Legal Definitions - serious bodily harm

Serious bodily harm refers to an injury that creates a substantial risk of death, causes permanent disfigurement, or results in the protracted loss or impairment of the function of any bodily member or organ. It signifies an injury of a severe nature, going beyond minor cuts or bruises, and often requires extensive medical intervention.

Here are some examples illustrating what constitutes serious bodily harm:

• Example 1: During a robbery, a store clerk is struck repeatedly with a blunt object, resulting in a fractured skull and a severe concussion. The clerk requires emergency surgery to relieve pressure on the brain and remains hospitalized for several weeks, facing a substantial risk of death and potential long-term neurological damage.

  Explanation: This scenario illustrates serious bodily harm because the fractured skull and severe concussion create a substantial risk of death and involve a protracted impairment of a vital organ (the brain), requiring extensive medical intervention and posing a threat to life and long-term function.

• Example 2: In a road rage incident, one driver intentionally rams another vehicle, causing the occupant to suffer a compound fracture of the femur. The injury requires multiple surgeries, the insertion of metal plates, and months of intensive physical therapy, leading to a permanent limp and a significant reduction in mobility.

  Explanation: This injury qualifies as serious bodily harm because the compound fracture and subsequent complications result in the protracted loss and permanent impairment of the function of a major bodily member (the leg), significantly affecting the victim's ability to walk and move normally.

• Example 3: An individual is attacked and suffers severe chemical burns to their face and hands. The burns are so extensive that they cause permanent scarring and disfigurement, requiring multiple skin graft surgeries and leaving the victim with limited use of their fingers.

  Explanation: This situation demonstrates serious bodily harm due to the permanent disfigurement of the face and hands, as well as the protracted impairment of the function of bodily members (the hands), which will have lasting physical and potentially psychological impacts on the victim.