[707-712.6] Assault against a law enforcement officer in the second degree. (1) A person commits the offense of assault against a law enforcement officer in the second degree if the person recklessly causes bodily injury to a law enforcement officer who is engaged in the performance of duty.

(2) Assault of a law enforcement officer in the second degree is a misdemeanor. The court shall sentence the person who has been convicted of this offense to a definite term of imprisonment, pursuant to section 706-663, of not less than thirty days without possibility of probation or suspension of sentence. [L 2003, c 66, 1]

 

Cross References

 

Definition of law enforcement officer, see 701-118.

 

COMMENTARY ON 707-712.6

 

Act 66, Session Laws 2003, added this section, creating the misdemeanor offense of assault against a law enforcement officer in the second degree. The legislature expressed the intent that the term "law enforcement officer" includes, but is not limited to, police officers, sheriffs, sheriff deputies, department of land and natural resources enforcement officers, and investigators with the department of the attorney general. Senate Standing Committee Report No. 979.

 

 

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