(1) (a) As used in this section: (i) "Assault" means an offense under Section 76-5-102 . (ii) "Child welfare worker" means an employee of the Division of Child and Family Services created in Section 80-2-201 . (iii) "Family member" means an individual's spouse, surviving spouse, parent, grandparent, sibling, child, or any other individual related to the individual by consanguinity or affinity to the second degree. (b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section. (2) An actor commits assault against a child welfare worker or a family member of a child welfare worker if: (a) the actor commits, or attempts to commit, an assault against a child welfare worker or a family member of a child welfare worker; (b) the actor knows that the individual described in Subsection (2)(a) is a child welfare worker or a family member of a child welfare worker; and (c) the assault, or attempted assault, described in Subsection (2)(a) is committed: (i) against a child welfare worker at the time the child welfare worker is acting within the scope of the child welfare worker's authority; or (ii) against a child welfare worker or a family member of the child welfare worker with the intent to: (A) impede, intimidate, or interfere with the performance of the child welfare worker's official duties; or (B) retaliate against the child welfare worker because of the performance of the child welfare worker's official duties. (3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class A misdemeanor. (b) A violation of Subsection (2) is a third degree felony if the actor: (i) causes substantial bodily injury; and (ii) acts intentionally or knowingly. (4) This section does not apply to an actor who is a minor in the custody of, or receiving services from, a division within the Department of Health and Human Services.
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