Aggravated assault - 18 Pa. Cons. Stat. § 2702
§ 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).
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Last modified: November 27, 2007