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94A Offenses Against Persons 537.03 <br />(c) Whoever violates this section is guilty of assault, a misdemeanor of the first degree. <br />If the assault was committed under the circumstances provided in subsection (c)(1), (2) or (3) <br />hereof, assault is a felony and shall be prosecuted under appropriate State law. <br />(1) Except as otherwise provided in this subsection, if the offense is committed <br />by a caretaker against a functionally impaired person under the caretaker's <br />care. <br />(2) If the offense is committed in any of the following circumstances: <br />A. The offense occurs in or on the grounds of a State correctional <br />institution or an institution of the Department of Youth Services, the <br />victim of the offense is an employee of the Department of <br />Rehabilitation and Correction, the Department of Youth Services, <br />or a probation department or is on the premises of the particular <br />institution for business purposes or as a visitor, and the offense is <br />committed by a person incarcerated in the State correctional <br />institution, a person institutionalized in the Department of Youth <br />Services institution pursuant to a commitment to the Department of <br />Youth Services, by a probationer or parolee, by an offender under <br />transitional control, under a community control sanction, or on an <br />escorted visit, by a person under post-release control, or by an <br />offender under any other type of supervision by a government <br />agency. <br />B. The offense occurs in or on the grounds of a local correctional <br />facility, the victim of the offense is an employee of the local <br />correctional facility or a probation department or is on the premises <br />of the facility for business purposes or as a visitor, and the offense <br />is committed by a person who is under custody in the facility <br />subsequent to the person's arrest for any crime or delinquent act, <br />subsequent to the person's being charged with or convicted of any <br />crime, or subsequent to the person's being alleged to be or <br />adjudicated a delinquent child. <br />C. The offense occurs off the grounds of a State correctional institution <br />and off the grounds of an institution of the Department of Youth <br />Services, the victim of the offense is an employee of the Department <br />of Rehabilitation and Correction, the Department of Youth Services, <br />or a probation department, the offense occurs during the employee's <br />official work hours and while the employee is engaged in official <br />work responsibilities, and the offense is committed by a person <br />incarcerated in a State correctional institution or institutionalized in <br />the Department of Youth Services who temporarily is outside of the <br />institution for any purpose, by a probationer or parolee, by an <br />offender under transitional control, under a community control <br />sanction, or on an escorted visit, by a person under post-release <br />control, or by an offender under any other type of supervision by a <br />government agency. <br />2000 Replacement <br />