Also known as: grievous bodily harm · SBH
Written by attorneys · grounded in primary & secondary sources — see below
A category of physical injury whose consequences are so grave or serious that they differ in kind from lesser bodily harms. It includes harms creating a substantial risk of fatal consequences, those amounting to mayhem, and those causing permanent or protracted loss of function of an important member or organ.
Stella Shapiro swung a metal pipe at Sean Steele's head during an argument. The blow missed but created a substantial risk of fatal injury. Under common law malice rules the intent to cause such harm satisfied the element for murder.
Stephen Shaw faced an attacker who grabbed his arm. Shaw responded with a shove that caused only temporary discomfort. Because the shove was not intended or likely to produce serious bodily harm the force remained privileged under self-defense rules.
Samantha Stone discovered a trespasser on her remote property. She knew that forcing the trespasser off the land would expose him to a cliff edge and serious injury. The rule barred her from using force because exclusion would create substantial danger of serious bodily harm.
Select any source to read its text and confirm it supports the definition.
Sebastian Santos left a loaded gun accessible to an untrained child. The child fired the weapon and killed a neighbor. The gross deviation created a high risk of death or serious bodily harm and supported an involuntary manslaughter charge.
Simone Sanders confronted a negligent driver who had nearly struck her. She used a measured push to stop further contact. The push was not intended or likely to cause serious bodily harm so the privilege applied even though the threat arose from negligence.
Synergy Systems employee Samantha Stone suffered a deep laceration requiring stitches. The injury did not create a substantial risk of death or permanent loss of function. The harm therefore fell short of serious bodily harm under the governing definition.
Serious bodily harm differs in kind rather than degree. It encompasses harms that create a substantial risk of death, constitute mayhem, or cause permanent loss of function of an important organ or member. Force likely to produce such harm is generally not privileged in self-defense against lesser threats.
Supporting sources
Yes. Common law malice aforethought is satisfied by an intent to inflict grievous bodily harm. That intent alone supports a murder conviction even without an intent to kill.
Supporting sources
Criminal negligence supports involuntary manslaughter when it constitutes a gross deviation from the reasonable standard of care and creates a high risk of death or serious bodily harm. The risk level is lower than that required for depraved-heart murder.
Supporting sources
…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…