(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 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 Servi ces 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 e vent 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.
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