Assault and Battery on Certain Personnel

What is Assault and Battery on Certain Personnel? 

Assault and Battery in a certain personnel means committing an assault and/or battery crime against or upon a 

  • Justice
  • Judge
  • Magistrate
  • Prosecuting attorney
  • Public defender
  • Peace officer
  • Bailiff
  • Marshal
  • Sheriff
  • Police officer
  • Peace officer standards and training employee involved in peace officer de-certification activities
  • Emergency services dispatcher
  • Correctional officer
  • Employee of the department of correction
  • Employee of a private prison contractor while employed at a private correctional facility in the state of Idaho
  • Employees of the department of water resources
  • Jailer
  • Parole officer
  • Misdemeanor probation officer
  • Officer of the Idaho State Police
  • Fireman
  • Social caseworkers or social work specialists of the department of health and welfare
  • Employee of a state secure confinement facility for juveniles
  • Employee of a juvenile detention facility
  • A teacher at a detention facility or a juvenile probation officer
  • Emergency medical services personnel member
  • Employee or agent of the state tax commission
  • United States Marshall
  • Or federally commissioned law enforcement officer or their deputies or agents and the perpetrator knows or has reason to know of the victim's status

What are the Punishments for this crime?

For committing battery with intent to commit a serious felony the punishment shall be imprisonment in the state prison not to exceed twenty-five (25) years.

For committing any other crime in the assault and battery code the punishment shall be doubled that provided in the respective section, except as provided below.

Punishments for Assault and Battery against Judge, Magistrates, Jail Employee's and Juvenile Detention Facility Employee's - 

For committing an assault or battery against the person of a former or present

  • Justice
  • Judge
  • Magistrate
  • Jailer or correctional officer or other staff of the department of correction, or of a county jail, or of a private correctional facility, or of an employee of a state secure confinement facility for juveniles,
  • Employee of a juvenile detention facility,
  • A teacher at a detention facility
  • Misdemeanor probation officer or a juvenile probation officer:

For reasons such as, 

  • because of the exercise of official duties or because of the victim's former or present official status; or
  • While the victim is engaged in the performance of his duties and the person committing the offense knows or reasonably should know that such victim is a justice, judge or magistrate, jailer or correctional officer or other staff of the department of correction, or of a private correctional facility, an employee of a state secure confinement facility for juveniles, an employee of a juvenile detention facility, a teacher at a detention facility, misdemeanor probation officer or a juvenile probation officer

The offense of this crime shall be a felony punishable by imprisonment in a correctional facility for a period of not more than five (5) years, and said sentence shall be served consecutively to any sentence being currently served.

For committing a battery, except unlawful touching as described in section 18-903(b), Idaho Code, against the person of a former or present peace officer, sheriff or police officer for reasons such as,

  • because of the exercise of official duty or because of the victim's former or present official status; or
  • while the victim is engaged in the performance of his duties and the person committing the offense knows or reasonably should know that such victim is a peace officer, sheriff or police officer;

The offense of this crime shall be a felony punishable by imprisonment in a correctional facility for a period of not more than five (5) years, and said sentence shall be served consecutively to any sentence being currently served.

See: Idaho Code §18-91

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The information on this website is for general information purposes only. Every case is different, nothing on this site should be taken as legal advice for any specific case. Viewing the information contained on this site does not constitute an attorney-client relationship.

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