A.   Aggravated assault upon a peace officer consists of:   
(1)   unlawfully assaulting or striking at a peace officer with a deadly weapon while he is in the lawful discharge of his duties;   
(2)   committing assault by threatening or menacing a peace officer who is engaged in the lawful discharge of his duties by a person wearing a mask, hood, robe or other covering upon the face, head or body, or while disguised in any manner so as to conceal identity; or   
(3)   willfully and intentionally assaulting a peace officer while he is in the lawful discharge of his duties with intent to commit any felony.   
B.   Whoever commits aggravated assault upon a peace officer is guilty of a third degree felony.   
  History: 1953 Comp., § 40A-22-21, enacted by Laws 1971, ch. 265, § 2.