565.082. Assault of a law enforcement officer, corrections officer, emergency personnel, or probation and parole officer in the second degree, definition, penalty.
Assault of a law enforcement officer, corrections officer, emergencypersonnel, or probation and parole officer in the second degree,definition, penalty.
565.082. 1. A person commits the crime of assault of a lawenforcement officer, corrections officer, emergency personnel, or probationand parole officer in the second degree if such person:
(1) Knowingly causes or attempts to cause physical injury to a lawenforcement officer, corrections officer, emergency personnel, or probationand parole officer by means of a deadly weapon or dangerous instrument;
(2) Knowingly causes or attempts to cause physical injury to a lawenforcement officer, corrections officer, emergency personnel, highwayworker in a construction zone or work zone, or probation and parole officerby means other than a deadly weapon or dangerous instrument;
(3) Recklessly causes serious physical injury to a law enforcementofficer, corrections officer, emergency personnel, or probation and paroleofficer; or
(4) While in an intoxicated condition or under the influence ofcontrolled substances or drugs, operates a motor vehicle or vessel in thisstate and when so operating, acts with criminal negligence to causephysical injury to a law enforcement officer, corrections officer,emergency personnel, or probation and parole officer;
(5) Acts with criminal negligence to cause physical injury to a lawenforcement officer, corrections officer, emergency personnel, or probationand parole officer by means of a deadly weapon or dangerous instrument;
(6) Purposely or recklessly places a law enforcement officer,corrections officer, emergency personnel, or probation and parole officerin apprehension of immediate serious physical injury; or
(7) Acts with criminal negligence to create a substantial risk ofdeath or serious physical injury to a law enforcement officer, correctionsofficer, emergency personnel, or probation and parole officer.
2. As used in this section, "emergency personnel" means any paid orvolunteer firefighter, emergency room or trauma center personnel, oremergency medical technician as defined in subdivisions (15), (16), (17),and (18) of section 190.100, RSMo.
3. As used in this section the term "corrections officer" includesany jailer or corrections officer of the state or any political subdivisionof the state.
4. Assault of a law enforcement officer, corrections officer,emergency personnel, or probation and parole officer in the second degreeis a class B felony unless committed pursuant to subdivision (2), (5), (6),or (7) of subsection 1 of this section in which case it is a class Cfelony.
(L. 1989 S.B. 215 & 58, A.L. 2003 S.B. 5, A.L. 2004 H.B. 1055, A.L. 2005 H.B. 353, A.L. 2008 H.B. 1715, A.L. 2009 H.B. 62)Assault of a law enforcement officer, corrections officer, emergencypersonnel, highway worker, or probation and parole officer in thesecond degree, definition, penalty.*This section was amended by H.B. 62 and H.B. 683 during the First Regular Session of the 95th General Assembly, 2009. Due to possible conflict, two versions of this section are printed here.
565.082. 1. A person commits the crime of assault of a lawenforcement officer, corrections officer, emergency personnel, highwayworker in a construction zone or work zone, or probation and parole officerin the second degree if such person:
(1) Knowingly causes or attempts to cause physical injury to a lawenforcement officer, corrections officer, emergency personnel, or probationand parole officer by means of a deadly weapon or dangerous instrument;
(2) Knowingly causes or attempts to cause physical injury to a lawenforcement officer, corrections officer, emergency personnel, highwayworker in a construction zone or work zone, or probation and parole officerby means other than a deadly weapon or dangerous instrument;
(3) Recklessly causes serious physical injury to a law enforcementofficer, corrections officer, emergency personnel, highway worker in aconstruction zone or work zone, or probation and parole officer; or
(4) While in an intoxicated condition or under the influence ofcontrolled substances or drugs, operates a motor vehicle or vessel in thisstate and when so operating, acts with criminal negligence to causephysical injury to a law enforcement officer, corrections officer,emergency personnel, highway worker in a construction zone or work zone, orprobation and parole officer;
(5) Acts with criminal negligence to cause physical injury to a lawenforcement officer, corrections officer, emergency personnel, highwayworker in a construction zone or work zone, or probation and parole officerby means of a deadly weapon or dangerous instrument;
(6) Purposely or recklessly places a law enforcement officer,corrections officer, emergency personnel, highway worker in a constructionzone or work zone, or probation and parole officer in apprehension ofimmediate serious physical injury; or
(7) Acts with criminal negligence to create a substantial risk ofdeath or serious physical injury to a law enforcement officer, correctionsofficer, emergency personnel, highway worker in a construction zone or workzone, or probation and parole officer.
2. As used in this section, "emergency personnel" means any paid orvolunteer firefighter, emergency room or trauma center personnel, oremergency medical technician as defined in subdivisions (15), (16), (17),and (18) of section 190.100, RSMo.
3. As used in this section the term "corrections officer" includesany jailer or corrections officer of the state or any political subdivisionof the state.
4. When used in this section, the terms "highway worker","construction zone", or "work zone" shall have the same meaning as suchterms are defined in section 304.580, RSMo.
5. Assault of a law enforcement officer, corrections officer,emergency personnel, highway worker in a construction zone or work zone, orprobation and parole officer in the second degree is a class B felonyunless committed pursuant to subdivision (2), (5), (6), or (7) ofsubsection 1 of this section in which case it is a class C felony. For anyviolation of subdivision (1), (3), or (4) of subsection 1 of this section,the defendant must serve mandatory jail time as part of his or hersentence.
(L. 1989 S.B. 215 & 58, A.L. 2003 S.B. 5, A.L. 2004 H.B. 1055, A.L. 2005 H.B. 353, A.L. 2008 H.B. 1715, A.L. 2009 H.B. 683)*This section was amended by H.B. 62 and H.B. 683 during the First Regular Session of the 95th General Assembly, 2009. Due to possible conflict, two versions are printed here.