Assault by contamination-2.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0689

HOUSE BILL
NO.
HB0321

Assault by contamination-2.

Sponsored by:
Representative(s) Watt

A BILL

for

AN ACT relating to crimes and offenses; amending the crime of aggravated assault and battery to include intentionally and knowingly propelling a dangerous substance at a peace or corrections officer or employee; providing definitions; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 6
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2
‑
502(a)(iii), (iv), by creating a new paragraph (v) and by creating a new subsection (c) is amended to read:

6
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2
‑
502.

Aggravated assault and battery; penalty.

(a)

A person is guilty of aggravated assault and battery if he:

(iii)

Threatens to use a drawn deadly weapon on another unless reasonably necessary in defense of his person, property or abode or to prevent serious bodily injury to another;
or

(iv)

Intentionally, knowingly or recklessly causes bodily injury to a woman whom he knows is pregnant
;
.
or

(v)

Knowing the other person is a peace officer, detention officer or staff member, intentionally or knowingly:

(A)

Propels any dangerous substance at the peace officer, detention officer or staff member while the peace officer, detention officer or staff member is acting in the course of his official duty, or as a result of the peace officer's, detention officer's or staff member's official duties; or

(B)

Tampers with or alters any item by contaminating the item with any dangerous substance, if the item may be handled or consumed by the peace officer, detention officer or staff member while the peace officer, detention officer or staff member is acting in the course of his official duty, or as a result of the peace officer's, detention officer's or staff member's official duties.

(c)

As used in this section:

(i)

"Dangerous substance" includes, but is not limited to, blood, urine, saliva, semen and feces;

(ii)

"Detention officer" means a person who is employed by a county or municipality on a full-time basis to care for, supervise and control persons detained in a jail or holding facility;

(iii)

"Peace officer" means as defined in W.S. 7
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2
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101;

(iv)

"Staff member" means:

(A)

A corrections officer or other department of corrections or
department of family services staff member, or a person employed pursuant to a contract with the
department of corrections or
department of family services, who works with, or in the vicinity of, inmates or youth offenders; and

(B)

A volunteer authorized by the department of corrections or other entity in charge of a corrections facility to work with, or in the vicinity of, inmates or youth offenders.

Section 2.
This act is effective July 1, 2005.

(END)

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HB0321