Page:2017 North Dakota Session Laws.pdf/525

Criminal Code CHAPTER 98

SENATE BILL NO. 2300

(Senators Casper, Meyer, Robinson)

(Representatives O'Brien, Vetter, Boe)

AN ACT to amend and reenact section 12.1-17-02 of the North Dakota Century Code, relating to aggravated assault of a peace officer; and to provide a penalty.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

SECTION 1. AMENDMENT. Section 12.1-17-02 of the North Dakota Century Code is amended and reenacted as follows:

12.1-17-02. Aggravated assault.

1. Except as provided in subsection 2, a person is guilty of a class C felony if that person:

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

b. Knowingly causes bodily injury or substantial bodily injury to another human being with a dangerous weapon or other weapon, the possession of which under the circumstances indicates an intent or readiness to inflict serious bodily injury;

c. Causes bodily injury or substantial bodily injury to another human being while attempting to inflict serious bodily injury on any human being; or

d. Fires a firearm or hurls a destructive device at another human being.

2. The person is guilty of a class B felony if the person violates subsection 1 and the victim is under the age of:

a. Is under twelve years of age;

b. Is a peace officer or correctional institution employee acting in an official capacity, which the actor knows to be a fact; or the victim suffers

c. Suffers permanent loss or impairment of the function of a bodily member or organ.

Approved April 3, 2017

Filed April 4, 2017