As used in this Chapter, the terms “bodily injury,” “serious bodily injury” and “deadly weapon” have the meanings provided by § 16.10. SOURCE: M.P.C. § 211.0; See Mass. ch. 263, § 3; N.J. § 2C:11-1. COMMENT: Chapter 19 is based on Model Penal Code §§ 211.0 through 211.3 with modifications proposed in California. This Chapter completely eliminates all of the various assault-type crimes found in the former Penal Code. In the former Penal Code the crimes of “assault with intent to...” now become “attempts to commit...” as set forth in Chapter 13 of this Code. (§ 13.10) Specifically, the following major changes have been adopted: (a) Consolidation of the assault and battery offenses; (b) Elimination of the offenses of “assault with the intent to...”; (c) Creation of a general “reckless conduct” offense; (d) Special treatment of the use of deadly weapons; and (e) Creation of a general “terroristic conduct” offense. The principal factors upon which is based the grading structure set forth in the law are: The actor’s capability, the seriousness of the injury inflicted or intended, and the mode of a conduct. No assault offense has been classified as a first-degree felony; the classifications range from petty misdemeanor to second degree felony. See California Joint Legislative Committee for Revision of the Penal Code, Penal Code Revision Project 161-167 (Tent. Draft No. 2, June 1968). Former Penal Code §§ 248 through 256 (libel) and §§ 258 through 260a (slander) provide for a crime of criminal defamation. Considering the Supreme Court developments relative to public officials and the total lack of prosecution for criminal libel and criminal slander on Guam, the Commission felt that these sections should be omitted from the Criminal and Correctional Code.
COL 2026-04-23