§ 39-13-116 — Assault against law enforcement officer, first responder or nurse - "Law enforcement officer", "first responder" and "nurse" defined - Penalties

(a) A person commits assault against a law enforcement officer, first responder, or nurse, who is discharging or attempting to discharge the law enforcement officer's, first responder's, or nurse's official duties, who: (1) Knowingly causes bodily injury to a law enforcement officer, first responder, or nurse; or (2) Knowingly causes physical contact with a law enforcement officer, first responder, or nurse and a reasonable person would regard the contact as extremely offensive or provocative, including, but not limited to, spitting, throwing, or otherwise transferring bodily fluids, bodily pathogens, or human waste onto the person of a law enforcement officer, first responder, or nurse. (b) A person commits aggravated assault against a law enforcement officer, first responder, or nurse, who is discharging or attempting to discharge the law enforcement officer's, first responder's, or nurse's official duties, who knowingly commits an assault under subsection (a), and the assault: (1) Results in serious bodily injury to the law enforcement officer, first responder, or nurse; (2) Results in the death of the law enforcement officer, first responder, or nurse; (3) Involved the use or display of a deadly weapon; or (4) Involved strangulation or attempted strangulation. (c) (1) (A) Assault against a law enforcement officer under subsection (a) is a Class E felony, and shall be punished by a mandatory fine of ten thousand dollars ($10,000) and a mandatory minimum sentence of sixty (60) days incarceration. The defendant is not eligible for release from confinement until the defendant has served the entire sixty-day mandatory minimum sentence. (B) Assault against a first responder or nurse under subsection (a) is a Class A misdemeanor, and shall be punished by a mandatory fine of five thousand dollars ($5,000) and a mandatory minimum sentence of thirty (30) days incarceration. The defendant is not eligible for release from confinement until the defendant has served the entire thirty-day mandatory minimum sentence. (2) Aggravated assault under subsection (b) is a Class C felony, and is punished by a mandatory fine of fifteen thousand dollars ($15,000) and a mandatory minimum sentence of ninety (90) days incarceration. The defendant is not eligible for release from confinement until the defendant has served the entire ninety-day mandatory minimum sentence. (d) For purposes of this section: (1) "First responder" means a firefighter, emergency services personnel, or other person who responds to calls for emergency assistance from a 911 call, but does not include a law enforcement officer; (2) "Law enforcement officer" includes, but is not limited to, a POST-certified law enforcement officer, capitol police officer, Tennessee highway patrol officer, Tennessee bureau of investigation agent, Tennessee wildlife resources agency officer, deputy jailer, or park ranger employed by the division of parks and recreation in the department of environment and conservation; and (3) "Nurse" means a person who is licensed, registered, or certificated under title 63, chapter 7.

Legislative History

Amended by 2024 Tenn. Acts, ch. 976,s 5, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 976,s 4, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 976,s 3, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 976,s 2, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 976,s 1, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 365, s 2, eff. 7/1/2023. Amended by 2021 Tenn. Acts, ch. 458, s 1, eff. 7/1/2021. Added by 2020EX2 Tenn. Acts, ch. 3, s 2, eff. 8/20/2020.