§ 708-3a

708.3A Assaults on persons engaged in certain occupations. 1. A person who commits an assault, as defined in section 708.1, against a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider,employee of the department of health and human services, employee of the department ofrevenue, national guard member engaged in national guard duty or state active duty, civilianemployee of a law enforcement agency, civilian employee of a fire department, or fire fighter,whether paid or volunteer, with the knowledge that the person against whom the assaultis committed is a peace officer, jailer, correctional staff, member or employee of the boardof parole, health care provider, employee of the department of health and human services,employee of the department of revenue, national guard member engaged in national guardduty or state active duty, civilian employee of a law enforcement agency, civilian employeeof a fire department, or fire fighter and with the intent to inflict a serious injury upon thepeace officer, jailer, correctional staff, member or employee of the board of parole, healthcare provider, employee of the department of health and

with the intent to inflict a serious injury upon thepeace officer, jailer, correctional staff, member or employee of the board of parole, healthcare provider, employee of the department of health and human services, employee of thedepartment of revenue, national guard member engaged in national guard duty or state activeduty, civilian employee of a law enforcement agency, civilian employee of a fire department,or fire fighter, is guilty of a class 'D' felony. 2. A person who commits an assault, as defined in section 708.1, against a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider,employee of the department of health and human services, employee of the department ofrevenue, national guard member engaged in national guard duty or state active duty, civilianemployee of a law enforcement agency, civilian employee of a fire department, or fire fighter,whether paid or volunteer, who knows that the person against whom the assault is committedis a peace officer, jailer, correctional staff, member or employee of the board of parole, healthcare provider, employee of the department of health and human services, employee of

ssault is committedis a peace officer, jailer, correctional staff, member or employee of the board of parole, healthcare provider, employee of the department of health and human services, employee of thedepartment of revenue, national guard member engaged in national guard duty or state activeduty, civilian employee of a law enforcement agency, civilian employee of a fire department,or fire fighter and who uses or displays a dangerous weapon in connection with the assault,is guilty of a class 'D' felony. 3. A person who commits an assault, as defined in section 708.1, against a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider,employee of the department of health and human services, employee of the department ofrevenue, national guard member engaged in national guard duty or state active duty, civilianemployee of a law enforcement agency, civilian employee of a fire department, or fire fighter,whether paid or volunteer, who knows that the person against whom the assault is committedis a peace officer, jailer, correctional staff, member or employee of the board of parole, healthcare provider, employee of the department of

nows that the person against whom the assault is committedis a peace officer, jailer, correctional staff, member or employee of the board of parole, healthcare provider, employee of the department of health and human services, employee of thedepartment of revenue, national guard member engaged in national guard duty or state activeduty, civilian employee of a law enforcement agency, civilian employee of a fire department,or fire fighter, and who causes bodily injury or mental illness, is guilty of an aggravatedmisdemeanor. 4. Any other assault, as defined in section 708.1, committed against a peace officer, jailer, correctional staff, member or employee of the board of parole, health care provider,employee of the department of health and human services, employee of the department ofrevenue, national guard member engaged in national guard duty or state active duty, civilianemployee of a law enforcement agency, civilian employee of a fire department, or fire fighter,whether paid or volunteer, by a person who knows that the person against whom the assaultis committed is a peace officer, jailer, correctional staff, member or employee of the boardof parole, health care provider,

r volunteer, by a person who knows that the person against whom the assaultis committed is a peace officer, jailer, correctional staff, member or employee of the boardof parole, health care provider, employee of the department of health and human services,employee of the department of revenue, national guard member engaged in national guardduty or state active duty, civilian employee of a law enforcement agency, civilian employeeof a fire department, or fire fighter, is a serious misdemeanor. 5. As used in this section, the following definitions apply:a. 'Correctional staff' means a person who is not a peace officer but who is employed by the department of corrections or a judicial district department of correctional services to Sat Dec 23 12:28:14 2023 Iowa Code 2024, Section 708.3A (24, 3) §708.3A, ASSAULT 2 work at or in a correctional institution, community-based correctional facility, or an institutionunder the management of the Iowa department of corrections which is used for the purposesof confinement of persons who have committed public offenses. b. 'Employee of the department of health and human services' means a person who is an employee of an institution controlled by

he purposesof confinement of persons who have committed public offenses. b. 'Employee of the department of health and human services' means a person who is an employee of an institution controlled by the director of health and human services that islisted in section 218.1, or who is an employee of the civil commitment unit for sex offendersoperated by the department of health and human services. A person who commits an assaultunder this section against an employee of the department of health and human services ata department of health and human services institution or unit is presumed to know that theperson against whom the assault is committed is an employee of the department of healthand human services. c. 'Employee of the department of revenue' means a person who is employed as an auditor, agent, tax collector, or any contractor or representative acting in the same capacity. Theemployee, contractor, or representative shall maintain current identification indicating thatthe person is an employee, contractor, or representative of the department. d. 'Health care provider' means an emergency medical care provider as defined in chapter 147A or a person licensed or registered under

is an employee, contractor, or representative of the department. d. 'Health care provider' means an emergency medical care provider as defined in chapter 147A or a person licensed or registered under chapter 148, 148C, 148D, or 152who is providing or who is attempting to provide emergency medical services, as definedin section 147A.1, or who is providing or who is attempting to provide health services asdefined in section 10A.711 in a hospital. A person who commits an assault under this sectionagainst a health care provider in a hospital, or at the scene or during out-of-hospital patienttransportation in an ambulance, is presumed to know that the person against whom theassault is committed is a health care provider. e. 'Jailer' means a person who is employed by a county or other political subdivision of the state to work at a county jail or other facility used for purposes of the confinement ofpersons who have committed public offenses, but who is not a peace officer. f. 'National guard' means the same as defined in section 29A.1. g. 'National guard duty' means the same as defined in section 29A.1.h.

have committed public offenses, but who is not a peace officer. f. 'National guard' means the same as defined in section 29A.1. g. 'National guard duty' means the same as defined in section 29A.1.h. 'State active duty' means the same as defined in section 29A.1.95 Acts, ch 90, §3; 96 Acts, ch 1069, §1; 98 Acts, ch 1026, §2; 99 Acts, ch 64, §1; 2004 Acts, ch 1135, §1, 2; 2005 Acts, ch 3, §109; 2005 Acts, ch 140, §69, 70; 2008 Acts, ch 1088, §140;2021 Acts, ch 183, §40, 43; 2022 Acts, ch 1153, §45, 46; 2023 Acts, ch 19, §1300, 1301 Referred to in §719.1Assault on national guard, see also §29A.44Subsections 1, 2, 3, and 4 amendedSubsection 5, paragraph b amended Sat Dec 23 12:28:14 2023 Iowa Code 2024, Section 708.3A (24, 3)