Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 2 - OFFENSES AGAINST THE PERSON (§§ 5-10-101 — 5-18-107) › Chapter 13 - ASSAULT AND BATTERY (§§ 5-13-101 — 5-13-310) › Subchapter 2 - OFFENSES GENERALLY (§§ 5-13-201 — 5-13-214) › Section 5-13-202 - Battery in the second degree

(a)
A person commits battery in the second degree if:
(1)
With the purpose of causing physical injury to another person, the person causes serious physical injury to another person;
(2)
With the purpose of causing physical injury to another person, the person causes physical injury to another person by means of a deadly weapon other than a firearm;
(3)
The person recklessly causes serious physical injury to another person:
(A)
By means of a deadly weapon;
(B)
While operating or in actual physical control of a motor vehicle or motorboat if at the time:
(i)
The person is intoxicated; or
(ii)
The alcohol concentration in the person's breath or blood is eight-hundredths (0.08) or more based upon the definition of alcohol concentration in §
5-65-204
; or
(C)
Who is four (4) years of age or younger; or
(4)
The person knowingly, without legal justification, causes physical injury to or incapacitates a person he or she knows to be:
(A)
(i)
A law enforcement officer, firefighter, code enforcement officer, or employee of a correctional facility while the law enforcement officer, firefighter, code enforcement officer, or employee of a correctional facility is acting in the line of duty.
(ii)
As used in this subdivision (a)(4)(A):
(a)
(1)
"Code enforcement officer" means an individual charged with the duty of enforcing a municipal code, municipal ordinance, or municipal regulation as defined by a municipal code, municipal ordinance, or municipal regulation.
(2)
"Code enforcement officer" includes a municipal animal control officer; and
(b)
"Employee of a correctional facility" includes a person working under a professional services contract with the Division of Correction, the Division of Community Correction, or the Division of Youth Services;
(B)
A teacher or other school employee while acting in the course of employment;
(C)
An individual sixty (60) years of age or older or twelve (12) years of age or younger;
(D)
An officer or employee of the state while the officer or employee of the state is acting in the performance of his or her lawful duty;
(E)
While performing medical treatment or emergency medical services or while in the course of other employment relating to his or her medical training:
(i)
A physician;
(ii)
A person licensed as emergency medical services personnel, as defined in §
20-13-202
;
(iii)
A licensed or certified healthcare professional; or
(iv)
Any other healthcare provider; or
(F)
An individual who is incompetent, as defined in §
5-25-101
.
(b)
(1)
Battery in the second degree under subdivision (a)(3)(B) of this section is a Class C felony.
(2)
Otherwise, battery in the second degree is a Class D felony.
(c)
As used in this section, "motorboat" means the same as defined in §
5-65-102
.
Amended by Act 2021, No. 512,§ 1, eff. 7/28/2021.
Amended by Act 2019, No. 783,§ 1, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 667, eff. 7/1/2019.
Amended by Act 2017, No. 333,§ 1, eff. 8/1/2017.
Amended by Act 2015, No. 104,§ 2, eff. 7/22/2015.
Amended by Act 2015, No. 104,§ 1, eff. 7/22/2015.
Amended by Act 2013, No. 429,§ 1, eff. 8/16/2013.
Acts 1975, No. 280, § 1602; 1981, No. 877, § 1; 1983, No. 12, § 1; A.S.A. 1947, § 41-1602; Acts 1995, No. 1173, § 1; 1995, No. 1305, § 2; 1995, No. 1338, § 1; 1997, No. 207, § 1; 1997, No. 878, § 1; 1999, No. 389, § 1; 2003, No. 66, § 1; 2007, No. 827, § 27; 2009, No. 344, § 1; 2009, No. 689, § 1; 2011, No. 1120, § 6; 2011, No. 1168, § 1.