Chief Hall Highlights

13-1204.
Aggravated assault; classification; definitions
A. A person commits aggravated assault if the person commits assault as prescribed by section
13-1203 under any of the following circumstances:
1. If the person causes serious physical injury to another.
2. If the person uses a deadly weapon or dangerous instrument.
3. If the person commits the assault by any means of force that causes temporary but substantial
disfigurement, temporary but substantial loss or impairment of any body organ or part or a
fracture of any body part.
4. If the person commits the assault while the victim is bound or otherwise physically restrained
or while the victim's capacity to resist is substantially impaired.
5. If the person commits the assault after entering the private home of another with the intent to
commit the assault.
6. If the person is eighteen years of age or older and commits the assault on a minor under fifteen
years of age.
7. If the person commits assault as prescribed by section 13-1203, subsection A, paragraph 1 or 3

and the person is in violation of an order of protection issued against the person pursuant to
section 13-3602 or 13-3624.
8. If the person commits the assault knowing or having reason to know that the victim is any of
the following:
(a) A peace officer or a person summoned and directed by the officer.
(b) A constable or a person summoned and directed by the constable while engaged in the
execution of any official duties or if the assault results from the execution of the constable's
official duties.
(c) A firefighter, fire investigator, fire inspector, emergency medical technician or paramedic
engaged in the execution of any official duties or a person summoned and directed by such
individual while engaged in the execution of any official duties or if the assault results from the
execution of the official duties of the firefighter, fire investigator, fire inspector, emergency
medical technician or paramedic.
(d) A teacher or other person employed by any school and the teacher or other employee is on the
grounds of a school or grounds adjacent to the school or is in any part of a building or vehicle
used for school purposes, any teacher or school nurse visiting a private home in the course of the
teacher's or nurse's professional duties or any teacher engaged in any authorized and
organized classroom activity held on other than school grounds.
(e) A health care practitioner who is certified or licensed pursuant to title 32, chapter 13, 15, 17
or 25, or a person summoned and directed by the licensed health care practitioner while engaged
in the person's professional duties. This subdivision does not apply if the person who commits
the assault is seriously mentally ill, as defined in section 36-550, or is afflicted with alzheimer's
disease or related dementia.
(f) A prosecutor while engaged in the execution of any official duties or if the assault results from
the execution of the prosecutor's official duties.
(g) A code enforcement officer as defined in section 39-123 while engaged in the execution of
any official duties or if the assault results from the execution of the code enforcement officer's
official duties.
(h) A state or municipal park ranger while engaged in the execution of any official duties or if the
assault results from the execution of the park ranger's official duties.
(i) A public defender while engaged in the execution of any official duties or if the assault results
from the execution of the public defender's official duties.
(j) A judicial officer while engaged in the execution of any official duties or if the assault results
from the execution of the judicial officer's official duties.
9. If the person knowingly takes or attempts to exercise control over any of the following:
(a) A peace officer's or other officer's firearm and the person knows or has reason to know that
the victim is a peace officer or other officer employed by one of the agencies listed in paragraph
10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection.
(b) Any weapon other than a firearm that is being used by a peace officer or other officer or that
the officer is attempting to use, and the person knows or has reason to know that the victim is a
peace officer or other officer employed by one of the agencies listed in paragraph 10, subdivision
(a), item (i), (ii), (iii), (iv) or (v) of this subsection.
(c) Any implement that is being used by a peace officer or other officer or that the officer is
attempting to use, and the person knows or has reason to know that the victim is a peace officer
or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i),
(ii), (iii), (iv) or (v) of this subsection. For the purposes of this subdivision, "implement" means
an object that is designed for or that is capable of restraining or injuring an individual.
Implement does not include handcuffs.
10. If the person meets both of the following conditions:
(a) Is imprisoned or otherwise subject to the custody of any of the following:

(i) The state department of corrections.
(ii) The department of juvenile corrections.
(iii) A law enforcement agency.
(iv) A county or city jail or an adult or juvenile detention facility of a city or county.
(v) Any other entity that is contracting with the state department of corrections, the department of
juvenile corrections, a law enforcement agency, another state, any private correctional facility, a
county, a city or the federal bureau of prisons or other federal agency that has responsibility for
sentenced or unsentenced prisoners.
(b) Commits an assault knowing or having reason to know that the victim is acting in an official
capacity as an employee of any of the entities listed in subdivision (a) of this paragraph.
11. If the person uses a simulated deadly weapon.
B. A person commits aggravated assault if the person commits assault by either intentionally,
knowingly or recklessly causing any physical injury to another person, intentionally placing
another person in reasonable apprehension of imminent physical injury or knowingly touching
another person with the intent to injure the person, and both of the following occur:
1. The person intentionally or knowingly impedes the normal breathing or circulation of blood of
another person by applying pressure to the throat or neck or by obstructing the nose and mouth
either manually or through the use of an instrument.
2. Any of the circumstances exists that are set forth in section 13-3601, subsection A, paragraph
1, 2, 3, 4, 5 or 6.
C. A person who is convicted of intentionally or knowingly committing aggravated assault on a

peace officer pursuant to subsection A, paragraph 1 or 2 of this section shall be sentenced to
imprisonment for not less than the presumptive sentence authorized under chapter 7 of this title
and is not eligible for suspension of sentence, commutation or release on any basis until the
sentence imposed is served.
D. It is not a defense to a prosecution for assaulting a peace officer or a mitigating circumstance

that the peace officer was not on duty or engaged in the execution of any official duties.
E. Except pursuant to subsections F and G of this section, aggravated assault pursuant to

subsection A, paragraph 1 or 2, paragraph 9, subdivision (a) or paragraph 11 of this section is a
class 3 felony except if the aggravated assault is a violation of subsection A, paragraph 1 or 2 of
this section and the victim is under fifteen years of age it is a class 2 felony punishable pursuant
to section 13-705. Aggravated assault pursuant to subsection A, paragraph 3 or subsection B of
this section is a class 4 felony. Aggravated assault pursuant to subsection A, paragraph 9,
subdivision (b) or paragraph 10 of this section is a class 5 felony. Aggravated assault pursuant to
subsection A, paragraph 4, 5, 6, 7 or 8 or paragraph 9, subdivision (c) of this section is a class 6
felony.
F. Aggravated assault pursuant to subsection A, paragraph 1 or 2 of this section committed on a

peace officer is a class 2 felony. Aggravated assault pursuant to subsection A, paragraph 3 of this
section committed on a peace officer is a class 3 felony. Aggravated assault pursuant to
subsection A, paragraph 8, subdivision (a) of this section committed on a peace officer is a class
5 felony unless the assault results in any physical injury to the peace officer, in which case it is a
class 4 felony.
G. Aggravated assault pursuant to:
1. Subsection A, paragraph 1 or 2 of this section is a class 2 felony if committed on a prosecutor.
2. Subsection A, paragraph 3 of this section is a class 3 felony if committed on a prosecutor.
3. Subsection A, paragraph 8, subdivision (f) of this section is a class 5 felony if the assault
results in physical injury to a prosecutor.
H. For the purposes of this section:
1. "Judicial officer" means a justice of the supreme court, judge, justice of the peace or
magistrate or a commissioner or hearing officer of a state, county or municipal court.
2. "Prosecutor" means a county attorney, a municipal prosecutor or the attorney general and
includes an assistant or deputy county attorney, municipal prosecutor or attorney general.

Chief Hall Highlights

Uploaded by

Copyright:

Available Formats

Chief Hall Highlights

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Chief Hall Highlights

Uploaded by

Copyright:

Available Formats

13-1204.

Aggravated assault; classification; definitions

1. If the person causes serious physical injury to another.

2. If the person uses a deadly weapon or dangerous instrument.

7. If the person commits assault as prescribed by section 13-1203, subsection A, paragraph 1 or 3

(a) A peace officer or a person summoned and directed by the officer.

10. If the person meets both of the following conditions:

(a) Is imprisoned or otherwise subject to the custody of any of the following:

(ii) The department of juvenile corrections.

(iii) A law enforcement agency.

11. If the person uses a simulated deadly weapon.

C. A person who is convicted of intentionally or knowingly committing aggravated assault on a

D. It is not a defense to a prosecution for assaulting a peace officer or a mitigating circumstance

E. Except pursuant to subsections F and G of this section, aggravated assault pursuant to

F. Aggravated assault pursuant to subsection A, paragraph 1 or 2 of this section committed on a

G. Aggravated assault pursuant to:

1. Subsection A, paragraph 1 or 2 of this section is a class 2 felony if committed on a prosecutor.

2. Subsection A, paragraph 3 of this section is a class 3 felony if committed on a prosecutor.

H. For the purposes of this section:

You might also like