§ 11-5-2. Felony assault.
(a) Every person who shall make an assault or battery, or both, upon the person of another, with a dangerous weapon, or with acid or other dangerous substance, or by fire, or an assault or battery that results in serious bodily injury shall be guilty of a felony assault. If such assault results in serious bodily injury, it shall be punished by imprisonment for not more than twenty (20) years. Every other felony assault which results in bodily injury or no injury shall be punished by imprisonment for not more than six (6) years.
(b) Where the provisions of “The Domestic Violence Prevention Act,” chapter 29 of title 12, are applicable, the penalties for violation of this section shall also include the penalties as provided in § 12-29-5.
(c) “Serious bodily injury” means physical injury that:
(1) Creates a substantial risk of death;
(2) Causes protracted loss or impairment of the function of any bodily part, member, or organ;
(3) Causes serious permanent disfigurement or circumcises, excises, or infibulates the whole or any part of the labia majora or labia minora or clitoris of a person; or
(4) Results in the termination of a pregnancy where the person making the assault or battery is someone other than the pregnant person and knows or has reason to know that the person upon whom the assault or battery is made is pregnant.
(d) This section shall not apply to acts committed by:
(1) Any person relating to the performance of an abortion pursuant to chapter 4.13 of title 23, the Reproductive Privacy Act, for which the consent of the pregnant person, or a person authorized by law on her behalf, has been obtained or for which such consent is implied by law; or
(2) Any person for any medical treatment of the pregnant person or the fetus.
(e) “Bodily injury” means physical injury that causes physical pain, illness, or any impairment of physical condition.
History of Section.G.L. 1896, ch. 277, § 19; G.L. 1909, ch. 343, § 19; P.L. 1915, ch. 1258, § 6; G.L. 1923, ch. 395, § 19; P.L. 1925, ch. 657, § 1; G.L. 1938, ch. 606, § 19; G.L. 1956, § 11-5-2; P.L. 1981, ch. 76, § 1; P.L. 1988, ch. 539, § 8; P.L. 1990, ch. 241, § 1; P.L. 1991, ch. 324, § 1; P.L. 1996, ch. 81, § 1; P.L. 2017, ch. 344, § 1; P.L. 2017, ch. 354, § 1; P.L. 2019, ch. 27, § 3.
Structure Rhode Island General Laws
Section 11-5-1. - Assault with intent to commit specified felonies.
Section 11-5-2. - Felony assault.
Section 11-5-2.1. - Felony assault by use of devices similar in appearance to a firearm.
Section 11-5-2.2. - Battery — Criminal negligence.
Section 11-5-2.3. - Domestic assault by strangulation.
Section 11-5-3. - Simple assault or battery.
Section 11-5-3.1. - Assault or battery upon delivery person.
Section 11-5-4. - Assault with dangerous weapon in dwelling house.
Section 11-5-5. - Assault of police officers and other officials.
Section 11-5-6. - Assault and battery in the collection of a loan.
Section 11-5-7. - Assault of schoolteachers, school officials or other school department employees.
Section 11-5-8. - Assault on correctional officer, or training school employee.
Section 11-5-8.1. - Assault with bodily fluid.
Section 11-5-10. - Assault on persons 60 years of age or older causing bodily injury.
Section 11-5-10.1. - Assault on persons 60 years of age or older causing serious bodily injury.
Section 11-5-10.2. - Assault on persons with severe impairments causing serious bodily injury.
Section 11-5-10.3. - Assault on persons 60 years of age or older by caretaker causing bodily injury.
Section 11-5-11. - Assault on persons with severe impairments.
Section 11-5-12. - Abuse, neglect and/or exploitation of adults with severe impairments.
Section 11-5-14. - Assault on child in care of department of children, youth and families.
Section 11-5-15. - Aggravated harassment of a deputy sheriff by an inmate.
Section 11-5-16. - Assault of health care providers or emergency services medical personnel.
Section 11-5-17. - Assault or battery for purpose of causing unconsciousness.