T.P.I.-- CRIM. 6.01

ASSAULT

            Any person who commits an assault upon another is guilty of a crime.

            For you to find the defendant guilty of this offense, the state must have proven beyond a reasonable doubt the existence of the following essential elements:¹

[Part A:

(1)  that the defendant caused bodily injury to another;

and

(2)  that the defendant acted either intentionally, knowingly or         recklessly.]

or

[Part B:

(1)  that the defendant caused another to be in reasonable fear of         imminent bodily injury;

and

(2)  that the defendant acted either intentionally, or knowingly.]

or

[Part C:

(1)  that the defendant caused physical contact with another;

and

(2)  that a reasonable person would regard the contact as

       extremely offensive or provocative;

and

            (3)  that the defendant acted intentionally or knowingly.]  

            "Knowingly" means that a person acts knowingly with respect to the conduct or to circumstances surrounding the conduct when the person is aware of the nature of the conduct or that the circumstances exist.  A person acts knowingly with respect to a result of the person's conduct when the person is aware that the conduct is reasonably certain to cause the result.²

            The requirement of "knowingly" is also established if it is shown that the defendant acted intentionally.³

            "Intentionally" means that a person acts intentionally with respect to the nature of the conduct or to a result of the conduct when it is the person's conscious objective or desire to engage in the conduct or cause the result.⁴

            ["Recklessly" means that a person acts recklessly with respect to circumstances surrounding the conduct or the result of the conduct when the person is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur.  The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all circumstances as viewed from the accused person's standpoint.]⁵

            [The requirement of "recklessness" is also established if it is shown that the defendant acted intentionally or knowingly.]⁶

            ["Bodily injury" includes a cut, abrasion, bruise, burn or disfigurement; physical pain or temporary illness or impairment of the function of a bodily member, organ or mental faculty.]⁷

FOOTNOTES

1.  Tenn. Code Ann. § 39-13-101(a).

2.  Tenn. Code Ann. § 39-11-106(a)(20).

3.  Tenn. Code Ann. § 39-11-301(a)(2).

4.  Tenn. Code Ann. § 39-11-106(a)(18).

5.  Tenn. Code Ann. § 39-11-106(a)(31).

6.  Tenn. Code Ann. § 39-11-301(a)(2).

7.  Tenn. Code Ann. § 39-11-106(a)(2).

COMMENTS

            1.  Assault is a Class A misdemeanor, unless the offense is committed under Part C, in which event assault is a Class B misdemeanor.  Tenn. Code Ann. § 39-13-101(b).

            2.  Effective consent of the alleged victim may be asserted as a defense to assault under Tenn. Code Ann. § 39-13-104.  If properly raised as a defense, the trial judge should utilize T.P.I. -- CRIM. 40.17, which appears in the "Defenses" chapter.