onecle - legal research

Court Opinions

State Laws

US Code

US Constitution

Aggravated assault - 18 Pa. Cons. Stat. § 2702

Legal Research Home > Pennsylvania Statutes



     § 2702.  Aggravated assault.
        (a)  Offense defined.--A person is guilty of aggravated
     assault if he:
            (1)  attempts to cause serious bodily injury to another,
        or causes such injury intentionally, knowingly or recklessly
        under circumstances manifesting extreme indifference to the
        value of human life;
            (2)  attempts to cause or intentionally, knowingly or
        recklessly causes serious bodily injury to any of the
        officers, agents, employees or other persons enumerated in
        subsection (c) or to an employee of an agency, company or
        other entity engaged in public transportation, while in the
        performance of duty;
            (3)  attempts to cause or intentionally or knowingly
        causes bodily injury to any of the officers, agents,
        employees or other persons enumerated in subsection (c), in
        the performance of duty;
            (4)  attempts to cause or intentionally or knowingly
        causes bodily injury to another with a deadly weapon;
            (5)  attempts to cause or intentionally or knowingly
        causes bodily injury to a teaching staff member, school board
        member or other employee, including a student employee, of
        any elementary or secondary publicly-funded educational
        institution, any elementary or secondary private school
        licensed by the Department of Education or any elementary or
        secondary parochial school while acting in the scope of his
        or her employment or because of his or her employment
        relationship to the school;
            (6)  attempts by physical menace to put any of the
        officers, agents, employees or other persons enumerated in
        subsection (c), while in the performance of duty, in fear of
        imminent serious bodily injury; or
            (7)  uses tear or noxious gas as defined in section
        2708(b) (relating to use of tear or noxious gas in labor
        disputes) or uses an electric or electronic incapacitation
        device against any officer, employee or other person
        enumerated in subsection (c) while acting in the scope of his
        employment.
        (b)  Grading.--Aggravated assault under subsection (a)(1) and
     (2) is a felony of the first degree. Aggravated assault under
     subsection (a)(3), (4), (5), (6) and (7) is a felony of the
     second degree.
        (c)  Officers, employees, etc., enumerated.--The officers,
     agents, employees and other persons referred to in subsection
     (a) shall be as follows:
            (1)  Police officer.
            (2)  Firefighter.
            (3)  County adult probation or parole officer.
            (4)  County juvenile probation or parole officer.
            (5)  An agent of the Pennsylvania Board of Probation and
        Parole.
            (6)  Sheriff.
            (7)  Deputy sheriff.
            (8)  Liquor control enforcement agent.
            (9)  Officer or employee of a correctional institution,
        county jail or prison, juvenile detention center or any other
        facility to which the person has been ordered by the court
        pursuant to a petition alleging delinquency under 42 Pa.C.S.
        Ch. 63 (relating to juvenile matters).
            (10)  Judge of any court in the unified judicial system.
            (11)  The Attorney General.
            (12)  A deputy attorney general.
            (13)  A district attorney.
            (14)  An assistant district attorney.
            (15)  A public defender.
            (16)  An assistant public defender.
            (17)  A Federal law enforcement official.
            (18)  A State law enforcement official.
            (19)  A local law enforcement official.
            (20)  Any person employed to assist or who assists any
        Federal, State or local law enforcement official.
            (21)  Emergency medical services personnel.
            (22)  Parking enforcement officer.
            (23)  A magisterial district judge.
            (24)  A constable.
            (25)  A deputy constable.
            (26)  A psychiatric aide.
            (27)  A teaching staff member, a school board member or
        other employee, including a student employee, of any
        elementary or secondary publicly funded educational
        institution, any elementary or secondary private school
        licensed by the Department of Education or any elementary or
        secondary parochial school while acting in the scope of his
        or her employment or because of his or her employment
        relationship to the school.
            (28)  Governor.
            (29)  Lieutenant Governor.
            (30)  Auditor General.
            (31)  State Treasurer.
            (32)  Member of the General Assembly.
            (33)  An employee of the Department of Environmental
        Protection.
            (34)  An individual engaged in the private detective
        business as defined in section 2(a) and (b) of the act of
        August 21, 1953 (P.L.1273, No.361), known as The Private
        Detective Act of 1953.
            (35)  An employee or agent of a county children and youth
        social service agency or of the legal representative of such
        agency.
            (36)  A public utility employee or an employee of an
        electric cooperative.
        (d)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Electric or electronic incapacitation device."  A portable
     device which is designed or intended by the manufacturer to be
     used, offensively or defensively, to temporarily immobilize or
     incapacitate persons by means of electric pulse or current,
     including devices operated by means of carbon dioxide
     propellant. The term does not include cattle prods, electric
     fences or other electric devices when used in agricultural,
     animal husbandry or food production activities.
        "Emergency medical services personnel."  The term includes,
     but is not limited to, doctors, residents, interns, registered
     nurses, licensed practical nurses, nurse aides, ambulance
     attendants and operators, paramedics, emergency medical
     technicians and members of a hospital security force while
     working within the scope of their employment.
     (Oct. 1, 1980, P.L.689, No.139, eff. 60 days; Oct. 16, 1980,
     P.L.978, No.167, eff. 60 days; Dec. 11, 1986, P.L.1517, No.164,
     eff. 60 days; Feb. 2, 1990, P.L.6, No.4, eff. 60 days; July 6,
     1995, P.L.238, No.27, eff. 60 days; Feb. 23, 1996, P.L.17, No.7,
     eff. 60 days; July 2, 1996, P.L.478, No.75, eff. 60 days; Dec.
     21, 1998, P.L.1245, No.159, eff. 60 days; Nov. 6, 2002,
     P.L.1096, No.132, eff. 60 days; Nov. 29, 2004, P.L.1349, No.173,
     eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)

        2004 Amendments.  Act 173 amended subsec. (c) and Act 207
     amended subsec. (c)(23). Act 207 overlooked the amendment by Act
     173, but the amendments do not conflict in substance and have
     both been given effect in setting forth the text of subsec. (c).
     See sections 28 and 29 of Act 207 in the appendix to this title
     for special provisions relating to applicability and
     construction of law.
        Cross References.  Section 2702 is referred to in sections
     2703, 2709.1, 2711, 5708, 6105 of this title; sections 2511,
     5303, 6344, 6711 of Title 23 (Domestic Relations); sections
     5551, 5552, 6302, 6307, 6308, 6336, 6355, 9714, 9717, 9718,
     9719, 9802 of Title 42 (Judiciary and Judicial Procedure);
     section 702 of Title 54 (Names).
Section:  Previous  2604  2605  2606  2607  2608  2609  2701  2702  2703  2704  2705  2706  2707  2708  2709  Next

Speak with a Lawyer in Pennsylvania

Last modified: November 27, 2007