529.01 Assault and battery.
529.02 Assault and battery on school employees.
529.021 Assault and battery on governmental representatives, health care providers, utility workers, law enforcement officers and emergency medical service personnel.
529.03 Wearing masks, hoods or face coverings.
529.99 Penalty.
CROSS REFERENCES
Uniform Controlled Substances Act - see W. Va. Code Ch. 60A
State law provisions - see W. Va. Code Art. 61-2
Harassing telephone calls - see GEN. OFF. 517.06
Intoxication or drinking in public places - see GEN. OFF. 521.05
(a) Assault. No person shall unlawfully attempt to commit a violent injury to the person of another or unlawfully commit an act that places another in reasonable apprehension of immediately receiving a violent injury.
(b) Battery. No person shall unlawfully and intentionally make physical contact of an insulting or provoking nature to the person of another or unlawfully and intentionally cause physical harm to another person. (WVaC 61-2-9)
(a) No person shall commit an assault:
(1) By unlawfully attempting to commit a violent injury to the person of a school employee while he or she is engaged in the performance of his or her duties, is commuting to or from his or her place of employment or if the motive for the assault is retaliation for some action taken by the employee to supervise or discipline one or more pupils pursuant to West Virginia Code 18A-5-1 or 1a; or
(2) By unlawfully committing an act which places a school employee in reasonable apprehension of immediately receiving a violent injury while the employee is engaged in the performance of his or her duties, is commuting to or from his or her place of employment or if the motive for the assault is retaliation for some action taken by the employee to supervise or discipline one or more pupils pursuant to West Virginia Code 18A-5-1 or 1a.
(b) No person shall commit a battery:
(1) By unlawfully and intentionally making physical contact of an insulting or provoking nature with the person of a school employee while he or she is engaged in the performance of his or her duties, is commuting to or from his or her place of employment or if the motive for the battery is retaliation for some action taken by the employee to supervise or discipline one or more pupils pursuant to West Virginia Code 18A-5-1 or 1a; or
(2) By unlawfully and intentionally causing physical harm to a school employee while he or she is engaged in the performance of his or her duties, is commuting to or from his or her place of employment or if the motive for the battery is retaliation for some action taken by the employee to supervise or discipline one or more pupils pursuant to West Virginia Code 18A-5-1 or 1a.
(c) For the purposes of this section, “school employee” means a person employed by a county board of education whether employed on a regular full-time basis, an hourly basis or otherwise. For the purposes of this section, a “school employee” includes a student teacher. (WVaC 61-2-15)
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