PART III. 
CRIMINAL ASSAULTS AND RELATED OFFENSES



 



§707-710  Assault in the first degree. 
(1)  A person commits the offense of assault in the first degree if the person
intentionally or knowingly causes serious bodily injury to another person.



(2)  Assault in the first degree is a class B
felony. [L 1972, c 9, pt of §1; ree L 1986, c 314, §51; gen ch 1993]



 



Case Notes



 



  Attempted assault.  56 H. 664, 548 P.2d 271.



  Expert medical testimony that "permanent, serious
disfigurement" would have resulted absent medical attention irrelevant and
improperly admitted where that result was an element of the offense charged
under this section.  80 H. 126, 906 P.2d 612.



  Insufficient evidence to convict defendant under this section
where evidence in record describing victim's scar only established that it was
located on forehead, was two inches in length, and was visible from a
"normal social" distance.  80 H. 126, 906 P.2d 612.



  There was substantial evidence that minor caused serious
bodily injury to complainant as defined in §707-700 where minor inflicted
bodily injury which caused protracted loss or impairment of the function of any
bodily member or organ--namely, the eye injury that caused the blurred and
diplopic vision that was still bothering complainant at the time of trial.  106
H. 530 (App.), 107 P.3d 1203.



  Where defendant punched and kicked another so ferociously in
the face that the lip was split clean through, four teeth were bashed in, the
eye was hemorrhaged and pushed inward, and the orbital floor was fractured
causing blurred and diplopic vision lasting almost eleven months, there was
substantial evidence that the defendant was, at the very least, aware that it
was practically certain that defendant's conduct would cause the result
required, "serious bodily injury", for conviction of first degree
assault.  106 H. 530 (App.), 107 P.3d 1203.



  There was substantial and convincing evidence that
complainant suffered "serious bodily injury" where evidence showed
that complainant suffered eight fractured ribs which resulted in protracted
impairment of the function of complainant's lungs and impaired complainant's
ability to breathe for a prolonged and extended period of time; thus, trial
court properly denied defendant's motion for judgment of acquittal.  112 H. 278
(App.), 145 P.3d 821.