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508.025 Assault in the third degree.
(1)
A person is guilty of assault in the third degree when the actor:
(a) Recklessly, with a deadly weapon or dangerous instrument, or intentionally
causes or attempts to cause physical injury to:
1.
A state, county, city, or federal peace officer;
2.
An employee of a detention facility, or state residential treatment facility
or state staff secure facility for residential treatment which provides for
the care, treatment, or detention of a juvenile charged with or
adjudicated delinquent because of a public offense or as a youthful
offender;
3.
An employee of the Department for Community Based Services
employed as a social worker to provide direct client services, if the event
occurs while the worker is performing job-related duties;
4.
Paid or volunteer emergency medical services personnel certified or
licensed pursuant to KRS Chapter 311A, if the event occurs while
personnel are performing job-related duties;
5.
A paid or volunteer member of an organized fire department, if the event
occurs while the member is performing job-related duties;
6.
Paid or volunteer rescue squad personnel affiliated with the Division of
Emergency Management of the Department of Military Affairs or a local
disaster and emergency services organization pursuant to KRS Chapter
39F, if the event occurs while personnel are performing job-related
duties;
7.
A probation and parole officer;
8.
A transportation officer appointed by a county fiscal court or legislative
body of a consolidated local government, urban-county government, or
charter government to transport inmates when the county jail or county
correctional facility is closed while the transportation officer is
performing job-related duties;
9.
A public or private elementary or secondary school or school district
classified or certified employee, school bus driver, or other school
employee acting in the course and scope of the employee's employment;
or
10. A public or private elementary or secondary school or school district
volunteer acting in the course and scope of that person's volunteer
service for the school or school district; or
(b) Being a person confined in a detention facility, or state residential treatment
facility or state staff secure facility for residential treatment which provides
for the care, treatment, or detention of a juvenile charged with or adjudicated
delinquent because of a public offense or as a youthful offender, inflicts
physical injury upon or throws or causes feces, or urine, or other bodily fluid
to be thrown upon an employee of the facility.
(2)
Assault in the third degree is a Class D felony.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 128, sec. 1, effective June 20, 2005. -- Amended
2002 Ky. Acts ch. 208, sec. 1, effective July 15, 2002; and ch. 360, sec. 1, effective
July 15, 2002. -- Amended 2000 Ky. Acts ch. 14, sec. 56, effective July 14, 2000; ch.
193, sec. 17, effective July 14, 2000; and ch. 345, sec. 7, effective July 14, 2000. -Amended 1996 Ky. Acts ch. 345, sec. 1, effective July 15, 1996. -- Amended 1994
Ky. Acts ch. 397, sec. 1, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 380,
sec. 1, effective July 13, 1990. -- Created 1982 Ky. Acts ch. 429, sec. 1, effective
July 15, 1982.
Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts ch. 128, sec. 1,
which included an amendment to this statute, provides that the Act shall be known as
the "Brenda D. Cowan Act."
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