Also known as:grievous bodily harms · GBH · serious bodily harm
Written by attorneys · grounded in primary & secondary sources — see below
A category of physical injury whose consequences are so grave that they differ in kind from ordinary bodily harm. The category includes any harm creating a substantial risk of death, constituting mayhem, or causing permanent or protracted loss of function in an important organ or member.
Sources & Authorities
How it applies
Common Examples
6
Intent to Inflict Grievous Harm
Gabriel Gonzalez swung a baseball bat at Gordon Gray's head during an argument. Gordon died from the resulting skull fracture. The prosecution established malice aforethought by proving Gabriel's intent to cause grievous bodily harm.
Self-Defense Force Limits
Greta Goldstein pushed Giana Greco away after Giana swung a fist at her face. Greta used only open-hand force that caused no serious injury. The privilege applied because Greta's response was not intended or likely to produce grievous bodily harm.
Trespass Prevention Restriction
Gregory Gates installed a spring-loaded barrier to stop trespassers from crossing his vacant lot. The device risked fracturing a leg or worse if triggered. The force was unjustified because Gregory knew exclusion could expose the trespasser to grievous bodily harm.
Select any source to read its text and confirm it supports the definition.
Cases
Model Codes
Common Law
Restatements
Casebooks
Study Supplements
Dictionaries
Involuntary Manslaughter Risk
Gloria Green drove her truck at high speed through a crowded intersection while texting. The vehicle struck and killed a pedestrian. The gross deviation created a high risk of grievous bodily harm and supported an involuntary manslaughter charge.
Defense Against Negligent Threat
Gulfstream Aviation's security guard shoved a negligent trespasser who wandered onto an active runway. The shove caused only minor bruises. The privilege held because the force was reasonable and not intended or likely to cause grievous bodily harm.
Defining Serious Harm
Griffin Industries' employee struck a coworker with a heavy wrench during a workplace fight. The blow fractured the victim's skull and caused lasting cognitive impairment. The injury qualified as grievous bodily harm because it created a substantial risk of fatal consequences and produced permanent loss of function.
Common questions
Frequently Asked
4
How does grievous bodily harm satisfy malice aforethought in murder?+
An intent to inflict grievous bodily harm constitutes one form of malice aforethought at common law. When a defendant acts with that intent and death results, the killing is murder even without an intent to kill.
Supporting sources
What distinguishes grievous bodily harm from lesser bodily injury?+
Grievous bodily harm differs in kind, not merely degree, from ordinary injury. It includes harms creating a substantial risk of death, constituting mayhem, or causing permanent loss of function in an important organ or member.
Supporting sources
When does self-defense lose its privilege because of grievous bodily harm?+
Self-defense is not privileged when the actor uses force intended or likely to cause grievous bodily harm unless the threatened harm justifies that level of response. Reasonable non-deadly force remains available against lesser threats.
Supporting sources
How does grievous bodily harm figure in involuntary manslaughter?+
Criminal negligence or recklessness that creates a high risk of grievous bodily harm and results in death constitutes involuntary manslaughter. The risk level is lower than that required for depraved-heart murder.
Supporting sources
471 U.S. 1, 105 S. Ct. 1694, 85 L. Ed. 2d 1 (1985)Criminal Procedure
…and the New York City Police Department, for example, both forbid the use of firearms except when necessary to prevent death or grievous bodily harm. Id. , at 40-41; App. 83. For accreditation by the Commission on Accreditation for Law Enforcement Agencies, a department must restrict the use of deadly force to situations where "the…