(a) Battery to a Police Officer. If any person unlawfully and intentionally makes physical contact of an insulting or provoking nature with a police officer acting in his or her official capacity, or unlawfully and intentionally causes physical harm to a police officer acting in his or her official capacity, said person shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined no less than the minimum fine provided herein. If any person commits a second such offense, then such person shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined no less than the maximum fine provided herein. Any person who commits a third violation of this section is guilty of a felony, and upon conviction, shall be confined in jail for a period of not less than one year nor more than five years or fined not more than one thousand dollars ($1,000) or both.
(b) Assault to a Police Officer. If any person unlawfully attempts to commit a violent injury to the person of a police officer acting in his or her official capacity, or unlawfully commits an act which places a police officer acting in his or her official capacity in reasonable apprehension of immediately receiving a violent injury, said person shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined no less than the minimum fine provided herein. If any person commits a second such offense, then such person shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined no less than the maximum fine provided herein. Any person who commits a third violation of this section is guilty of a felony, and upon conviction, shall be confined in jail for a period of not less than one year nor more than five years or fined not more than one thousand dollars ($1,000) or both.
(c) Police Officer Defined. As used in this section, a police officer means any officer employed by the state, county or municipality who is responsible for the prevention or detection of crime and the enforcement of the penal, traffic, highway or other laws of the state, county or municipality.
(d) Penalties. Whoever violates any provision of this section, shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than thirty days, or both. Each day such violation continues shall constitute a separate offense.
(Passed 3-4-96.)