§707-712.5  Assault against a law
enforcement officer in the first degree.  (1)  A person commits the offense
of assault against a law enforcement officer in the first degree if the person:



(a) Intentionally or knowingly causes bodily injury
to a law enforcement officer who is engaged in the performance of duty; or



(b) Recklessly or negligently causes, with a
dangerous instrument, bodily injury to a law enforcement officer who is engaged
in the performance of duty.



(2)  Assault of a law enforcement officer in
the first degree is a class C felony.  The court shall, at a minimum, sentence
the person who has been convicted of this offense to:



(a) An indeterminate term of imprisonment of five
years, pursuant to section 706-660; or



(b) Five years probation, with conditions to include
a term of imprisonment of not less than thirty days without possibility of
suspension of sentence. [L 1990, c 192, §1; am L 2003, c 66, §2]



 



Cross References



 



  Definition of law enforcement officer, see §701-118(10).



 



COMMENTARY ON §707-712.5



 



  Act 192, Session Laws 1990, added this section in an attempt
to afford a police officer some additional measure of protection.  The
legislature noted that this measure may not have any deterrent effect because
assaults on police officers usually happen in the heat of the moment.  House
Standing Committee Report No. 1203-90.



 



Case Notes



 



  Statutory references in oral charge did not cure the omission
of essential elements in resisting arrest and assault against a police officer
counts of the charge; supreme court unable to reasonably construe oral charge
as charging assault against a police officer.  77 H. 309, 884 P.2d 372.