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Section: 565.0082 Beginning January 1, 2017--(Repealed L. 2014 S.b. 491 §A) Rsmo 565.082


Published: 2015

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Missouri Revised Statutes













Chapter 565

Offenses Against the Person



Effective 1-01-17





2009

2008

2005

2004

2003

1991



2009



565.082. 1. A person commits the crime of assault of a law enforcement

officer, corrections officer, emergency personnel, highway worker in a

construction zone or work zone, or probation and parole officer in the second

degree if such person:



(1) Knowingly causes or attempts to cause physical injury to a law

enforcement officer, corrections officer, emergency personnel, or probation

and parole officer by means of a deadly weapon or dangerous instrument;



(2) Knowingly causes or attempts to cause physical injury to a law

enforcement officer, corrections officer, emergency personnel, highway worker

in a construction zone or work zone, or probation and parole officer by means

other than a deadly weapon or dangerous instrument;



(3) Recklessly causes serious physical injury to a law enforcement

officer, corrections officer, emergency personnel, highway worker in a

construction zone or work zone, or probation and parole officer; or



(4) While in an intoxicated condition or under the influence of

controlled substances or drugs, operates a motor vehicle or vessel in this

state and when so operating, acts with criminal negligence to cause physical

injury to a law enforcement officer, corrections officer, emergency personnel,

highway worker in a construction zone or work zone, or probation and parole

officer;



(5) Acts with criminal negligence to cause physical injury to a law

enforcement officer, corrections officer, emergency personnel, highway worker

in a construction zone or work zone, or probation and parole officer by 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 construction

zone or work zone, or probation and parole officer 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, corrections officer,

emergency personnel, highway worker in a construction zone or work zone, or

probation and parole officer.



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), (17), and (18) of

section 190.100.



3. As used in this section the term "corrections officer" includes any

jailer or corrections officer of the state or any political subdivision of

the state.



4. When used in this section, the terms "highway worker", "construction

zone", or "work zone" shall have the same meaning as such terms are defined

in section 304.580.



5. Assault of a law enforcement officer, corrections officer, emergency

personnel, highway worker in a construction zone or work zone, or probation

and parole officer 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. For any violation of subdivision (1),

(3), or (4) of subsection 1 of this section, the defendant must serve

mandatory jail time as part of his or her sentence.



2008



565.082. 1. A person commits the crime of assault of a law

enforcement officer, emergency personnel, or probation and parole officer

in the second degree if such person:



(1) Knowingly causes or attempts to cause physical injury to a law

enforcement officer, emergency personnel, or probation and parole officer

by means of a deadly weapon or dangerous instrument;



(2) Knowingly causes or attempts to cause physical injury to a law

enforcement officer, emergency personnel, or probation and parole officer

by means other than a deadly weapon or dangerous instrument;



(3) Recklessly causes serious physical injury to a law enforcement

officer, emergency personnel, or probation and parole officer; or



(4) While in an intoxicated condition or under the influence of

controlled substances or drugs, operates a motor vehicle or vessel in this

state and when so operating, acts with criminal negligence to cause

physical injury to a law enforcement officer, emergency personnel, or

probation and parole officer;



(5) Acts with criminal negligence to cause physical injury to a law

enforcement officer, emergency personnel, or probation and parole officer

by means of a deadly weapon or dangerous instrument;



(6) Purposely or recklessly places a law enforcement officer,

emergency personnel, or probation and parole officer 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, emergency

personnel, or probation and parole officer.



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, emergency personnel, or

probation and parole officer 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.



2005



565.082. 1. A person commits the crime of assault of a law

enforcement officer, emergency personnel, or probation and parole officer

in the second degree if such person:



(1) Knowingly causes or attempts to cause physical injury to a law

enforcement officer, emergency personnel, or probation and parole officer

by means of a deadly weapon or dangerous instrument;



(2) Knowingly causes or attempts to cause physical injury to a law

enforcement officer, emergency personnel, or probation and parole officer

by means other than a deadly weapon or dangerous instrument;



(3) Recklessly causes serious physical injury to a law enforcement

officer, emergency personnel, or probation and parole officer; 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, emergency personnel, or probation and parole

officer;



(5) Acts with criminal negligence to cause physical injury to a law

enforcement officer, emergency personnel, or probation and parole officer

by means of a deadly weapon or dangerous instrument;



(6) Purposely or recklessly places a law enforcement officer,

emergency personnel, or probation and parole officer 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, emergency

personnel, or probation and parole officer.



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, emergency personnel, or

probation and parole officer 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.



2004



565.082. 1. A person commits the crime of assault of a law

enforcement officer or emergency personnel in the second degree if such

person:



(1) Knowingly causes or attempts to cause physical injury to a law

enforcement officer 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 or emergency personnel by means other than a deadly

weapon or dangerous instrument;



(3) Recklessly causes serious physical injury to a law enforcement

officer 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 or emergency personnel;



(5) Acts with criminal negligence to cause physical injury to a law

enforcement officer or emergency personnel by means of a deadly weapon or

dangerous instrument;



(6) Purposely or recklessly places a law enforcement officer 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 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 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.



2003



565.082. 1. A person commits the crime of assault of a law

enforcement officer or emergency personnel in the second degree if such

person:



(1) Knowingly causes or attempts to cause physical injury to a law

enforcement officer or emergency personnel by means of a deadly weapon or

dangerous instrument;



(2) Recklessly causes serious physical injury to a law enforcement

officer or emergency personnel; or



(3) 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 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 or emergency personnel in the

second degree is a class B felony.



1991



565.082. 1. A person commits the crime of assault of a law

enforcement officer in the second degree if he:



(1) Attempts to cause or knowingly causes physical injury to

a law enforcement officer by means of a deadly weapon or

dangerous instrument;



(2) Recklessly causes serious physical injury to a law

enforcement officer; or



(3) 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.



2. Assault of a law enforcement officer in the second degree

is a class B felony.



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