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§ 2702. Aggravated assault

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 18 Pa.C.S.A. Crimes and OffensesEffective: January 1, 2014

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses (Refs & Annos)
Article B. Offenses Involving Danger to the Person (Refs & Annos)
Chapter 27. Assault (Refs & Annos)
Effective: January 1, 2014
18 Pa.C.S.A. § 2702
§ 2702. Aggravated assault
(a) Offense defined.--A person is guilty of aggravated assault if he:
(1) attempts to cause serious bodily injury to another, or causes such injury intentionally, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life;
(2) attempts to cause or intentionally, knowingly or recklessly causes serious bodily injury to any of the officers, agents, employees or other persons enumerated in subsection (c) or to an employee of an agency, company or other entity engaged in public transportation, while in the performance of duty;
(3) attempts to cause or intentionally or knowingly causes bodily injury to any of the officers, agents, employees or other persons enumerated in subsection (c), in the performance of duty;
(4) attempts to cause or intentionally or knowingly causes bodily injury to another with a deadly weapon;
(5) attempts to cause or intentionally or knowingly causes bodily injury to a teaching staff member, school board member or other employee, including a student employee, of any elementary or secondary publicly-funded educational institution, any elementary or secondary private school licensed by the Department of Education or any elementary or secondary parochial school while acting in the scope of his or her employment or because of his or her employment relationship to the school;
(6) attempts by physical menace to put any of the officers, agents, employees or other persons enumerated in subsection (c), while in the performance of duty, in fear of imminent serious bodily injury;
(7) uses tear or noxious gas as defined in section 2708(b) (relating to use of tear or noxious gas in labor disputes) or uses an electric or electronic incapacitation device against any officer, employee or other person enumerated in subsection (c) while acting in the scope of his employment;
(8) attempts to cause or intentionally, knowingly or recklessly causes bodily injury to a child less than six years of age, by a person 18 years of age or older; or
(9) attempts to cause or intentionally, knowingly or recklessly causes serious bodily injury to a child less than 13 years of age, by a person 18 years of age or older.
(b) Grading.--Aggravated assault under subsection (a)(1), (2) and (9) is a felony of the first degree. Aggravated assault under subsection (a)(3), (4), (5), (6), (7) and (8) is a felony of the second degree.
(c) Officers, employees, etc., enumerated.--The officers, agents, employees and other persons referred to in subsection (a) shall be as follows:
(1) Police officer.
(2) Firefighter.
(3) County adult probation or parole officer.
(4) County juvenile probation or parole officer.
(5) An agent of the Pennsylvania Board of Probation and Parole.
(6) Sheriff.
(7) Deputy sheriff.
(8) Liquor control enforcement agent.
(9) Officer or employee of a correctional institution, county jail or prison, juvenile detention center or any other facility to which the person has been ordered by the court pursuant to a petition alleging delinquency under 42 Pa.C.S. Ch. 63 (relating to juvenile matters).
(10) Judge of any court in the unified judicial system.
(11) The Attorney General.
(12) A deputy attorney general.
(13) A district attorney.
(14) An assistant district attorney.
(15) A public defender.
(16) An assistant public defender.
(17) A Federal law enforcement official.
(18) A State law enforcement official.
(19) A local law enforcement official.
(20) Any person employed to assist or who assists any Federal, State or local law enforcement official.
(21) Emergency medical services personnel.
(22) Parking enforcement officer.
(23) A magisterial district judge.
(24) A constable.
(25) A deputy constable.
(26) A psychiatric aide.
(27) A teaching staff member, a school board member or other employee, including a student employee, of any elementary or secondary publicly funded educational institution, any elementary or secondary private school licensed by the Department of Education or any elementary or secondary parochial school while acting in the scope of his or her employment or because of his or her employment relationship to the school.
(28) Governor.
(29) Lieutenant Governor.
(30) Auditor General.
(31) State Treasurer.
(32) Member of the General Assembly.
(33) An employee of the Department of Environmental Protection.
(34) An individual engaged in the private detective business as defined in section 2(a) and (b) of the act of August 21, 1953 (P.L. 1273, No. 361),1 known as The Private Detective Act of 1953.
(35) An employee or agent of a county children and youth social service agency or of the legal representative of such agency.
(36) A public utility employee or an employee of an electric cooperative.
(37) A wildlife conservation officer or deputy wildlife conservation officer of the Pennsylvania Game Commission.
(38) A waterways conservation officer or deputy waterways conservation officer of the Pennsylvania Fish and Boat Commission.
(d) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
“Electric or electronic incapacitation device.” A portable device which is designed or intended by the manufacturer to be used, offensively or defensively, to temporarily immobilize or incapacitate persons by means of electric pulse or current, including devices operated by means of carbon dioxide propellant. The term does not include cattle prods, electric fences or other electric devices when used in agricultural, animal husbandry or food production activities.
“Emergency medical services personnel.” The term includes, but is not limited to, doctors, residents, interns, registered nurses, licensed practical nurses, nurse aides, ambulance attendants and operators, paramedics, emergency medical technicians and members of a hospital security force while working within the scope of their employment.

Credits

1972, Dec. 6, P.L. 1482, No. 334, § 1, effective June 6, 1973. Amended 1980, Oct. 1, P.L. 689, No. 139, § 1, effective in 60 days; 1980, Oct. 16, P.L. 978, No. 167, § 2, effective in 60 days; 1986, Dec. 11, P.L. 1517, No. 164, § 1, effective in 60 days; 1990, Feb. 2, P.L. 6, No. 4, § 1, effective in 60 days; 1995, July 6, P.L. 238, No. 27, § 1, effective in 60 days; 1996, Feb. 23, P.L. 17, No. 7, § 1, effective in 60 days; 1996, July 2, P.L. 478, No. 75, § 1, effective in 60 days; 1998, Dec. 21, P.L. 1245, No. 159, § 1, effective in 60 days; 2002, Nov. 6, P.L. 1096, No. 132, § 3, effective in 60 days; 2004, Nov. 29, P.L. 1349, No. 173, § 1, effective in 60 days [Jan. 28, 2005]; 2004, Nov. 30, P.L. 1618, No. 207, § 4, effective in 60 days [Jan. 31, 2005]; 2012, Oct. 24, P.L. 1205, No. 150, § 1, effective in 60 days [Dec. 24, 2012]; 2013, Dec. 18, P.L. 1198, No. 118, § 2, effective Jan. 1, 2014.
JT. ST. GOVT. COMM. COMMENT--1967
Derived from Section 211.1 of the Model Penal Code and Section 314.1 of The Penal Code of 1939 [18 P.S. § 4314.1 (Supp.) ]. Said code defines aggravated assault and battery, Section 709 (18 P.S. § 4709); assault with intent to kill, Section 710 (18 P.S. § 4710); assault by prisoner, Section 710.1 (18 P.S. § 4710.1); assault by life prisoner, Section 710.2 (18 P.S. § 4710.2); assault with intent to maim, Section 712 (18 P.S. § 4712); etc.
The new Code clarifies existing law by establishing a statutory definition of all forms of assault and battery, and also consolidates existing sections in order to eliminate unnecessary duplication. Further, penalties for most types of assault, including those on peace officers, are increased.
Penalty: Increased from 3 to 5 years to 10 years.
HISTORICAL AND STATUTORY NOTES
Act 2012-150 legislation
Act 2012-150, § 1, added subsecs. (c)(37) and (38).
Act 2013-118 legislation
Act 2013-118, § 2, added subsecs. (a)(8) and (9); and in subsec. (b), substituted “subsection (a)(1), (2) and (9)” for “subsection (a)(1) and (2)” and “subsection (a)(3), (4), (5), (6), (7) and (8)” for “subsection (a)(3), (4), (5), (6) and (7)”.
Uniform Law:
This section is similar to § 211.1(2) of the Model Penal Code. See Uniform Laws Annotated, Master Edition, or Uniform Laws Annotated on Westlaw.
Prior Laws:
1939, June 24, P.L. 872, §§ 314.1, 709, 710, 712 to 715, 717, 722, 723.1, 728.1 (18 P.S. §§ 4314.1, 4709, 4710, 4712 to 4715, 4717, 4722, 4723.1, 4728.1).
1963, July 11, P.L. 234, § 2.
1966, Spec.Sess. No. 3, May 12, P.L. 84, § 1.
1968, Jan. 18, P.L. (1967) 967, § 1.
1968, July 20, P.L. 453, No. 212, § 2.

Footnotes

22 P.S. § 12.
18 Pa.C.S.A. § 2702, PA ST 18 Pa.C.S.A. § 2702
Current through 2018 Regular Session Acts 1 to 87, 89 to 94, 97, 105, 107, 108, 111, 115, 124, 128, 131 to 133, 145, 153, 156, 158, 159, 161, 163 and 164
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