Tuesday, April 3, 2012

Simple assault on a legislator...what does that carry?

This afternoon in the Capitol, a visitor to the Capitol allegedly shoved Rep. Reecy Dickson (D - Macon) after the charter schools bill died in the House Education Committee.  Rep. Chuck Espy (D - Clarksdale) vowed to get to the bottom of what happened and see to it that an apology was issued.

Well, under Mississippi law, pushing a legislator carries a punishment much stiffer than a forced apology.  Miss. Code Ann. Section 97-3-7(1) reads as follows:
(1) A person is guilty of simple assault if he (a) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or (b) negligently causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or (c) attempts by physical menace to put another in fear of imminent serious bodily harm; and, upon conviction, he shall be punished by a fine of not more than Five Hundred Dollars ($ 500.00) or by imprisonment in the county jail for not more than six (6) months, or both. However, a person convicted of simple assault (a) upon a statewide elected official, law enforcement officer, fireman, emergency medical personnel, public health personnel, social worker or family protection specialist or family protection worker employed by the Department of Human Services or another agency, youth detention center personnel, training school juvenile care worker, any county or municipal jail officer, superintendent, principal, teacher or other instructional personnel, school attendance officer, school bus driver, or a judge of a circuit, chancery, county, justice, municipal or youth court or a judge of the Court of Appeals or a justice of the Supreme Court, district attorney, legal assistant to a district attorney, county prosecutor, municipal prosecutor, court reporter employed by a court, court administrator, clerk or deputy clerk of the court, or public defender, while such statewide elected official, judge or justice, law enforcement officer, fireman, emergency medical personnel, public health personnel, social worker, family protection specialist, family protection worker, youth detention center personnel, training school juvenile care worker, any county or municipal jail officer, superintendent, principal, teacher or other instructional personnel, school attendance officer, school bus driver, district attorney, legal assistant to a district attorney, county prosecutor, municipal prosecutor, court reporter employed by a court, court administrator, clerk or deputy clerk of the court, or public defender is acting within the scope of his duty, office or employment; (b) upon a legislator while the Legislature is in regular or extraordinary session or while otherwise acting within the scope of his duty, office or employment; or (c) upon a person who is sixty-five (65) years of age or older or a person who is a vulnerable adult, as defined in Section 43-47-5, shall be punished by a fine of not more than One Thousand Dollars ($ 1,000.00) or by imprisonment for not more than five (5) years, or both. (Emphasis added.)
Now, a little shove might be offensive as hell, but that doesn't mean it's simple assault under Mississippi law.  If, however, a person was found guilty of simple assault on a legislator, the max would be 5 years in the penitentiary and/or a $1,000.00 fine.  Not only are the penalties stiffer, the conviction would be classified as a felony rather than a misdemeanor.

Y'all be careful around these legislators, now.

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