North Carolina § 14-34 - 6. Assault or affray on a firefighter, an emergency medical technician, medical responder, and hospital personnel.

§ 14-34. 6. Assault or affray on a firefighter, an emergency medical technician, medical responder, and hospital personnel.

A person is guilty of a Class I felony if the person commits an assault or affray causing physical injury on any of the following persons who are discharging or attempting to discharge their official duties: An emergency medical technician or other emergency health care provider. A medical responder. Hospital personnel and licensed healthcare providers who are providing or attempting to provide health care services to a patient. Repealed by Session Laws 2011-356, s. 2, effective December 1, 2011, and applicable to offenses committed on or after that date. A firefighter. Hospital security personnel. Unless a person's conduct is covered under some other provision of law providing greater punishment, a person is guilty of a Class G felony if the person violates subsection (a) of this section and (i) inflicts serious bodily injury or (ii) uses a deadly weapon other than a firearm. Unless a person's conduct is covered under some other provision of law providing greater punishment, a person is guilty of a Class E felony if the person violates subsection (a) of this section and uses a firearm. History (1995, c. 507, s. 19.6(a); 1996, 2nd Ex. Sess., c. 18, s. 20.14B(b); 1997-9, s. 2; 1997-443, s. 11A.129A; 1998-217, s. 1; 2011-356, s. 2; 2015-97, s. 1; 2017-57, s. 16B.3(a); 2019-228, s. 1(b).) Editor's Note. - The number of this section was assigned by the Revisor of Statutes, the number in Session Laws 1995, c. 507, s. 19.6(a) having been 14-34.5. Session Laws 2011-356, s. 4, provides: "This act becomes effective December 1, 2011, and applies to offenses committed on or after that date. Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions." Session Laws 2015-97, s. 2, made the rewriting of subdivision (a)(3) by Session Laws 2015-97, s. 1, applicable to offenses committed on or after December 1, 2015. Session Laws 2017-57, s. 16B.3(b), made subdivision (a)(6), as added by Session Laws 2017-57, s. 16B.3(a), effective December 1, 2017, and applicable to offenses committed on or after that date. Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.6, is a severability clause. Session Laws 2019-228, s. 1(c), made the amendment of this section by Session Laws 2019-228, s. 1(b), effective December 1, 2019, and applicable to offenses committed on or after that date. Prosecutions for offenses committed before the effective date of this section are not abated or affected by this act, and the statutes that would be applicable but for this section remain applicable to those prosecutions. Effect of Amendments. - Session Laws 2011-356, s. 2, effective December 1, 2011, and applicable to offenses committed on or after that date, in the section catchline, substituted "and emergency department personnel" for "emergency department nurse, or emergency department physician"; in the introductory paragraph of subsection (a), substituted "Class I felony" for "Class A1 misdemeanor" and inserted "causing physical injury"; in subdivision (a)(1), added "or other emergency health care provider"; rewrote subdivision (a)(3), which formerly read: "An emergency department nurse"; deleted subdivision (a)(4), which read: "An emergency department physician"; and in subsection (b), substituted "Class H felony" for "Class I felony." Session Laws 2015-97, s. 1, effective December 1, 2015, rewrote subdivision (a)(3), which read: "The following emergency department personnel: physicians, physicians assistants, nurses, and licensed nurse practitioners." For applicability, see editor's note. Session Laws 2017-57, s. 16B.3(a), added subdivision (a)(6). For effective date and applicability, see editor's note. Session Laws 2019-228, s. 1(b), deleted "in a hospital" following "patient" at the end of subdivision (a)(3); substituted "Class G felony" for "Class H felony" in subsection (b); and substituted "Class E felony" for "Class F felony" in subsection (c). For effective date and applicability, see editor's note.