§ 508.025

508.025 Assault in the third degree. (1) A person is guilty of assault in the third degree when the actor: (a) Recklessly, with a deadly weapon or dangerous instrument, or intentionally causes or attempts to cause physical injury to: 1. A state, county, city, or federal peace officer; 2. An emplo yee of a detention facility, or state residential treatment facility or state staff secure facility for residential treatment which provides for the care, treatment, or detention of a juvenile charged with or adjudicated delinquent because of a public offe nse or as a youthful offender; 3. A healthcare provider as defined in KRS 311.821 or other person employed by or under contract with a health clinic, doctor's office, dental office, long -term care facility, hospital, or a hospital -owned or affiliate outpat ient facility, if the event occurs in or on the premises of a health clinic, doctor's office, dental office, long -term care facility, hospital, or a hospital -owned or affiliate outpatient facility; 4. An employee of the Department for Community Based Servi ces employed as a social worker to provide direct client services, if the event occurs while the worker is performing job

tpatient facility; 4. An employee of the Department for Community Based Servi ces employed as a social worker to provide direct client services, if the event occurs while the worker is performing job -related duties; 5. Paid or volunteer emergency medical services personnel certified or licensed pursuant to KRS Chapter 311A, if the e vent occurs while personnel are performing job -related duties; 6. A paid or volunteer member of an organized fire department, if the event occurs while the member is performing job -related duties; 7. Paid or volunteer rescue squad personnel affiliated with the Division of Emergency Management of the Department of Military Affairs or a local disaster and emergency services organization pursuant to KRS Chapter 39F, if the event occurs while personnel are performing job - related duties; 8. A probation and parole officer; 9. A transportation officer appointed by a county fiscal court or legislative body of a consolidated local government, urban -county government, or charter government to transport inmates wh en the county jail or county correctional facility is closed while the transportation officer is performing job -related duties; 10.

-county government, or charter government to transport inmates wh en the county jail or county correctional facility is closed while the transportation officer is performing job -related duties; 10. A public or private elementary or secondary school or school district classified or certified employee, school bus driver, o r other school employee acting in the course and scope of the employee's employment; or 11. A public or private elementary or secondary school or school district volunteer acting in the course and scope of that person's volunteer service for the school or school district; (b) Being a person confined in a detention facility, or a juvenile in a state residential treatment facility or state staff secure facility for residential treatment which provides for the care, treatment, or detention of a juvenile charge d with or adjudicated delinquent because of a public offense or as a youthful offender, inflicts physical injury upon or throws or causes feces, or urine, or other bodily fluid to be thrown upon an employee of the facility; or (c) Intentionally causes a pe rson, whom the actor knows or reasonably should know to be a peace officer discharging official duties,

er bodily fluid to be thrown upon an employee of the facility; or (c) Intentionally causes a pe rson, whom the actor knows or reasonably should know to be a peace officer discharging official duties, to come into contact with saliva, vomit, mucus, blood, seminal fluid, urine, or feces without the consent of the peace officer. (2) (a) For a violation of subsection (1)(a) of this section, assault in the third degree is a Class D felony, unless the offense occurs during a declared emergency as defined by KRS 39A.020 arising from a natural or man -made disaster, within the area covered by the emergency dec laration, and within the area impacted by the disaster, in which case it is a Class C felony. (b) For a violation of subsection (1)(b) of this section, assault in the third degree is a Class D felony. (c) For violations of subsection (1)(c) of this section , assault in the third degree is a Class B misdemeanor, unless the assault is with saliva, vomit, mucus, blood, seminal fluid, urine, or feces from an adult who knows that he or she has a serious communicable disease and competent medical or epidemiologica l evidence demonstrates that the specific type of contact caused by the

ine, or feces from an adult who knows that he or she has a serious communicable disease and competent medical or epidemiologica l evidence demonstrates that the specific type of contact caused by the actor is likely to cause transmission of the disease or condition, in which case it is a Class A misdemeanor. (d) As used in paragraph (c) of this subsection, 'serious communicable dis ease' means a non -airborne disease that is transmitted from person to person and determined to have significant, long -term consequences on the physical health or life activities of the person infected. Effective: July 15, 2024 History: Amended 2024 Ky. Act s ch. 80, sec. 1, effective July 15, 2024. -- Amended 2023 Ky. Acts ch. 109, sec. 4, effective June 29, 2023. -- Amended 2022 Ky. Acts ch. 151, sec. 2, effective July 14, 2022. -- Amended 2018 Ky. Acts ch. 189, sec. 1, effective July 14, 2018. -- Amended 2 005 Ky. Acts ch. 128, sec. 1, effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 208, sec. 1, effective July 15, 2002; and ch. 360, sec. 1, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 14, sec. 56, effective July 14, 2000; ch. 193, sec. 17, eff ective July 14, 2000; and ch. 345, sec.

effective July 15, 2002; and ch. 360, sec. 1, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 14, sec. 56, effective July 14, 2000; ch. 193, sec. 17, eff ective July 14, 2000; and ch. 345, sec. 7, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 345, sec. 1, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 397, sec. 1, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 380, sec. 1, effective Ju ly 13, 1990. -- Created 1982 Ky. Acts ch. 429, sec. 1, effective July 15, 1982. Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts ch. 128, sec. 1, which included an amendment to this statute, provides that the Act shall be known as the 'Bren da D. Cowan Act.'