Assaulting a Peace Officer

Effective April 25, 2000, it is a gross misdemeanor offense to physically assault a peace officer effecting a lawful arrest or executing any other duty imposed by law, even if the assault does not inflict demonstrable bodily harm. If the assault does inflict demonstrable bodily harm, it remains a felony offense with a new increased statutory penalty of up to 3 years in prison, a $6,000 fine, or both.

Minn. Stat. '609.2231, subdivision 1, has been amended to read:

Under the new law, the perpetrator must physically assault the peace officer. Meaning, even though the definition of Aassault@ under Minn. Stat. '609.02, subd. 10(1) specifically includes Aan act done with intent to cause fear in another of immediate bodily harm or death@, the act committed in

violation '609.2231, subd. 1 must be Athe intentional infliction of or attempt to inflict bodily harm upon another@ found under subd. 10(2) of '609.02.

If the physical assault inflicts demonstrable bodily harm, the offense is a felony. ADemonstrable bodily harm@ is bodily harm capable of being perceived by a person other than the victim. Injuries that can be photographed, x-rayed, or observed by another fall within this definition.

Escape From Lawful Arrest

Also effective April 25, 2000, an escape can occur when a suspect is being held pursuant to a lawful arrest. Escape from Custody, Minn. Stat. '609.485, subd.2(1) has been amended to read:

'609.485, subdivision 4 sets forth the penalties for an escape. This subdivision provides that a felony escape charge would issue if the suspect was held pursuant to a felony arrest. A gross misdemeanor escape charge would issue if the suspect was being held pursuant to a gross misdemeanor or misdemeanor arrest or the suspect was being held on an allegation or adjudication of a delinquent act.