A person commits this offence when they assault a police officer or other person engaged in a prescribed occupation or employment, knowing that the victim was acting in the course of their official duties, or, in the case of a police or other law enforcement officer, in retribution for something the offender believes they have done in the course of their duty [Criminal Law Consolidation Act 1935 (SA) s 5AA(1)(c) and (ka) and Criminal Law Consolidation (General) Regulations 2006 (SA) reg 3A].
Basic offence: Five years imprisonment [s 20(3)]
Causing harm: Seven years imprisonment [s 20(4)]
Assault Emergency Worker
From 3 October 2019, police may charge an offender for assaulting a prescribed emergency worker under section 20AA. An assault may include intentionally causing human biological material to come into contact with a victim or threatening to do so. There is also a separate offence of committing a prohibited act involving human biological material, see Prohibited act involving human biological material.
An emergency worker is prescribed in section 20AA(9) to include a police officer, prison officer, community corrections officer or youth justice officer, an employee in a training centre, a person performing duties in a hospital, a person performing duties in the course of retrieval medicine, a medical or other health practitioner attending an out of hours or unscheduled call out or assessing, stabilising or treating a person at the scene of an accident in a rural area, a member of the SA Ambulance Service, a member of SA MFS, SA CFS or SA SES, a law enforcement officer, an inspector within the meaning of the Animal Welfare Act 1985 (SA), or any other person engaged in an occupation or employment prescribed by the regulations for the purposes of section 5AA(1)(ka) (relating to aggravated offences).
Basic offence: Five years imprisonment [s 20AA(3)]
Hinder or resist police officer in course of official duty causing harm: 10 years imprisonment [s 20AA(4)]
Recklessly cause harm: 10 years imprisonment [s 20AA(2)]
Intentionally cause harm: 15 years imprisonment [s 20AA(1)]
Harm in relation to these offences has the same meaning as in Division 7A, section 21, namely physical or mental harm (whether temporary or permanent).