|Posted:||December 1, 2016 12:48 PM|
|From:||Representative Dan Moul|
|To:||All House members|
|Subject:||Assault by knocking out another - Prior HB 1301|
|There is a disturbing new game played by teenagers that has gotten national media attention, the knock out game. This is a practice whereby one teenager, surrounded by and at the urging of his peers, tries to knock out an unsuspecting person with one punch.
News reports indicate that these attacks are unprovoked. Serious injury can result, as can death. The person is often rendered unconscious. The teens target a person who is unaware that the blow is about to come.
I am introducing legislation which would create the offense of Assault by Knocking Out Another. The offense is defined as, “intentionally, knowingly or recklessly causes bodily injury or serious bodily injury to another by striking another in the face or on the head with a hand or fist, without provocation, whether or not the victim is rendered unconscious.” The crime is graded as a felony of the third degree (maximum penalty 10 years imprisonment).
Additionally, my legislation addresses those who help promote the attack or cheer the offender on. If a person promotes or facilitates the attack or aids the person in planning the attack, the offense is graded as a misdemeanor of the first degree (maximum penalty five years imprisonment).
Because juveniles commit these crimes and the harm caused is so serious, the legislation provides that the district attorney can file the case directly in adult court, under the direct filing provision in the Juvenile Act. The burden is then on the teen offender to persuade the court that the case should be heard in juvenile court.
Thank you for your support.
Introduced as HB140