2005 Idaho Code - 18-915 — ASSAULT OR BATTERY UPON CERTAIN PERSONNEL -- PUNISHMENT

                                  TITLE  18
                            CRIMES AND PUNISHMENTS
                                  CHAPTER 9
                             ASSAULT AND BATTERY
    18-915.  ASSAULT OR BATTERY UPON CERTAIN PERSONNEL -- PUNISHMENT. Any
person who commits a crime provided for in this chapter against or upon a
justice, judge, magistrate, prosecuting attorney, public defender, peace
officer, bailiff, marshal, sheriff, police officer, correctional officer,
employee of the department of correction, employee of a private prison
contractor while employed at a private correctional facility in the state of
Idaho, employees of the department of water resources authorized to enforce
the provisions of chapter 38, title 42, Idaho Code, jailer, parole officer,
officer of the Idaho state police, fireman, social caseworkers or social work
specialists of the department of health and welfare, employee of a state
secure confinement facility for juveniles, employee of a juvenile detention
facility, a teacher at a detention facility or a juvenile probation officer,
emergency medical technician certified by the department of health and
welfare, emergency medical technician-ambulance certified by the department of
health and welfare, advanced emergency medical technician and EMT-paramedic
certified by the state board of medicine, a member, employee or agent of the
state tax commission, United States marshal, or federally commissioned law
enforcement officer or their deputies or agents and the perpetrator knows or
has reason to know of the victim's status, the punishment shall be as follows:
    (a)  For committing battery with intent to commit a serious felony the
punishment shall be imprisonment in the state prison not to exceed twenty-five
(25) years.
    (b)  For committing any other crime in this chapter the punishment shall
be doubled that provided in the respective section, except as provided in
subsections (c) and (d) of this section.
    (c)  For committing a violation of the provisions of section 18-901 or
18-903, Idaho Code, against the person of a justice, judge or magistrate,
jailer or correctional officer or other staff of the department of correction,
or a county jail, or of a private correctional facility, or of an employee of
a state secure confinement facility for juveniles, an employee of a juvenile
detention facility, a teacher at a detention facility or a juvenile probation
officer  and the person committing the offense knows or reasonably should know
that such victim is a justice, judge or magistrate, jailer or correctional
officer or other staff of the department of correction, or of a private
correctional facility, an employee of a state secure confinement facility for
juveniles, an employee of a juvenile detention facility, a teacher at a
detention facility or a juvenile probation officer because of the victim's
former or present official status, and the victim is engaged in the
performance of his duties, the offense shall be a felony punishable by
imprisonment in a correctional facility for a period of not more than five (5)
years, and said sentence shall be served consecutively to any sentence being
currently served.
    (d)  For committing a violation of the provisions of section 18-903, Idaho
Code, except unlawful touching as described in section 18-903(b), Idaho Code,
against the person of a peace officer, sheriff or police officer because of
the victim's former or present official status, the offense shall be a felony
punishable by imprisonment in a correctional facility for a period of not more
than five (5) years, and said sentence shall be served consecutively to any
sentence being currently served.