T.P.I. -- CRIM. 6.02

[Part B:

(1) that the defendant was the [parent or custodian of a child] [custodian

of an adult];

and

(2)(a) that another person intentionally or knowingly caused bodily injury

to the [child] [adult];

(b) that another person intentionally or knowingly caused the [child]

[adult] to reasonably fear imminent bodily injury;

contact with the [child] [adult] and a reasonable person would

regard that contact as extremely offensive or provocative;

and

(3)(a) that such person caused serious bodily injury to the [child] [adult];

(b) that such person used or displayed a deadly weapon;

and

(4) that the defendant intentionally or knowingly failed or refused to

protect said [child] [adult] from the person's actions.]

[Part C:

(1) that the defendant was the parent or custodian of a child;

and

(2) that another person did knowingly other than by accidental means:

(a) treat a child in such a manner as to inflict injury;

(b) neglect a child so as to adversely affect the child's health and

welfare;

and

(3)(a) the person used a deadly weapon to accomplish the act of abuse;

(b) the act of abuse resulted in serious bodily injury to the child;

and

(4) that the defendant intentionally or knowingly failed or refused to

protect said child from the act of abuse.]

[Part D:

(1)(a) that the defendant caused or attempted to cause bodily injury to the

alleged victim;

(b) that the defendant committed or attempted to commit an assault

against the alleged victim;

and

(2) that the defendant did so after having been enjoined or restrained by a

court order from causing or attempting to cause bodily injury or

committing or attempting to commit an assault against said alleged

victim.]

[Part E:

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

and

(2)(a) that such bodily injury was serious;

(b) that the defendant used or displayed a deadly weapon.]

"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.²

"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.³

["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 the circumstances as viewed from the accused person's standpoint.]⁴

[The requirement of "recklessness" is also established if it is shown that the defendant acted knowingly or intentionally.]⁵

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

["Serious bodily injury" means bodily injury which involves a substantial risk of death, protracted unconsciousness; extreme physical pain; protracted or obvious disfigurement; or protracted loss or impairment of the function of a bodily member or organ or mental faculty.]⁸

["Deadly weapon" means a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.]⁹

FOOTNOTES

1. Tenn. Code Ann. § 39-13-102(a).

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

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

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

5. Tenn. Code Ann. § 39-11-301(a)(2).

6. Id.

7. Tenn. Code Ann. § 39-11-106(a)(2).

8. Tenn. Code Ann. § 39-11-106(a)(33). Some trial judges are of the opinion

that the definition of "bodily injury", Tenn. Code Ann. § 39-11-106(a)(2),

should be given in connection with the definition of "serious bodily injury".

9. Tenn. Code Ann. § 39-11-106(a)(5).

COMMENTS

1. Aggravated assault under Tenn. Code Ann. § 39-13-102(a)(1), (b) or (c) is a Class C felony. Aggravated assault under Tenn. Code Ann. § 39-13-102(a)(2) is a Class D felony. The court shall consider as an enhancement factor at the time of sentencing that the victim of the aggravated assault was a law enforcement officer, firefighter, correctional officer, youth services officer, probation officer, parole officer or an employee of the departments of correction or youth development performing an official duty. Tenn. Code Ann. § 39-13-102(b)(1995 Suppl.). The court shall consider as an enhancement factor at the time of sentencing that the victim of the aggravated assault was an emergency medical or rescue worker, emergency medical technician, or paramedic, whether compensated or acting as a volunteer, provided that such technician or worker was performing an official duty. Tenn. Code Ann. § 39-13-102, as amended by Public Acts of 1996, Chapter 830, § 1, effective July 1, 1996.

2. For the pattern jury instruction concerning criminal attempt, see T.P.I. -- CRIM. 4.01.

3. A violation of Tenn. Code Ann. § 39-15-401, child abuse and neglect, may be a lesser included offense of aggravated assault. Tenn. Code Ann. § 39-15-401(d).

4. 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.