Assault or threat of violence against child welfare worker -- Penalty.

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  • (1) As used in this section:
    • (a) "Assault" means the same as that term is defined in Section 76-5-102.
    • (b) "Child welfare worker" means an employee of the Division of Child and Family Services created in Section 62A-4a-103.
    • (c) "Threat of violence" means the same as that term is defined in Section 76-5-107.
  • (2) An individual who commits an assault or threat of violence against a child welfare worker is guilty of a class A misdemeanor if:
    • (a) the individual is not:
      • (i) a prisoner or an individual detained under Section 77-7-15; or
      • (ii) a minor in the custody of or receiving services from a division within the Department of Human Services;
    • (b) the individual knew that the victim was a child welfare worker; and
    • (c) the child welfare worker was acting within the scope of the child welfare worker's authority at the time of the assault or threat of violence.
  • (3) An individual who violates this section is guilty of a third degree felony if the individual:
    • (a) causes substantial bodily injury, as defined in Section 76-1-601; and
    • (b) acts intentionally or knowingly.




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