HB 385 Summary

• Raises the age threshold for assault charges involving elder victims from 60 years to 65 years of age in both first-degree and second-degree assault statutes.

• Removes the requirement that the defendant knew or reasonably should have known the victim's age for first-degree assault under section 707-710(1)(b).

• Removes the requirement that the defendant knew or reasonably should have known the victim's age for second-degree assault under section 707-711(1)(m).

• Establishes strict liability for the victim's age as an attendant circumstance, meaning the defendant's state of mind regarding the victim being 65 years or older is not relevant.

• Takes effect upon approval and does not affect rights, duties, or proceedings that began before the effective date.