2019 Minnesota Statutes

609.2231 Next Previous ASSAULT Next Previous IN Next Previous THE Next Previous FOURTH Next Previous DEGREE Next .

Subdivision 1.Peace officers.

(a) As used Previous in Next this subdivision, "peace officer" means a person who is licensed under section 626.845, subdivision 1, and effecting a lawful arrest or executing any other duty imposed by law.

(b) Whoever physically assaults a peace officer is guilty of a gross misdemeanor.

(c) Whoever commits either of Previous the Next following acts against a peace officer 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: (1) physically assaults Previous the Next officer if Previous the Next Previous assault Next inflicts demonstrable bodily harm; or (2) intentionally throws or otherwise transfers bodily fluids or feces at or onto Previous the Next officer.

Subd. 2.Firefighters and emergency medical personnel.

Whoever assaults any of Previous the Next 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 Previous in Next Previous the Next performance of Previous the Next member's duties; or

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

Subd. 2a.Certain Department of Natural Resources employees.

Whoever assaults and inflicts demonstrable bodily harm on an employee of Previous the Next Department of Natural Resources who is engaged Previous in Next forest fire activities is guilty of a gross misdemeanor.

Subd. 3.Correctional employees; prosecuting attorneys; judges; probation officers.

Whoever commits either of Previous the Next following acts against an employee of a correctional facility as defined Previous in Next section 241.021, subdivision 1, paragraph (f), against a prosecuting attorney as defined Previous in Next section 609.221, subdivision 2, paragraph (c), clause (4), against a judge as defined Previous in Next section 609.221, subdivision 2, paragraph (c), clause (5), or against a probation officer or other qualified person employed Previous in Next supervising offenders while Previous the Next person is engaged Previous in Next Previous the Next 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 Previous the Next person and inflicts demonstrable bodily harm; or

(2) intentionally throws or otherwise transfers bodily fluids or feces at or onto Previous the Next person.

Subd. 3a.Secure treatment facility personnel.

(a) As used Previous in Next this subdivision, "secure treatment facility" includes facilities listed Previous in Next sections 253B.02, subdivision 18a, and 253D.02, subdivision 13.

(b) Whoever, while committed under chapter 253D, Minnesota Statutes 2012, section 253B.185, or Minnesota Statutes 1992, section 526.10, commits either of Previous the Next following acts against an employee or other individual who provides care or treatment at a secure treatment facility while Previous the Next person is engaged Previous in Next Previous the Next 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 Previous the Next person and inflicts demonstrable bodily harm; or

(2) intentionally throws or otherwise transfers bodily fluids or feces at or onto Previous the Next person.

(c) Whoever, while committed under section 253B.18, or admitted under Previous the Next provision of section 253B.10, subdivision 1, commits either of Previous the Next following acts against an employee or other individual who supervises and works directly with patients at a secure treatment facility while Previous the Next person is engaged Previous in Next Previous the Next 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 Previous the Next person and inflicts demonstrable bodily harm; or

(2) intentionally throws or otherwise transfers urine, blood, semen, or feces onto Previous the Next person.

(d) Previous The Next court shall commit a person convicted of violating paragraph (b) to Previous the Next custody of Previous the Next commissioner of corrections for not less than one year and one day. Previous The Next court may not, on its own motion or Previous the Next prosecutor's motion, sentence a person without regard to this paragraph. A person convicted and sentenced as required by this paragraph is not eligible for probation, parole, discharge, work release, or supervised release, until that person has served Previous the Next full term of imprisonment as provided by law, notwithstanding Previous the Next provisions of sections 241.26, 242.19, 243.05, 244.04, 609.12, and 609.135.

(e) Notwithstanding Previous the Next statutory maximum sentence provided Previous in Next paragraph (b), when a court sentences a person to Previous the Next custody of Previous the Next commissioner of corrections for a violation of paragraph (b), Previous the Next court shall provide that after Previous the Next person has been released from prison, Previous the Next commissioner shall place Previous the Next person on conditional release for five years. Previous The Next terms of conditional release are governed by sections 244.05 and 609.3455, subdivision 6, 7, or 8; and Minnesota Statutes 2004, section 609.109.

Subd. 4.Assaults motivated by bias.

(a) Whoever assaults another because of Previous the Next victim's or another's actual or perceived race, color, religion, sex, sexual orientation, disability as defined Previous in Next section 363A.03, 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 Previous the Next 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 Previous the Next official is engaged Previous in Next Previous the Next performance of Previous the Next official's duties, and inflicts demonstrable bodily harm, is guilty of a gross misdemeanor. As used Previous in Next 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, animal control officer, or probation or parole officer while Previous the Next employee is engaged Previous in Next Previous the Next performance of a duty mandated by law, court order, or ordinance;

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

(3) inflicts demonstrable bodily harm.

Subd. 7.Community crime prevention group members.

(a) A person is guilty of a gross misdemeanor who:

(1) assaults a community crime prevention group member while Previous the Next member is engaged Previous in Next neighborhood patrol;

(2) should reasonably know that Previous the Next victim is a community crime prevention group member engaged Previous in Next neighborhood patrol; and

(3) inflicts demonstrable bodily harm.

(b) As used Previous in Next this subdivision, "community crime prevention group" means a community group focused on community safety and crime prevention that:

(1) is organized for Previous the Next purpose of discussing community safety and patrolling community neighborhoods for criminal activity;

(2) is designated and trained by Previous the Next local law enforcement agency as a community crime prevention group; or

(3) interacts with local law enforcement regarding community safety issues.

Subd. 8.Vulnerable adults.

(a) As used Previous in Next this subdivision, "vulnerable adult" has Previous the Next meaning given Previous in Next section 609.232, subdivision 11.

(b) Whoever assaults and inflicts demonstrable bodily harm on a vulnerable adult, knowing or having reason to know that Previous the Next person is a vulnerable adult, is guilty of a gross misdemeanor.

Subd. 9.Reserve officer.

A person is guilty of a gross misdemeanor who:

(1) assaults a reserve officer as defined Previous in Next section 626.84, subdivision 1, paragraph (e), who is engaged Previous in Next Previous the Next performance of official public duties at Previous the Next direction of, under Previous the Next control of, or on behalf of a peace officer or supervising law enforcement officer or agency; and

(2) should reasonably know that Previous the Next victim is a reserve officer engaged Previous in Next Previous the Next performance of official public duties of Previous the Next peace officer, or supervising law enforcement officer or agency.

Subd. 10.Utility and postal service employees and contractors.

(a) A person is guilty of a gross misdemeanor who:

(1) assaults an employee or contractor of a utility or Previous the Next United States Postal Service while Previous the Next employee or contractor is engaged Previous in Next Previous the Next performance of Previous the Next employee's or contractor's duties;

(2) should reasonably know that Previous the Next victim is an employee or contractor of a utility or Previous the Next postal service who is:

(i) performing duties of Previous the Next victim's employment; or

(ii) fulfilling Previous the Next victim's contractual obligations; and

(3) inflicts demonstrable bodily harm.

(b) As used Previous in Next this subdivision, "utility" has Previous the Next meaning given it Previous in Next section 609.594, subdivision 1, clause (3).

Subd. 11.Transit operators.

(a) A person is guilty of a gross misdemeanor if (1) Previous the Next person assaults a transit operator, or intentionally throws or otherwise transfers bodily fluids onto a transit operator; and (2) Previous the Next transit operator is acting Previous in Next Previous the Next course of Previous the Next operator's duties and is operating a transit vehicle, aboard a transit vehicle, or otherwise responsible for a transit vehicle. A person convicted under this paragraph 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) For Previous the Next purposes of this subdivision, "transit operator" means a driver or operator of a transit vehicle that is used to provide any of Previous the Next following services:

(1) public transit, as defined Previous in Next section 174.22, subdivision 7;

(2) light rail transit service;

(3) special transportation service under section 473.386, whether provided by Previous the Next Metropolitan Council or by other providers under contract with Previous the council; or

(4) commuter rail service.

History:

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; 1Sp2003 c 2 art 8 s 8; 2004 c 184 s 1,2; 2005 c 136 art 17 s 11; 2006 c 260 art 1 s 15; 2007 c 13 art 3 s 37; 2011 c 28 s 7; 2011 c 85 s 1,2; 2013 c 49 s 22; 2013 c 96 s 2; 2013 c 133 s 1; 2014 c 302 s 3; 2015 c 23 s 1; 2016 c 93 s 1