Missouri Revised Statutes § 565.054 - Assault in the third degree

565.054. Assault in the third degree. — 1. A person commits the offense of assault in the third degree if he or she knowingly causes physical injury to another person. 2. The offense of assault in the third degree is a class E felony, unless the victim of such assault is a special victim, as the term "special victim" is defined under section 565.002, in which case it is a class D felony. (L. 1977 S.B. 60, A.L. 1998 H.B. 1918, A.L. 2014 S.B. 491) Transferred 2014; formerly 565.070; Effective 1-01-17 (2015) Offense of third-degree assault is a "nested" lesser included offense within the offense of second-degree assault; therefore, defendant is entitled upon proper request to jury instruction on issue. State v. Randle, 465 S.W.3d 477 (Mo.).