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- Aug 26, 2011
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Sec. 53a-60. Assault in the second degree: Class D felony. (a) A person is guilty of assault in the second degree when: (1) With intent to cause serious physical injury to another person, he causes such injury to such person or to a third person; or (2) with intent to cause physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument other than by means of the discharge of a firearm; or (3) he recklessly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument; or (4) for a purpose other than lawful medical or therapeutic treatment, he intentionally causes stupor, unconsciousness or other physical impairment or injury to another person by administering to such person, without his consent, a drug, substance or preparation capable of producing the same; or (5) he is a parolee from a correctional institution and with intent to cause physical injury to an employee or member of the Board of Pardons and Paroles, he causes physical injury to such employee or member.
Number 3 would be the most innocuous. Recklessness means he knew or reasonably should have known the potential for injury and dangerous instrument could mean pretty much anything.
Scenario: You ever heard of a situation where you/one of your friends sees how close they can swing a fist to your body before pulling back to make you "flinch"? What if McQuillan and his roommate were drunk, they were playing the made you flinch game with some sort of hard object, and McQuillan accidentally lets one fly - or maybe the friend moves into the line of fire. That seems like it would fit the definition of the crime, and surely would be pretty stupid ... but it doesn't seem so morally culpable that he should be kicked off the football team.