26.13.070 Simple Assault

(a) A person is guilty of an offense if that person:

(1) Willfully causes bodily injury to another human being; or

(2) 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.

(b) The offense is:

(1) A Class Four (4) Offense 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 a health care facility 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 a health care facility; 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 in the performance of the member's duties.

(2) A Class Two (2) Offense, except as provided in subdivision (1).

(c) As used in this section:

(1) "health care facility" means an office or institution providing health care services or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including a hospital; clinic; ambulatory surgery center; outpatient care facility; weight control clinic; nursing home; basic care or assisted living facility; laboratory; or office of any medical licensed professional per any state of the United States, or any individual who is included within a specialty and subspecialty of those fields. The term includes a waiting room, hallway, private room, semiprivate room, ward, and any mobile or temporary facility.