MPC § 211.1: Assault
What does Assault (Model Penal Code) provide?
Section 211.1 defines two grades of assault under the MPC. Simple assault is a misdemeanor and consists of attempting to cause or purposely, knowingly, or recklessly causing bodily injury to another, or negligently causing bodily injury with a deadly weapon, or attempting by physical menace to put another in fear of imminent serious bodily injury. Aggravated assault is a felony of the second or third degree and involves attempting to cause serious bodily injury to another, or causing serious bodily injury purposely, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life, or attempting to cause or purposely or knowingly causing bodily injury with a deadly weapon.
Source: Model Penal Code § 211.1
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Summary
Section 211.1 defines two grades of assault under the MPC. Simple assault is a misdemeanor and consists of attempting to cause or purposely, knowingly, or recklessly causing bodily injury to another, or negligently causing bodily injury with a deadly weapon, or attempting by physical menace to put another in fear of imminent serious bodily injury. Aggravated assault is a felony of the second or third degree and involves attempting to cause serious bodily injury to another, or causing serious bodily injury purposely, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life, or attempting to cause or purposely or knowingly causing bodily injury with a deadly weapon.
The MPC's assault framework is simpler and more systematic than common law assault and battery. The MPC combines what common law treated as separate offenses of assault (attempted battery or intentional frightening) and battery (unlawful application of force) into the single offense of assault. The grading between simple and aggravated turns on two key factors: the severity of injury (bodily injury vs. serious bodily injury) and the means used (with or without a deadly weapon).
Notably, the MPC includes reckless assault — you can commit simple assault by recklessly causing bodily injury. For aggravated assault based on recklessness, however, the circumstances must manifest extreme indifference to human life (paralleling the extreme indifference murder standard). Negligent assault is limited to situations involving a deadly weapon, reflecting the MPC's general reluctance to criminalize mere negligence.
Key Provisions
5 essential provisions of § 211.1
Simple assault (misdemeanor): attempting to cause or purposely/knowingly/recklessly causing bodily injury; negligently causing bodily injury with a deadly weapon; attempting by physical menace to put another in fear of imminent serious bodily injury
Aggravated assault (felony): attempting to cause serious bodily injury; purposely/knowingly/recklessly causing serious bodily injury under circumstances manifesting extreme indifference; causing bodily injury with a deadly weapon
Combines common law assault and battery into a single offense
Reckless causation of bodily injury is simple assault; reckless causation of serious bodily injury with extreme indifference is aggravated assault
Aggravated assault is a second-degree felony if committed recklessly with extreme indifference, third-degree felony otherwise
MPC vs. Common Law
How the MPC approach to assault differs from common law
At common law, assault and battery were distinct offenses. Battery required the actual unlawful application of force to another person (even slight touching if hostile or offensive), while assault was either an attempted battery or an intentional act placing another in reasonable apprehension of an imminent battery. This distinction led to confusing doctrinal overlaps and gaps. The MPC streamlines this into a single graduated offense. Common law also generally classified simple assault and battery as misdemeanors and aggravated versions as felonies, but the criteria for aggravation varied widely by jurisdiction. The MPC provides clear, consistent criteria: severity of injury and use of a deadly weapon. The MPC's inclusion of reckless assault also goes beyond many common law formulations, which typically required intent for the assault component.
Exam Relevance
How § 211.1 appears on criminal law exams
Assault questions test grading ability and the intersection with other MPC concepts. Common patterns: a bar fight where students must determine whether injuries constitute "bodily injury" or "serious bodily injury" (a defined term in the MPC meaning bodily injury creating a substantial risk of death, or causing serious permanent disfigurement, or protracted loss or impairment of a body part or organ); whether the defendant acted purposely, knowingly, or recklessly; whether a deadly weapon was involved; and whether the recklessness manifested extreme indifference. Students should also consider whether an assault that results in death should be analyzed under the homicide sections instead, and how attempt liability interacts with assault (since assault already includes attempted battery).
Related Sections
Sections frequently studied alongside § 211.1