§ 1028 - Assault of law enforcement officer, firefighter, emergency room personnel, or emergency medical personnel member; assault with bodily fluids
§ 1028. Assault of law enforcement officer, firefighter, emergency room personnel, or emergency medical personnel member; assault with bodily fluids
(a) A person convicted of a simple or aggravated assault against a law enforcement officer, firefighter, emergency room personnel, or member of emergency services personnel as defined in subdivision 2651(6) of Title 24 while the officer, firefighter, or emergency medical personnel member is performing a lawful duty, in addition to any other penalties imposed under sections 1023 and 1024 of this title, shall:
(1) For the first offense, be imprisoned not more than one year;
(2) For the second offense and subsequent offenses, be imprisoned not more than 10 years.
(b)(1) No person shall intentionally cause blood, vomitus, excrement, mucus, saliva, semen, or urine to come in contact with a law enforcement officer while the officer is performing a lawful duty.
(2) A person who violates this subsection shall be imprisoned not more than one year or fined not more than $1,000.00, or both. (Added 1973, No. 219 (Adj. Sess.), eff. 30 days from April 3, 1974; amended 1995, No. 146 (Adj. Sess.), § 1; 2007, No. 51, § 18; 2007, No. 198 (Adj. Sess.), § 1.)