FIRST REGULAR SESSION
93RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES JOLLY (Sponsor), MEINERS, LOW (39), PAGE, YAEGER,
WILDBERGER, JOHNSON (61), MEADOWS, SATER AND BYRD (Co-sponsors).
Read 1st time January 10, 2005 and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
AN ACT
To repeal sections 565.081, 565.082, and 565.083, RSMo, and to enact in lieu thereof three new sections relating to assault of a law enforcement officer, prosecuting attorney or assistant prosecuting attorney, circuit attorney or assistant circuit attorney, or emergency personnel, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 565.081, 565.082, and 565.083, RSMo, are repealed and three new sections enacted in lieu thereof, to be known as sections 565.081, 565.082, and 565.083, to read as follows:
565.081. 1. A person commits the crime of assault of a law enforcement officer, prosecuting attorney or assistant prosecuting attorney, circuit attorney or assistant circuit attorney, or emergency personnel in the first degree if such person attempts to kill or knowingly causes or attempts to cause serious physical injury to a law enforcement officer, prosecuting attorney or assistant prosecuting attorney, circuit attorney or assistant circuit attorney, or emergency personnel.
2. As used in this section, "emergency personnel" means any paid or volunteer firefighter, emergency room or trauma center personnel, or emergency medical technician as defined in subdivisions (15), (16), and (17) of section 190.100, RSMo.
3. Assault of a law enforcement officer, prosecuting attorney or assistant prosecuting attorney, circuit attorney or assistant circuit attorney, or emergency personnel in the first degree is a class A felony.
565.082. 1. A person commits the crime of assault of a law enforcement officer, prosecuting attorney or assistant prosecuting attorney, circuit attorney or assistant circuit attorney, or emergency personnel in the second degree if such person:
(1) Knowingly causes or attempts to cause physical injury to a law enforcement officer, prosecuting attorney or assistant prosecuting attorney, circuit attorney or assistant circuit attorney, or emergency personnel by means of a deadly weapon or dangerous instrument;
(2) Knowingly causes or attempts to cause physical injury to a law enforcement officer, prosecuting attorney or assistant prosecuting attorney, circuit attorney or assistant circuit attorney, or emergency personnel by means other than a deadly weapon or dangerous instrument;
(3) Recklessly causes serious physical injury to a law enforcement officer, prosecuting attorney or assistant prosecuting attorney, circuit attorney or assistant circuit attorney, or emergency personnel; or
(4) While in an intoxicated condition or under the influence of controlled substances or drugs, operates a motor vehicle in this state and when so operating, acts with criminal negligence to cause physical injury to a law enforcement officer, prosecuting attorney or assistant prosecuting attorney, circuit attorney or assistant circuit attorney, or emergency personnel;
(5) Acts with criminal negligence to cause physical injury to a law enforcement officer, prosecuting attorney or assistant prosecuting attorney, circuit attorney or assistant circuit attorney, or emergency personnel by means of a deadly weapon or dangerous instrument;
(6) Purposely or recklessly places a law enforcement officer, prosecuting attorney or assistant prosecuting attorney, circuit attorney or assistant circuit attorney, or emergency personnel in apprehension of immediate serious physical injury; or
(7) Acts with criminal negligence to create a substantial risk of death or serious physical injury to a law enforcement officer, prosecuting attorney or assistant prosecuting attorney, circuit attorney or assistant circuit attorney, or emergency personnel.
2. As used in this section, "emergency personnel" means any paid or volunteer firefighter, emergency room or trauma center personnel, or emergency medical technician as defined in subdivisions (15), (16), and (17) of section 190.100, RSMo.
3. Assault of a law enforcement officer, prosecuting attorney or assistant prosecuting attorney, circuit attorney or assistant circuit attorney, or emergency personnel in the second degree is 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 C felony.
565.083. 1. A person commits the crime of assault of a law enforcement officer, prosecuting attorney or assistant prosecuting attorney, circuit attorney or assistant circuit attorney, or emergency personnel in the third degree if:
(1) Such person recklessly causes physical injury to a law enforcement officer, prosecuting attorney or assistant prosecuting attorney, circuit attorney or assistant circuit attorney, or emergency personnel;
(2) Such person purposely places a law enforcement officer, prosecuting attorney or assistant prosecuting attorney, circuit attorney or assistant circuit attorney, or emergency personnel in apprehension of immediate physical injury;
(3) Such person knowingly causes or attempts to cause physical contact with a law enforcement officer, prosecuting attorney or assistant prosecuting attorney, circuit attorney or assistant circuit attorney, or emergency personnel without the consent of the law enforcement officer, prosecuting attorney or assistant prosecuting attorney, circuit attorney or assistant circuit attorney, or emergency personnel.
2. As used in this section, "emergency personnel" means any paid or volunteer firefighter, emergency room or trauma center personnel, or emergency medical technician as defined in subdivisions (15), (16), and (17) of section 190.100, RSMo.
3. Assault of a law enforcement officer, prosecuting attorney or assistant prosecuting attorney, circuit attorney or assistant circuit attorney, or emergency personnel in the third degree is a class A misdemeanor.