Section 30-22-21 - Assault upon peace officer.

30-22-21. Assault upon peace officer.

A.     Assault upon a peace officer consists of:   

(1)     an attempt to commit a battery upon the person of a peace officer while he is in the lawful discharge of his duties; or   

(2)     any unlawful act, threat or menacing conduct which causes a peace officer while he is in the lawful discharge of his duties to reasonably believe that he is in danger of receiving an immediate battery.   

B.     Whoever commits assault upon a peace officer is guilty of a misdemeanor.