76-5-103. Aggravated assault--Penalties
(1)(a) As used in this section, “targeting a law enforcement officer” means the same as that term is defined in Section 76-5-202.
(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits aggravated assault if:
(a)(i) the actor attempts, with unlawful force or violence, to do bodily injury to another;
(ii) the actor makes a threat, accompanied by a show of immediate force or violence, to do bodily injury to another; or
(iii) the actor commits an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another; and
(b) the actor’s conduct described in Subsection (2)(a) includes:
(i) the use of:
(A) a dangerous weapon; or
(B) a motor vehicle;
(ii) any act that intentionally or knowingly impedes the breathing or the circulation of blood of another individual by the actor’s use of unlawful force or violence by:
(A) applying pressure to the neck or throat of an individual; or
(B) obstructing the nose, mouth, or airway of an individual; or
(iii) other means or force likely to produce death or serious bodily injury.
(3)(a) A violation of Subsection (2) is a third degree felony.
(b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a second degree felony if:
(i) the act results in serious bodily injury; or
(ii) an act under Subsection (2)(b)(ii) produces a loss of consciousness.
(c) Notwithstanding Subsection (3)(a) or (b), a violation of Subsection (2) is a first degree felony if the conduct constitutes targeting a law enforcement officer and results in serious bodily injury.