2006 Code of Virginia § 18.2-51.1 - Malicious bodily injury to law-enforcement officers, firefighters, search and rescue personnel, or ...

18.2-51.1. Malicious bodily injury to law-enforcement officers,firefighters, search and rescue personnel, or emergency medical serviceproviders; penalty; lesser-included offense.

If any person maliciously causes bodily injury to another by any meansincluding the means set out in 18.2-52, with intent to maim, disfigure,disable or kill, and knowing or having reason to know that such other personis a law-enforcement officer, as defined hereinafter, firefighter, as definedin 65.2-102, search and rescue personnel as defined hereinafter, oremergency medical services personnel, as defined in 32.1-111.1 engaged inthe performance of his public duties as a law-enforcement officer,firefighter, search and rescue personnel, or emergency medical servicespersonnel, such person shall be guilty of a felony punishable by imprisonmentfor a period of not less than five years nor more than 30 years and, subjectto subsection (g) of 18.2-10, a fine of not more than $100,000. Uponconviction, the sentence of such person shall include a mandatory minimumterm of imprisonment of two years.

If any person unlawfully, but not maliciously, with the intent aforesaid,causes bodily injury to another by any means, knowing or having reason toknow such other person is a law-enforcement officer, firefighter, as definedin 65.2-102, search and rescue personnel, or emergency medical servicespersonnel, engaged in the performance of his public duties as alaw-enforcement officer, firefighter, search and rescue personnel, oremergency medical services personnel, he shall be guilty of a Class 6 felony,and upon conviction, the sentence of such person shall include a mandatoryminimum term of imprisonment of one year.

Nothing in this section shall be construed to affect the right of any personcharged with a violation of this section from asserting and presentingevidence in support of any defenses to the charge that may be available undercommon law.

As used in this section, "law-enforcement officer" means any full-time orpart-time employee of a police department or sheriff's office that is part ofor administered by the Commonwealth or any political subdivision thereof, whois responsible for the prevention or detection of crime and the enforcementof the penal, traffic or highway laws of this Commonwealth; any conservationofficer of the Department of Conservation and Recreation commissionedpursuant to 10.1-115; any game warden appointed pursuant to 29.1-200 andauxiliary police officers appointed or provided for pursuant to 15.2-1731and 15.2-1733 and auxiliary deputy sheriffs appointed pursuant to 15.2-1603.

As used in this section, "search and rescue personnel" means any employeeor member of a search and rescue organization that is authorized by aresolution or ordinance duly adopted by the governing body of any county,city or town of the Commonwealth.

The provisions of 18.2-51 shall be deemed to provide a lesser-includedoffense hereof.

(1983, c. 578; 1985, c. 444; 1994, cc. 205, 427; 1997, cc. 8, 120; 2002, cc.588, 623; 2004, cc. 461, 841.)

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