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2007 Minnesota Statutes

This is a historical version of this statute section. Also view the most recent published version.

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 or the person intentionally throws or otherwise transfers bodily
fluids or feces at or onto the officer, 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; probation officers. Whoever commits either of the
following acts against an employee of a correctional facility as defined in section 241.021,
subdivision 1
, paragraph (f), or against a probation officer or other qualified person employed in
supervising offenders while the employee, officer, or person 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. 3a. Secure treatment facility personnel. (a) As used in this subdivision, "secure
treatment facility" has the meaning given in section 253B.02, subdivision 18a.
(b) Whoever, while committed under section 253B.185 or Minnesota Statutes 1992, section
526.10, commits either of the following acts against an employee or other individual who provides
care or treatment at a secure treatment facility while the person 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 person and inflicts demonstrable bodily harm; or
(2) intentionally throws or otherwise transfers bodily fluids or feces at or onto the person.
(c) The court shall commit a person convicted of violating paragraph (b) to the custody of
the commissioner of corrections for not less than one year and one day. The court may not, on
its own motion or the 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 the full term
of imprisonment as provided by law, notwithstanding the provisions of sections 241.26, 242.19,
243.05, 244.04, 609.12, and 609.135.
(d) Notwithstanding the statutory maximum sentence provided in paragraph (b), when
a court sentences a person to the custody of the commissioner of corrections for a violation of
paragraph (b), the court shall provide that after the person has completed the sentence imposed,
the commissioner shall place the person on conditional release for five years. The 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 the victim's
or another's actual or perceived race, color, religion, sex, sexual orientation, disability as defined
in 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 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, animal control officer, 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.
    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 the member is engaged in
neighborhood patrol;
(2) should reasonably know that the victim is a community crime prevention group member
engaged in neighborhood patrol; and
(3) inflicts demonstrable bodily harm.
(b) As used in this subdivision, "community crime prevention group" means a community
group focused on community safety and crime prevention that:
(1) is organized for the purpose of discussing community safety and patrolling community
neighborhoods for criminal activity;
(2) is designated and trained by the local law enforcement agency as a community crime
prevention group; or
(3) interacts with local law enforcement regarding community safety issues.
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

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