[§707-712.7]  Assault against an emergency
worker.  (1)  A person commits the offense of assault against an emergency
worker if the person, during the time of a civil defense emergency proclaimed
by the governor pursuant to chapter 128, within the area covered by the civil
defense emergency or during the period of disaster relief under chapter 127:



(a) Intentionally, knowingly, or recklessly causes
serious or substantial bodily injury to an emergency worker; or



(b) Intentionally, knowingly, or recklessly causes
bodily injury to an emergency worker with a dangerous instrument.



(2)  Assault against an emergency worker is a
class B felony. [L 2006, c 116, §2]



 



COMMENTARY ON §707-712.7



 



  Act 116, Session Laws 2006, added this section, which
classifies assault on an emergency worker, causing substantial bodily injury or
with a dangerous weapon, as a class B felony.  Act 116 penalized the commission
of certain crimes during a time of a civil defense emergency proclaimed by the
governor or during a period of disaster relief.  The legislature found that
Hurricanes Katrina and Rita created situations that highlighted the prevalence
of opportunistic crimes that can occur during these times.  When resources are
needed to restore law and order, emergency response aid to victims may be
hampered or delayed, leaving victims at an increased risk of bodily injury or
death.  Stronger measures to control law and order may deter looting and other
crimes.  House Standing Committee Report No. 757-06, Senate Standing Committee
Report No. 3302, Conference Committee Report No. 64-06.