§ 1028a. Assault of correctional officer; assault with bodily fluids (a) A person convicted of a simple or aggravated assault against an employee of the Department of Corrections whose official duties or job classification includes the supervision or monitoring of a person on parole, probation, or serving any sentence of incarceration whether inside or outside a correctional facility, and who was performing a lawful duty, in addition to any other penalties imposed under sections 1023 and 1024 of this title, shall: (1) for the first offense, be imprisoned not more than one year; and (2) for the second offense and subsequent offenses, be imprisoned not more than 10 years. (b) No person shall intentionally cause blood, vomitus, excrement, mucus, saliva, semen, or urine to come in contact with: (1) any person lawfully present in a correctional facility unless the person’s presence within the facility requires the contact; or (2) an employee of a correctional facility acting in the scope of employment unless the employee’s scope of employment requires the contact. (c) A person who violates subsection (b) of this section shall be imprisoned not more than two years or fined not more than $1,000.00, or both. (d) A sentence imposed for a conviction of this section shall be served consecutively with and not concurrently with any other sentence.
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