§ 20-25. Assault.

(a)

Generally. A person commits an assault when, without justification, the person does any of the following:

(1)

Pain or injury. Any act which is intended to cause pain or injury to, or which is intended to result in physical contact which will be insulting or offensive to another, coupled with the apparent ability to execute the act.

(2)

Threat of pain or injury. Any act which is intended to place another in fear of immediate physical contact which will be painful, injurious, insulting, or offensive, coupled with the apparent ability to execute the act.

(3)

Dangerous weapon. Intentionally point any firearm toward another, or display in a threatening manner any dangerous weapon toward another.

(b)

Athletic or social activity exempted. However, where the person doing any of the above enumerated acts, and such other person, are voluntary participants in a sport, social, or other activity, not in itself criminal, and such act is a reasonably foreseeable incident of such sport or activity, and does not create an unreasonable risk or serious injury or breach of the peace, the act is not an assault.

(c)

Fight or physical struggle associated with school function. Provided further that where the person doing any of the above enumerated acts is employed by a school district or other education professional working in a school setting and intervenes in a fight, physical struggle or other disruptive situation that takes place on school grounds or at an official school function regardless of location, the act shall not be an assault if the degree and the force of the intervention is reasonably necessary to restore order and to protect the safety of those assembled.

(Prior Code, § 45.01)

State law reference

Similar provisions, I.C.A. § 708.1.