohibiting the person from contacting the victim

(C) at the time the offense was committed, the suspect reasonably believed the victim to be under 18 years of age and more than three years younger than they were OR

(D)(i) the suspect conveyed a threat to kill the other person or any member of the family of the other person

(ii) the suspect expressed the intent to carry out the threat AND

(iii) a reasonable person would believe threat was likely to be followed by action

(1) Knowing other person is a:

(a) Staff member: knowingly propels saliva, blood, urine, semen, feces or dangerous substance at the staff member while the staff member'ss acting officially

(b) Public safety officer: Knowingly propels blood, urine, semen, feces at the officer while the officer's acting officially

(c) Public safety officer: intentionally propels saliva that comes into physical contact with the officer, while the officer's acting officially

(1) a caller intentionally harasses or annoys another person:

(a) having no communicative purpose, causes the telephone of the victim to ring

(b) causing the victim's telephone to ring, knowing that they've been forbidden from so doing by a person exercising lawful authority over the receiving telephone OR

(c) By sending to, or leaving at, the victim's telephone a text message, voice mail or any other message, knowing that thy have been forbidden from so doing by a person exercising lawful authority over the receiving telephone.

(3) debt collector engaged in the conduct describe in (1) while attempting to collect a debt doesn't violate this statute. However, it's no defense if the debt collector commits unlawful collection practice described in Unlawful collection practices

(1) commits 163.235 (kidnapping 1) with any of following purposes:

(a) for ransom

(b) to hold the victim as a shield or hostage

(c) to cause physical injury to the victim

(d) to terrorize the victim or someone else

(e) to further, against the victim, a commission or attempted commission of: Rape 1 (1)(b), Sodomy 1 (1)(b), Unlawful sexual penetration 1 (1)(b) - (victim < 12) against the victim

(1) with intent to interfere substantially with another's personal liberty, & without consent or legal authority:

(a) takes a person from one place to another¹

(b) secretly confines them in place where they're not likely to be found

¹ from one place to another may not just be across the room, e.g. from the kitchen to the dining room

(1) by word or conduct intentionally attempts to place another in fear of imminent serious physical injury

(1) anyone who, as a result of a failure to use ordinary care under the circumstances, wounds anyone else with a bullet or shot from any firearm, or with an arrow from any bow

(1) it's a violation of this statute to recklessly engage in conduct that creates a substantial risk of serious physical injury to someone else

(1) commits 164.395 (robbery 3) AND:

(a) is armed with a deadly weapon OR

(b) uses or attempts to use a deadly weapon OR

(c) causes or attempts serious physical injury

(1) commits 164.395 (robbery 3) AND:

(a) represents by word or conduct that they're armed with what appears to be a dangerous weapon or deadly weapon OR

(b) is aided by another present

(1) while committing or attempting 164.015 (theft) or 164.135 (unauthorized use of a vehicle) uses or threatens immediate physical force with intent to:

(a) prevent or overcome resistance to theft or taking back of property OR

(b) compelling a property owner or other to deliver property or act in a manner which might aid in commission of 164.015 (theft) or 164.135 (unauthorized use of a vehicle)

***If strangulation is suspected conduct strangulation screening ***

(1) M(a): knowingly impedes the victim's normal breath/circulation by

(a) applying pressure to the victim's throat, neck or chest OR'

(b) blocking the victim's nose or mouth

(4) F(c):

(a) committed in the presence of or witnessed by the suspect's or victim's minor child, stepchild or other minor child residing in the suspect's or victim's household

(b) the victim < 10 yrs old

(c) the victim is the suspect's family member or household members

(d) during the commission of the crime, the suspect unlawfully used, attempted to use or threatened to use a dangerous weapon or deadly weapon against another

(e) the suspect has been previously convicted of violating this section or 163.160 (assault 4), 163.165 (assault 3), 163.175 (assault 2), 163.185 (assault 1) or 163.190 (menacing), or an equivalent crime in another jurisdiction, & the victim in the previous conviction is the same as the current victim

(f) the suspect has had at least three previous convictions for violating this section or 163.160 (assault 4), 163.165 (assault 3), 163.175 (assault 2), 163.185 (assault 1) or 163.190 (menacing), or an equivalent crime in another jurisdiction

(g) knowing the victim is pregnant

• Strangulation doesn't necessarily leave marks

(1) the suspect knowingly & without lawful authority forces or attempts to force the other person to engage in services by:

(a) causing or threatening to cause the death of or serious physical injury to a person OR

(b) physically restraining or threatening to physically restrain a person

services means activities performed by one person under the supervision or for the benefit of another person

(1) the suspect knowingly & without lawful authority forces or attempts to force the other person to engage in services by:

(a) abusing or threatening to abuse the law or legal process

(b) destroying, concealing, removing, confiscating or possessing a person's actual or purported passport, immigration document or another actual or purported government identification document

(c) threatening to report a person to a government agency for the purpose of arrest or deportation;

(d) threatening to collect an unlawful debt OR

(e) instilling in the victim a fear that the actor will withhold from them the necessities of life, including but not limited to lodging, food & clothing

services means activities performed by one person under the supervision or for the benefit of another person

(1) the suspect knowingly recruits, entices, harbors, transports, provides or obtains by any means, or attempts to recruit, entice, harbor, transport, provide or obtain by any means, another person AND:

(a) F(b): the suspect knows that the victim will be subjected to involuntary servitude as described in 163.263 (subjecting another to involuntary servitude 2) or 163.264 (subjecting another to involuntary servitude 1)

(b) F(a): the suspect knows or recklessly disregards the fact that force, fraud or coercion will be used to cause the victim to engage in a commercial sex act OR

(c) F(a): the suspect knows or recklessly disregards the fact that the victim is under 18 & will be used in a commercial sex act

(2) F(b): a suspect commits this crime if they knowingly benefit financially or receive something of value from participation in a venture that involves an act prohibited by (1) or by 163.263 (subjecting another to involuntary servitude 2) or 163.264 (subjecting another to involuntary servitude 1)

(1) the suspect knowingly directs light from a laser pointer at another person without the consent of the other person and the other person is:

(a) a peace officer who is acting in the course of official duty OR

(b) A uniformed private security professional who is on duty

(1) M(a): knowingly attaches a global positioning system device to a motor vehicle without the motor vehicle owner's consent

(2)(b) F(c): if, at the time of the offense, the suspect:

(A) has prior conviction(s) for 163.732 (stalking), 163.750 (violating stalking protective order) or committing an equivalent crime in another jurisdiction OR

(B) is the subject of a 163.735 (stalking citation), an order issued under 30.866 (action for issuance or violation of stalking protective order), 107.700 (short title) to 107.735 (duties of State Court Administrator) or 163.738 (effect of citation) or another court order prohibiting the suspect from contacting another person.

(3) this statute doesn't apply to:

(a) a police officer attaching a global positioning system device to a motor vehicle pursuant to a warrant or court order OR

(b) someone who attaches a global positioning system device to a motor vehicle operated by a motor carrier.