Effective 5/14/2019 76-8-318 Assault or threat of violence against child welfare worker -- Penalty. (1) As used in this section:
(a) "Assault" means the same as that term is defined in Section 76-5-102. (b) "Child welfare worker" means an employee of the Division of Child and Family Services
created in Section 62A-4a-103. (c) "Threat of violence" means the same as that term is defined in Section 76-5-107.
(2) An individual who commits an assault or threat of violence against a child welfare worker is guilty of a class A misdemeanor if:
(a) the individual is not: (i) a prisoner or an individual detained under Section 77-7-15; or (ii) a minor in the custody of or receiving services from a division within the Department of
Human Services; (b) the individual knew that the victim was a child welfare worker; and (c) the child welfare worker was acting within the scope of the child welfare worker's authority at
the time of the assault or threat of violence. (3) An individual who violates this section is guilty of a third degree felony if the individual:
(a) causes substantial bodily injury, as defined in Section 76-1-601; and (b) acts intentionally or knowingly.
Enacted by Chapter 478, 2019 General Session