507.10  INTERFERING WITH HUMANE OFFICER; MALICIOUS ASSAULT; UNLAWFUL ASSAULT; PENALTIES.
   (a)   Any person who hinders, molests, or interferes with the Humane Officer or any other person authorized or empowered to perform any duty under this article is guilty of a misdemeanor, and, upon conviction thereof, shall be fined two hundred fifty dollars ($250.00), may be confined in jail for not less than thirty days or both fined and confined .
   (b)   Any person who maliciously shoots, stabs, cuts or wounds or by any means causes bodily injury with intent to maim, disfigure, disable or kill a Humane Officer acting in his or her official capacity and the person committing the malicious assault knows or has reason to know that the victim is a Humane Officer acting in his or her official capacity, is guilty of a felony and shall be charged as defined in West Virginia Code 61-2-10b.
   (c)   Any person who unlawfully but not maliciously shoots, stabs, cuts or wounds or by any means causes a Humane Officer acting in his or her official capacity, bodily injury with intent to maim, disfigure, disable or kill him or her and the person committing the unlawful assault knows or has reason to know that the victim is a Humane Officer acting in his or her official capacity, is guilty of a felony and shall be charged as defined in West Virginia Code 61-2-10b.
   (d)   Any person who unlawfully, knowingly and intentionally makes physical contact  of an insulting or provoking nature with a Humane Officer in his or her official capacity, or unlawfully and intentionally causes physical harm to a Humane Officer acting in such capacity, is guilty of a misdemeanor and shall be charged as defined in West Virginia Code 61-2-10b.  If any person commits a second such offense, he or she is guilty of a felony and shall be charged as defined in West Virginia Code 61-2-10b.  Any person who commits a third violation of this subsection is guilty of a felony and shall be charged as defined in West Virginia Code 61-2-10b.
   (e)   Any person who unlawfully attempts to commit a violent injury to the person of a Humane Officer acting in his or her official capacity, or unlawfully commits an act which places a Humane Officer acting in his or her official capacity in reasonable apprehension of immediately receiving a violent injury, is guilty of a misdemeanor, and, upon conviction thereof, shall be fined five hundred dollars ($500.00), and may be confined in jail for not less than thirty days, or both fined and confined.
(Ord. 2003-25.  Passed 11-3-03.)