Section 565.081

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 565

Effective - 28 Aug 2009, 5 histories, see footnote   (history) 

  565.081.  Assault of a law enforcement officer, corrections officer, emergency personnel, highway worker, or probation and parole officer in the first degree, definition, penalty. — 1. A person commits the crime of assault of a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, or probation and parole officer in the first degree if such person attempts to kill or knowingly causes or attempts to cause serious physical injury to a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, or probation and parole officer.

  2. As used in this section, "emergency personnel" means any paid or volunteer firefighter, emergency room or trauma center personnel, or emergency medical technician as defined in subdivisions (15), (16), (17), and (18) of section 190.100.

  3. As used in this section the term "corrections officer" includes any jailer or corrections officer of the state or any political subdivision of the state.

  4. When used in this section, the terms "highway worker", "construction zone", or "work zone" shall have the same meaning as such terms are defined in section 304.580.

  5. Assault of a law enforcement officer, corrections officer, emergency personnel, highway worker in a construction zone or work zone, or probation and parole officer in the first degree is a class A felony.

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(L. 1989 S.B. 215 & 58, A.L. 2003 S.B. 5, A.L. 2005 H.B. 353, A.L. 2009 H.B. 62 merged with H.B. 683)

(2001) Definition of “law enforcement officer” does not require State to prove that the officer was acting within his or her legal authority. State v. Summers, 43 S.W.3d 323 (Mo.App.W.D.).