§ 2702.1.  Assault of law enforcement officer.

(a)  Assault of a law enforcement officer in the first degree.--A person commits a felony of the first degree who attempts to cause or intentionally or knowingly causes bodily injury to a law enforcement officer, while in the performance of duty and with knowledge that the victim is a law enforcement officer, by discharging a firearm.

(b)  Penalties.--Notwithstanding section 1103(1) (relating to sentence of imprisonment for felony), a person convicted under subsection (a) shall be sentenced to a term of imprisonment fixed by the court at not more than 40 years.

(c)  Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Law enforcement officer."  The term shall have the same meaning as the term "peace officer" is given under section 501 (relating to definitions).

"Firearm."  As defined under 42 Pa.C.S. § 9712(e) (relating to sentences for offenses committed with firearms).


(Oct. 17, 2008, P.L.1628, No.131, eff. 60 days)


2008 Amendment.  Act 131 added section 2702.1.

Cross References.  Section 2702.1 is referred to in section 905.1 of Title 34 (Game); sections 9714, 9719.1 of Title 42 (Judiciary and Judicial Procedure).