There are a number of crimes that base the degree of punishment on how much harm was done during the incident. Assault and criminal vehicular operation are common examples of these types of crimes. Minnesota divides the amount of harm inflicted into three categories: bodily harm, substantial bodily harm, and great bodily harm.
Bodily harm is the lowest level of harm. It is defined as “physical pain or injury, or any impairment of physical condition.” Any amount of pain, however minimal, may qualify for this level of harm. Even something as minor as a punch in the arm that leaves no bruise may qualify.
Substantial bodily harm is the mid-level category. It is defined as “bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes fracture of any bodily member.” A broken bone or other semi-permanent injury are typical of this level. Also, if someone is left temporarily unconscious (knocked out), this “impairment of the function of a bodily member or organ,” in this case, the brain, will qualify. In several cases, a cut that required stiches also qualified.
Great bodily harm is the most serious level of harm. It is defined as “bodily injury which creates a high probability of death, or which causes permanent disfigurement, or which causes a permanent or protracted loss of impairment of the function of any bodily member or organ or other serious bodily harm.” Permanent scarring, loss of a body part, or a collection of injuries that, when viewed together, constitutes a high level of harm will qualify. Interestingly, the loss of a tooth also qualifies because a tooth is considered a “bodily member.”