(A) A person commits an assault when, without justification, the person does any of the following:
(1) Any act which is intended to cause pain or injury to or which is intended to result in physical contact which will be insulting or offensive to another, coupled with the apparent ability to execute the act;
(2) Any act that is intended to place another in fear of immediate physical contact that will be painful, injurious, insulting or offensive, coupled with the apparent ability to execute the act; and/or
(3) Intentionally points any firearm toward another or displays in a threatening manner any dangerous weapon toward another.
(B) Where the person doing any of the acts enumerated in division (A) above and such other person are voluntary participants in a sport, social or other activity and does not create an unreasonable risk of serious injury or breach of the peace, the act shall not be an assault.
(C) Where the person doing any of the acts enumerated in division (A) above is employed by a school district or accredited non-public school or is an area education agency staff member who provides services to a school or school district and intervenes in a fight or physical struggle or other disruptive situation that takes place in the presence of the employee or staff member performing employment duties in a school building, on school grounds or at an official school function regardless of the location, the act shall not be an assault, whether the fight or physical struggle or other disruptive situation is between students or other individuals, if the degree and the force of the intervention is reasonably necessary to restore order and to protect the safety of those assembled.
(2013 Code, § 21-25) (Ord. 75, passed 8-14-1950) Penalty, see § 130.999
Statutory reference:
Similar provisions, see I.C.A. § 708.1