RSA 642:9 · Assaults by Prisoners

642:9 Assaults by Prisoners. –
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.
II-a. An inmate is guilty of aggravated harassment of an employee when, with intent to harass, annoy, threaten, or alarm a person who the inmate knows or reasonably should know is an employee of such facility, or the department of corrections, or any law enforcement agency, the inmate causes or attempts to cause such employee to come into contact with blood, seminal fluid, urine, feces, emesis, or saliva by throwing or expelling such substance either directly or indirectly at the employee, thus contaminating the employee's work environment.
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 a person committed by law to the custody of the commissioner of the department of corrections, a person in pretrial confinement, any person incarcerated in a local detention facility operated by a county department of corrections, or a person in detention at a police department.
(c) "Facility" means a correctional facility or local correctional facility hospital, operated by the state or a county department of corrections, or a police department.
IV. The offense is a class B felony if it is an aggravated assault or harassment as defined in paragraph II or II-a, 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.
Source. 1985, 80:1. 2000, 113:1. 2010, 174:1, 2, eff. Jan. 1, 2011.