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.