North Carolina § 14-34 - 7. Certain assaults on a law enforcement, probation, or parole officer, or on a member of the North Carolina National Guard, or on a person employed at a State or local detention facility; penalty.

§ 14-34. 7. Certain assaults on a law enforcement, probation, or parole officer, or on a member of the North Carolina National Guard, or on a person employed at a State or local detention facility; penalty.

Unless covered under some other provision of law providing greater punishment, a person is guilty of a Class F felony if the person assaults a law enforcement officer, probation officer, or parole officer while the officer is discharging or attempting to discharge his or her official duties and inflicts serious bodily injury on the officer. Unless covered under some other provision of law providing greater punishment, a person is guilty of a Class F felony if the person assaults a member of the North Carolina National Guard while he or she is discharging or attempting to discharge his or her official duties and inflicts serious bodily injury on the member. Unless covered under some other provision of law providing greater punishment, a person is guilty of a Class F felony if the person assaults a person who is employed at a detention facility operated under the jurisdiction of the State or a local government while the employee is in the performance of the employee's duties and inflicts serious bodily injury on the employee. Unless covered under some other provision of law providing greater punishment, a person is guilty of a Class I felony if the person does any of the following: Assaults a law enforcement officer, probation officer, or parole officer while the officer is discharging or attempting to discharge his or her official duties and inflicts physical injury on the officer. Assaults a person who is employed at a detention facility operated under the jurisdiction of the State or a local government while the employee is in the performance of the employee's duties and inflicts physical injury on the employee. Assaults a member of the North Carolina National Guard while he or she is discharging or attempting to discharge his or her official duties and inflicts physical injury on the member. For the purposes of this subsection, "physical injury" includes cuts, scrapes, bruises, or other physical injury which does not constitute serious injury. History (1996, 2nd Ex. Sess., c. 18, s. 20.14B(a); 1997-443, s. 19.25(hh); 2001-487, s. 41; 2011-356, s. 1; 2015-74, s. 1.) Editor's Note. - 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 2015-74, s. 3, made the amendment to this section by Session Laws 2015-74, s. 1, applicable to offenses committed on or after December 1, 2015. Effect of Amendments. - Session Laws 2011-356, s. 1, effective December 1, 2011, and applicable to offenses committed on or after that date, added subsection (c). Session Laws 2015-74, s. 1, effective December 1, 2015, in the section heading, substituted "Certain assaults" for "Assault inflicting serious injury" and inserted "or on a member of the North Carolina National Guard"; added subsection (a1); in subsection (b), substituted "Unless covered under some other provision of law providing greater punishment, a person is guilty of a Class F felony if the person assaults" for "Anyone who assaults," and deleted "is guilty of a Class F felony, unless the person's conduct is covered under some other provision of law providing greater punishment" from the end; substituted "any of the following:" for "either of the following:" in the introductory sentence of subsection (c); and added subdivision (c)(3). For applicability, see editor's note.