Is it Illegal for a Husband to Threaten a Wife With Sodomy?
Full Question:
Answer:
It is possible that an assault occurred. Degrees of assault are defined according to state laws. Laws vary by state, but generally, assault in the first degree is defined as when a person:
1. With intent to cause serious physical injury to another person, he causes serious physical injury to any person by means of a deadly weapon or a dangerous instrument; or
2. With intent to disfigure another person seriously and permanently, or to destroy, amputate or disable permanently a member or organ of his body, he causes such an injury to any person; or
3. Under circumstances manifesting extreme indifference to the value of human life, he recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes serious physical injury to any person; or
4. In the course of and in furtherance of the commission or attempted commission of arson in the first degree, burglary in the first or second degree, escape in the first degree, kidnapping in the first degree, rape in the first degree, robbery in any degree, sodomy in the first degree or any other felony clearly dangerous to human life, or of immediate flight therefrom, he causes a serious physical injury to another person; or
5. While driving under the influence of alcohol or a controlled substance he causes serious bodily injury to the person of another with a motor vehicle.
Second degree assault may involve intentional or reckless serious physical injury to another person, or physical injury to any person by means of a deadly weapon or a dangerous instrument. It may involve interfering with a police officer, emergency responder, or teacher, while performing their duties. When the injury suffered is less serious, it may be classified as assault of a lesser degree, such as "simple asault".
The following is an example of a state statute governing simple assault:
" Simple assault. A person is guilty of assault if he:
Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
Negligently causes bodily injury to another with a deadly weapon; or
Attempts by physical menace to put another in fear of imminent serious bodily injury.
Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense."
Please see the Georgia statutes below to determine applicability:
16-5-20. (a) A person commits the offense of simple assault when he or
she. . . .
(a) A person commits the offense of simple assault when he or she
either:
(1) Attempts to commit a violent injury to the person of another; or
(2) Commits an act which places another in reasonable apprehension of
immediately receiving a violent injury.
(b) Except as provided in subsections (c) through (h) of this Code
section, a person who commits the offense of simple assault shall be
guilty of a misdemeanor.
(c) Any person who commits the offense of simple assault in a public
transit vehicle or station shall, upon conviction thereof, be punished
for a misdemeanor of a high and aggravated nature. For purposes of
this Code section, "public transit vehicle" means a bus, van, or rail
car used for the transportation of passengers within a system which
receives a subsidy from tax revenues or is operated under a franchise
contract with a county or municipality of this state.
(d) If the offense of simple assault is committed between past or
present spouses, persons who are parents of the same child, parents
and children, stepparents and stepchildren, foster parents and foster
children, or other persons excluding siblings living or formerly
living in the same household, the defendant shall be punished for a
misdemeanor of a high and aggravated nature. In no event shall this
subsection be applicable to corporal punishment administered by a
parent or guardian to a child or administered by a person acting in
loco parentis.
(e) Any person who commits the offense of simple assault against a
person who is 65 years of age or older shall, upon conviction thereof,
be punished for a misdemeanor of a high and aggravated nature.
(f) Any person who commits the offense of simple assault against an
employee of a public school system of this state while such employee is
engaged in official duties or on school property shall, upon conviction
of such offense, be punished for a misdemeanor of a high and aggravated
nature. For purposes of this Code section, "school property" shall
include public school buses and stops for public school buses as
designated by local school boards of education.
(g) Any person who commits the offense of simple assault against a
female who is pregnant at the time of the offense shall, upon conviction
thereof, be punished for a misdemeanor of a high and aggravated nature.
(h) Nothing in this Code section shall be construed to permit the
prosecution of:
(1) Any person for conduct relating to an abortion for which the
consent of the pregnant woman, or person authorized by law to act on
her behalf, has been obtained or for which such consent is implied by
law;
(2) Any person for any medical treatment of the pregnant woman or her
unborn child; or
(3) Any woman with respect to her unborn child.
For the purposes of this subsection, the term "unborn child" means a
member of the species homo sapiens at any stage of development who is
carried in the womb.
19-13-1. As used in this article, the term "family violence" means the.
. . .
As used in this article, the term "family violence" means the
occurrence of one or more of the following acts between past or present
spouses, persons who are parents of the same child, parents and children,
stepparents and stepchildren, foster parents and foster children, or
other persons living or formerly living in the same household:
(1) Any felony; or
(2) Commission of offenses of battery, simple battery, simple assault,
assault, stalking, criminal damage to property, unlawful restraint, or
criminal trespass.
The term "family violence" shall not be deemed to include reasonable
discipline administered by a parent to a child in the form of corporal
punishment, restraint, or detention.