2001 Minnesota Statutes

     609.2231 Assault in the fourth degree. 

    Subdivision 1.    Peace officers.  Whoever physically 
 assaults a peace officer licensed under section 626.845, 
 subdivision 1, when that officer is effecting a lawful arrest or 
 executing any other duty imposed by law is guilty of a gross 
 misdemeanor and may be sentenced to imprisonment for not more 
 than one year or to payment of a fine of not more than $3,000, 
 or both.  If the assault inflicts demonstrable bodily harm, the 
 person is guilty of a felony and may be sentenced to 
 imprisonment for not more than three years or to payment of a 
 fine of not more than $6,000, or both. 

    Subd. 2.    Firefighters and emergency medical personnel. 
  Whoever assaults any of the following persons and inflicts 
 demonstrable bodily harm is guilty of a felony and may be 
 sentenced to imprisonment for not more than two years or to 
 payment of a fine of not more than $4,000, or both:  

    (1) a member of a municipal or volunteer fire department or 
 emergency medical services personnel unit in the performance of 
 the member's duties; or 

    (2) a physician, nurse, or other person providing health 
 care services in a hospital emergency department.  

    Subd. 2a.    Certain department of natural resources 
 employees.  Whoever assaults and inflicts demonstrable bodily 
 harm on an employee of the department of natural resources who 
 is engaged in forest fire activities is guilty of a gross 
 misdemeanor. 

    Subd. 3.    Correctional employees.  Whoever commits 
 either of the following acts against an employee of a 
 correctional facility as defined in section 241.021, subdivision 
 1, clause (5), while the employee is engaged in the performance 
 of a duty imposed by law, policy, or rule is guilty of a felony 
 and may be sentenced to imprisonment for not more than two years 
 or to payment of a fine of not more than $4,000, or both: 

    (1) assaults the employee and inflicts demonstrable bodily 
 harm; or 

    (2) intentionally throws or otherwise transfers bodily 
 fluids or feces at or onto the employee. 

    Subd. 4.    Assaults motivated by bias.  (a) Whoever 
 assaults another because of the victim's or another's actual or 
 perceived race, color, religion, sex, sexual orientation, 
 disability as defined in section 363.01, age, or national origin 
 may be sentenced to imprisonment for not more than one year or 
 to payment of a fine of not more than $3,000, or both. 

    (b) Whoever violates the provisions of paragraph (a) within 
 five years of a previous conviction under paragraph (a) is 
 guilty of a felony and may be sentenced to imprisonment for not 
 more than one year and a day or to payment of a fine of not more 
 than $3,000, or both. 

    Subd. 5.    School official.  Whoever assaults a school 
 official while the official is engaged in the performance of the 
 official's duties, and inflicts demonstrable bodily harm, is 
 guilty of a gross misdemeanor.  As used in this subdivision, 
 "school official" includes teachers, school administrators, and 
 other employees of a public or private school. 

    Subd. 6.    Public employees with mandated duties.  A 
 person is guilty of a gross misdemeanor who: 

    (1) assaults an agricultural inspector, occupational safety 
 and health investigator, child protection worker, public health 
 nurse, or probation or parole officer while the employee is 
 engaged in the performance of a duty mandated by law, court 
 order, or ordinance; 

    (2) knows that the victim is a public employee engaged in 
 the performance of the official public duties of the office; and 

    (3) inflicts demonstrable bodily harm. 

    HIST: 1983 c 169 s 1; 1984 c 628 art 3 s 11; 1985 c 185 s 1; 
 1986 c 444; 1987 c 252 s 9; 1989 c 261 s 1; 1989 c 290 art 6 s 
 11; 1991 c 121 s 1; 1991 c 279 s 29; 1992 c 571 art 4 s 8; 1994 
 c 636 art 2 s 21; 1996 c 408 art 3 s 19,20; 1997 c 180 s 5; 1997 
 c 239 art 9 s 36; 2000 c 441 s 1