642:9 Assaults By Prisoners
Last revised 1985 § Leave a Comment
I. Any person held in official custody who commits an assault under RSA 631 is guilty of an offense under this section.
II. An inmate is guilty of aggravated assault on a corrections staff member when, with intent to harass, threaten, or alarm a person whom the inmate knows or reasonably should know to be an employee of such facility, or an employee of the department of corrections, or an employee of any law enforcement agency, the inmate causes or attempts to cause such employee to come in contact with blood, seminal fluid, urine, or feces by throwing or expelling such fluid or material.
III. For the purposes of this section:
- (a) “Official custody” means custody in a penal institution or other confinement by an order of a court.
- (b) “Inmate” means an offender, as defined in RSA 21-H:2, VII, a person in pretrial confinement, or any person incarcerated in a local detention facility.
- (c) “Facility” means a correctional facility or local correctional facility hospital, operated by the department of corrections.
IV. The offense is a class B felony if it is an aggravated assault as defined in paragraph II, or if the offense committed is simple assault as defined under RSA 631:2-a unless committed in a fight entered into by mutual consent, in which case it is a misdemeanor. The offense is a class A felony if the offense committed is first degree or second degree assault as defined under RSA 631:1 or RSA 631:2.
V. If a person is convicted of the offense of assault under this section, the term of imprisonment authorized by RSA 651:2, II or RSA 651:6 shall be consecutive to and not concurrent with any other sentence to be served.
1985, 80:1. 2000, 113:1, eff. Jan. 1, 2001.
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