2. A person who throws a bodily fluid at a Department of
Corrections employee, county corrections officer, juvenile corrections
officer, State juvenile facility employee, juvenile detention staff
member, probation officer, any sheriff, undersheriff or sheriff's
officer or any municipal, county or State law enforcement officer while
in the performance of his duties or otherwise purposely subjects such
employee to contact with a bodily fluid commits an aggravated assault.
If the victim suffers bodily injury, this shall be a crime of the third
degree. Otherwise, this shall be a crime of the fourth degree. A term of
imprisonment imposed for this offense shall run consecutively to any
term of imprisonment currently being served and to any other term
imposed for another offense committed at the time of the assault.
Nothing herein shall be deemed to preclude, if the evidence so warrants,
an indictment and conviction for a violation or attempted violation of
chapter 11 of Title 2C of the New Jersey Statutes or subsection b. of
N.J.S.2C:12-1 or any other provision of the criminal laws.
L.1997,c.182,s.2; amended 1999, c.429; 2003, c.283.
L.1997,c.182,s.2; amended 1999, c.429; 2003, c.283.
