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ARTICLE 529
Offenses Relating to Persons
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   Controlled substances.
529.031   Hypodermic needles.
529.032   Addiction Treatment Centers prohibited.
529.04   Laser light beam.
529.05   Breathing, inhaling, or drinking certain intoxicating compounds.
529.06      Tobacco use-public schools.
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. 521.06
529.01 ASSAULT AND BATTERY.
   (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)
529.02 ASSAULT AND BATTERY ON SCHOOL EMPLOYEES.
   (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 the Board of Education whether employed on a regular full-time basis, an hourly basis or otherwise, if at the time of the commission of any offense provided for in this section, such person is engaged in the performance of his duties or is commuting to or from his place of employment. For the purposes of this section, a "school employee" shall be deemed to include a student teacher.
(WVaC 61-2-15)
529.021 ASSAULT AND BATTERY ON GOVERNMENTAL REPRESENTATIVES, HEALTH CARE PROVIDERS, UTILITY WORKERS, LAW ENFORCEMENT OFFICERS AND EMERGENCY MEDICAL SERVICE PERSONNEL.
   (a)   Definitions. For purposes of this section:
      (1)   "Government representative" means any officer or employee of the state or a political subdivision thereof, or a person under contract with a state agency or political subdivision thereof.
      (2)   "Health care worker" means any nurse, nurse practitioner, physician, physician assistant or technician practicing at, and all persons employed by or under contract to a hospital, county or district health department, long-term care facility, physician's office, clinic or outpatient treatment facility.
      (3)   "Emergency service personnel" means any paid or volunteer firefighter, emergency medical technician, paramedic, or other emergency services personnel employed by or under contract with an emergency medical service provider or a state agency or political subdivision thereof.
      (4)   "Utility worker" means any individual employed by a public utility or electric cooperative or under contract to a public utility, electric cooperative or interstate pipeline.
      (5)   "Law-enforcement officer" has the same definition as this term is defined in West Virginia Code 30-29-1, except for purposes of this section, "law-enforcement officer" shall additionally include those individuals defined as "chief executive" in West Virginia Code 30-29-1.
      (6)   "Correctional employee" means any individual employed by the West Virginia Division of Corrections or the West Virginia Regional Jail Authority.
 
   (b)   Battery. No person shall unlawfully, knowingly and intentionally make physical contact of an insulting or provoking nature with a government representative, health care worker, utility worker, emergency service personnel, correctional employee or law-enforcement officer acting in his or her official capacity and the person committing the battery knows or has reason to know that the victim is acting in his or her official capacity, or unlawfully and intentionally causes physical harm to that person acting in such capacity and the person committing the battery knows or has reason to know that the victim is acting in his or her official capacity. Whoever violates this subsection (b) is guilty of a misdemeanor for a first offense.
 
   (c)   Assault. No person shall unlawfully attempt to commit a violent injury to the person of a government representative, health care worker, utility worker, emergency service personnel, correctional employee or law-enforcement officer, acting in his or her official capacity and the person committing the battery knows or has reason to know that the victim is acting in his or her official capacity, or unlawfully commits an act which places that person acting in his or her official capacity in reasonable apprehension of immediately receiving a violent injury and the person committting the battery knows or has reason to know that the victim is acting in his or her official capacity.
 
   (d)   Any person convicted of any crime set forth in this section who is incarcerated in a facility operated by the West Virginia Division of Corrections or the West Virginia Regional Jail Authority, at the time of committing the offense and whose victim is a correctional employee, may not be sentenced in a manner by which the sentence would run concurrent with any other sentence being served at the time of sentencing, but shall run consecutively to the current sentence.
(WVAC 61-2-10(b))
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