Assault in the first degree

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  1. (a) A person commits assault in the first degree if he or she:

    1. (1) Recklessly engages in conduct that creates a substantial risk of death or serious physical injury to another person; or

    2. (2) Purposely impedes or prevents the respiration of another person or the circulation of another person's blood by applying pressure on the throat or neck or by blocking the nose or mouth of the other person.

  2. (b) Assault in the first degree is a Class A misdemeanor.

  3. (c) It is a defense to prosecution under subdivision (a)(2) of this section if the other person consented to the impeding or prevention of his or her respiration or circulation of blood.


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