KRS 508.025: Assault in the third degree.

(1) A person is guilty of assault in the third degree when the actor:

(a) Recklessly, with a deadly weapon or dangerous instrument, or intentionally

causes or attempts to cause physical injury to:

1. A state, county, city, or federal peace officer;

2. An employee of a detention facility, or state residential treatment facility

or state staff secure facility for residential treatment which provides for

the care, treatment, or detention of a juvenile charged with or

adjudicated delinquent because of a public offe nse or as a youthful

offender;

3. A healthcare provider as defined in KRS 311.821 or other person

employed by or under contract with a health clinic, doctor's office,

dental office, long -term care facility, hospital, or a hospital -owned or

affiliate outpatient facility, if the event occurs in or on the premises of a

jail, penitentiary, local or state correctional or detention facility,

including a facility which provides for the care, treatment, or detention

of a juvenile charged with or adjudicated delinqu ent because of a public

offense or as a youthful offender, health clinic, doctor's office, dental

office, long-term care facility, hospital, or a hospital -owned or affiliate

outpatient facility;

4. An employee of the Department for Community Based Services

employed as a social worker to provide direct client services, if the

event occurs while the worker is performing job-related duties;

5. Paid or volunteer emergency medical services personnel certified or

licensed pursuant to KRS Chapter 311A, if the even t occurs while

personnel are performing job-related duties;

6. A paid or volunteer member of an organized fire department, if the

event occurs while the member is performing job-related duties;

7. Paid or volunteer rescue squad personnel affiliated with the Division of

Emergency Management of the Department of Military Affairs or a

local disaster and emergency services organization pursuant to KRS

Chapter 39F, if the event occurs while personnel are performing job -

related duties;

8. A probation and parole officer;

9. A transportation officer appointed by a county fiscal court or legislative

body of a consolidated local government, urban -county government, or

charter government to transport inmates wh en the county jail or county

correctional facility is closed while the transportation officer is

performing job-related duties;

10. A public or private elementary or secondary school or school district

classified or certified employee, school bus driver, o r other school

employee acting in the course and scope of the employee's employment;

or

11. A public or private elementary or secondary school or school district

volunteer acting in the course and scope of that person's volunteer

service for the school or school district;

(b) Being a person confined in a detention facility, or a juvenile in a state

residential treatment facility or state staff secure facility for residential

treatment which provides for the care, treatment, or detention of a juvenile

charged with or adjudicated delinquent because of a public offense or as a

youthful offender, inflicts physical injury upon or throws or causes feces, or

urine, or other bodily fluid to be thrown upon an employee of the facility; or

(c) Intentionally causes a pe rson, whom the actor knows or reasonably should

know to be a peace officer discharging official duties, to come into contact

with saliva, vomit, mucus, blood, seminal fluid, urine, or feces without the

consent of the peace officer.

(2) (a) For a violation of subsection (1)(a) of this section, assault in the third degree

is a Class D felony, unless the offense occurs during a declared emergency as

defined by KRS 39A.020 arising from a natural or man -made disaster, within

the area covered by the emergency dec laration, and within the area impacted

by the disaster, in which case it is a Class C felony.

(b) For a violation of subsection (1)(b) of this section, assault in the third degree

is a Class D felony.

(c) For violations of subsection (1)(c) of this section, assault in the third degree is

a Class B misdemeanor, unless the assault is with saliva, vomit, mucus, blood,

seminal fluid, urine, or feces from an adult who knows that he or she has a

serious communicable disease and competent medical or epidemiologica l

evidence demonstrates that the specific type of contact caused by the actor is

likely to cause transmission of the disease or condition, in which case it is a

Class A misdemeanor.

(d) As used in paragraph (c) of this subsection, "serious communicable dis ease"

means a non -airborne disease that is transmitted from person to person and

determined to have significant, long-term consequences on the physical health

or life activities of the person infected.