565.056. Assault in the fourth degree.
1. A person commits the offense of assault in the fourth degree if:
- (1) The person attempts to cause or recklessly causes physical injury, physical pain, or illness to another person;
- (2) With criminal negligence the person causes physical injury to another person by means of a firearm;
- (3) The person purposely places another person in apprehension of immediate physical injury;
- (4) The person recklessly engages in conduct which creates a substantial risk of death or serious physical injury to another person;
- (5) The person knowingly causes or attempts to cause physical contact with a person with a disability, which a reasonable person, who does not have a disability, would consider offensive or provocative; or
- (6) The person knowingly causes physical contact with another person knowing the other person will regard the contact as offensive or provocative.
2. Except as provided in subsection 3 of this section, assault in the fourth degree is a class A misdemeanor.
3. Violation of the provisions of subdivision (3) or (6) of subsection 1 of this section is a class C misdemeanor unless the victim is a special victim, as the term “special victim” is defined under section 565.002, in which case a violation of such provisions is a class A misdemeanor.
