(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 W.Va. Code §§ 18A-5-1 or 18A-5-1a; 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 W.Va. 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 W.Va. Code §§ 18A-5-1 or 18A-5-1a; 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 W.Va. Code §§ 18A-5-1 or 18A-5-1a.
(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.
(W.Va. Code § 61-2-15) (1986 Code, § 529.02) Penalty, see § 136.99