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  1. #11
    Paper Hunter LippCJ7's Avatar
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    Quote Originally Posted by Bailey Guns View Post
    Not sure where you got that information from...but it's wrong. Assault (1st, 2nd and 3rd) does require various degrees of physical injury. And there's no such offense as battery (at least under state statutes) in Colorado.
    18-3-204. Assault in the third degree

    (1) A person commits the crime of assault in the third degree if:

    (a) The person knowingly or recklessly causes bodily injury to another person or with criminal negligence the person causes bodily injury to another person by means of a deadly weapon; or

    (b) The person, with intent to infect, injure, harm, harass, annoy, threaten, or alarm another person whom the actor knows or reasonably should know to be a peace officer, a firefighter, an emergency medical care provider, or an emergency medical service provider, causes the other person to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or toxic, caustic, or hazardous material by any means, including throwing, tossing, or expelling the fluid or material.

    (2) (a) An adult or juvenile who has had a court find that there is probable cause to believe that he or she has committed an offense pursuant to paragraph (b) of subsection (1) of this section or is convicted of an offense pursuant to paragraph (b) of subsection (1) of this section or any person who is determined to have provided blood, seminal fluid, urine, feces, saliva, mucus, or vomit to a person for whom probable cause has been found or been convicted of such an offense shall be ordered by the court to submit to a medical test for communicable diseases and to supply blood, feces, urine, saliva, or other bodily fluid required for the test. The results of such test shall be reported to the court or the court's designee, who shall then disclose the results to any victim of the offense who requests such disclosure. Review and disclosure of medical test results by the court shall be closed and confidential, and any transaction records relating thereto shall also be closed and confidential. If a person subject to a medical test for communicable diseases pursuant to this subsection (2) voluntarily submits to a medical test for communicable diseases, the fact of the person's voluntary submission shall be admissible in mitigation of sentence if the person is convicted of the charged offense.

    (b) In addition to any other penalty provided by law, the court may order any person who is convicted of the offense described in paragraph (b) of subsection (1) of this section to meet all or any portion of the financial obligations of medical tests performed on and treatment prescribed for the victim or victims of the offense.

    (3) Assault in the third degree is a class 1 misdemeanor and is an extraordinary risk crime that is subject to the modified sentencing range specified in section 18-1.3-501 (3).

    (4) "Emergency medical care provider" means a doctor, intern, nurse, nurse's aid, physician's assistant, ambulance attendant or operator, air ambulance pilot, paramedic, or any other member of a hospital or health care facility staff or security force who is involved in providing emergency medical care at a hospital or health care facility, or in an air ambulance or ambulance as defined in section 25-3.5-103 (1) and (1.5), C.R.S.

    Hummmmmm, Bailey, Wonder whats not being reported, It appears as though by Statute you are correct...
    Last edited by LippCJ7; 07-25-2013 at 23:59.
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  2. #12
    Fleeing Idaho to get IKEA Bailey Guns's Avatar
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    The article never mentions an assault. It mentions Beth Chapman yelling "rude and obscene" things to a teenage girl. It states Beth will be charged with Harassment. That must be the appropriate charge under the Monument muni code.
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  3. #13
    Grand Master Know It All 68Charger's Avatar
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    The charge, as I read, is harassment... http://www.lpdirect.net/casb/crs/18-9-111.html

    Look at sub-paragraphs b and h
    ΜΟΛΩΝ ΛΑΒΕ, we are the III%, CIP2, and some other catchphrase meant to aggravate progreSSives who are hell bent on taking rights away...

  4. #14
    Paper Hunter missionxo's Avatar
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    Beth is one annoying biotch .....and the rest of the family are as near doucheness as they can get.

  5. #15
    High Power Shooter CO Hugh's Avatar
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    Here is another take on the incident: http://www.dailymail.co.uk/tvshowbiz...teenagers.html

  6. #16
    No Duck soup for you! 02ducky's Avatar
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    Gawd she is disgusting to look at.
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  7. #17
    Machine Gunner RblDiver's Avatar
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    Quote Originally Posted by Bailey Guns View Post
    Not sure where you got that information from...but it's wrong. Assault (1st, 2nd and 3rd) does require various degrees of physical injury. And there's no such offense as battery (at least under state statutes) in Colorado.
    Hrm, I know my law prof a year ago explained the difference to us, and that in one system, assault and battery are separate (assault being the "threat of harm" (so if I threaten your back but you're unaware, I've committed no assault), battery being the unlawful contact with you or any of your immediate possessions (like a purse)), versus assault (which is both of the above). I want to say that he said the "assault and battery" (separate) were in the civil court system, whereas the assault you're referring to is criminal.

    ((OT) Ironically, unlawful imprisonment does NOT require you to be aware. If you lock me in my room while I'm on my computer, and later unlock it, even if I never stirred from my computer I could have a case against you :P)
    Last edited by RblDiver; 07-26-2013 at 13:23.

  8. #18
    Sig Fantastic Ronin13's Avatar
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    Quote Originally Posted by 02ducky View Post
    Gawd she is disgusting to look at.
    That whole family is... it must be hereditary.
    "There is no news in the truth, and no truth in the news."
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  9. #19
    Fleeing Idaho to get IKEA Bailey Guns's Avatar
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    Quote Originally Posted by RblDiver View Post
    Hrm, I know my law prof a year ago explained the difference to us, and that in one system, assault and battery are separate (assault being the "threat of harm" (so if I threaten your back but you're unaware, I've committed no assault), battery being the unlawful contact with you or any of your immediate possessions (like a purse)), versus assault (which is both of the above). I want to say that he said the "assault and battery" (separate) were in the civil court system, whereas the assault you're referring to is criminal.

    ((OT) Ironically, unlawful imprisonment does NOT require you to be aware. If you lock me in my room while I'm on my computer, and later unlock it, even if I never stirred from my computer I could have a case against you :P)
    Well, I can't speak to what you're professor told you. But that doesn't change the fact there's no such state charge as battery. There may be a municipal violation of "Battery" but I looked up the Town of Monument muni code and there's no charge for battery. If it's a civil charge, the cops wouldn't have anything to do with it. Aurora may have a muni code for Battery...not sure.

    The state charge of Harassment (CRS 18-9-111) involves unwanted physical contact without bodily injury...strikes, shoves, kicks...or directing obscene language or gestures towards another person.
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  10. #20
    Machine Gunner RblDiver's Avatar
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    Quote Originally Posted by Bailey Guns View Post
    If it's a civil charge, the cops wouldn't have anything to do with it.
    The more I think about it, the more I'm convinced it was the civil portion of the law which separated them. So if someone hit me, the state'd charge them with assault, while I sued them for assault and battery, that sort of thing.

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