Assaults/Fights

Commission of an act on school grounds that if committed by an adult would be considered criminal assault.

Clarification: In keeping with the requirements of C.R.S. 22-32-109.1(b)(IV)(F), this category includes acts considered first- and second-degree assault, as defined by state statutes or municipal ordinances, but does not include acts considered third-degree assault. (22-32-109.1(2)(b)(IV) (F). C.R.S.) However, if fights and other third-degree assaults violate the local code of conduct, they should be reported in the "other violation" category. If unsure what type of event constitutes which degree assault, consult the language of the cited state statutes, contact the school district's legal counsel, local law enforcement officials or municipal attorneys for assistance.

Colorado Law Definitions of Assault

• First-degree assault occurs when: With intent to cause serious bodily injury to another person, a person causes serious bodily injury to any person by means of a deadly weapon; or with intent to disfigure another person seriously and permanently, or to destroy, amputate, or disable permanently a member or organ of his body, he causes such an injury to any person; or under circumstances manifesting extreme indifference to the value of human life, he knowingly engages in conduct that creates a grave risk of death to another person, and thereby causes serious bodily injury to any person. First-degree assault is almost always a felony.

• Second-degree assault occurs when: With intent to cause bodily injury to another person, a person causes such injury to any person by means of a deadly weapon; or with intent to prevent one whom he or she knows, or should know, to be a peace officer or firefighter from performing a lawful duty, he or she intentionally causes bodily injury to any person; or he recklessly causes serious bodily injury to another person by means of a deadly weapon; or for a purpose other than lawful medical or therapeutic treatment, he intentionally causes stupor, unconsciousness, or other physical or mental impairment or injury to another person by administering to him, without his consent, a drug, substance, or preparation capable of producing the intended harm.

• Third-degree assault occurs when: A person knowingly or recklessly causes bodily injury to another person or with criminal negligence he causes bodily injury to another person by means of a deadly weapon. Assault in the third degree is a class 1 misdemeanor. Example: Two middle-school boys begin to physically fight on the landing of a staircase during a passing period. One of the boys stumbles into a girl, causing her to fall down onto the flight of stairs below. This results in a painful bruise to her thigh. The bruise is considered "bodily injury" and the knocking down onto the stairs was due to reckless behavior. This incident would be classified as third-degree assault.