Section 575.153

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 575

Effective - 28 Aug 2014, 2 histories, see footnote   (history) 

  *575.153.  Until December 31, 2016 — Crime of disarming a peace officer or correctional officer — violation, penalty. — 1.  A person commits the crime of disarming a peace officer, as defined in section 590.010, or a correctional officer if such person intentionally:

  (1)  Removes a firearm, deadly weapon, or less-lethal weapon, to include and including any blunt impact, chemical or conducted energy devices, used in the performance of his or her official duties from the person of a peace officer or correctional officer while such officer is acting within the scope of his or her official duties; or

  (2)  Deprives a peace officer or correctional officer of such officer's use of a firearm, deadly weapon, or any other equipment described in subdivision (1) of this subsection while the officer is acting within the scope of his or her official duties.

  2.  The provisions of this section shall not apply when:

  (1)  The defendant does not know or could not reasonably have known that the person he or she disarmed was a peace officer or correctional officer; or

  (2)  The peace officer or correctional officer was engaged in an incident involving felonious conduct by the peace officer or correctional officer at the time the defendant disarmed such officer.

  3.  Disarming a peace officer or correctional officer is a class C felony.

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(L. 2009 H.B. 62, A.L. 2014 H.B. 1231 merged with S.B. 656)

Effective 8-28-14 (H.B. 1231); 10-10-14 (S.B. 656), see § 21.250.

*S.B. 656 was vetoed July 14, 2014.  The veto was overridden on September 10, 2014.

*This section was amended by H.B. 1231, S.B. 491, and S.B. 656, 2014. Due to S.B. 491's delayed effective date of 1-01-17, both versions of this section are printed here.