12.1-17-01. Simple assault

12.1-17-01. Simple assault

1. A person is guilty of an offense if that person:

a. Willfully causes bodily injury to another human being; or

b. Negligently causes bodily injury to another human being by means of a firearm,

destructive device, or other weapon, the use of which against a human being is

likely to cause death or serious bodily injury.

2. The offense is:

a. A class C felony when the victim is a peace officer or correctional institution

employee acting in an official capacity, which the actor knows to be a fact; an

employee of the state hospital acting in the course and scope of employment,

which the actor knows to be a fact, and the actor is an individual committed to or

detained at the state hospital pursuant to chapter 25-03.3; a person engaged in a

judicial proceeding; or a member of a municipal or volunteer fire department or

emergency medical services personnel unit, or emergency department worker or

hospital worker, engaged in essential patient care, in the performance of the

member's duties.

b. A class B misdemeanor except as provided in subdivision a.