(1) A person is guilty of assault in the third degree when the actor:
(a) Recklessly, with a deadly weapon or dangerous instrument, or intentionally
causes or attempts to cause physical injury to:
1. A state, county, city, or federal peace officer;
2. An employee of a detention facility, or state residential treatment facility
or state staff secure facility for residential treatment which provides for
the care, treatment, or detention of a juvenile charged with or
adjudicated delinquent because of a public offense or as a youthful
offender;
3. A healthcare provider as defined in KRS 311.821 or other person
employed by or under contract with a health clinic, doctor's office,
dental office, long-term care facility, hospital, or a hospital-owned or
affiliate outpatient facility, if the event occurs in or on the premises of a
health clinic, doctor's office, dental office, long-term care facility,
hospital, or a hospital-owned or affiliate outpatient facility;
4. An employee of the Department for Community Based Services
employed as a social worker to provide direct client services, if the
event occurs while the worker is performing job-related duties;
5. Paid or volunteer emergency medical services personnel certified or
licensed pursuant to KRS Chapter 311A, if the event occurs while
personnel are performing job-related duties;
6. A paid or volunteer member of an organized fire department, if the
event occurs while the member is performing job-related duties;
7. Paid or volunteer rescue squad personnel affiliated with the Division of
Emergency Management of the Department of Military Affairs or a
local disaster and emergency services organization pursuant to KRS
Chapter 39F, if the event occurs while personnel are performing job-
related duties;
8. A probation and parole officer;
9. A transportation officer appointed by a county fiscal court or legislative
body of a consolidated local government, urban-county government, or
charter government to transport inmates when the county jail or county
correctional facility is closed while the transportation officer is
performing job-related duties;
10. A public or private elementary or secondary school or school district
classified or certified employee, school bus driver, or other school
employee acting in the course and scope of the employee's employment;
or
11. A public or private elementary or secondary school or school district
volunteer acting in the course and scope of that person's volunteer
service for the school or school district;
(b) Being a person confined in a detention facility, or a juvenile in a state
residential treatment facility or state staff secure facility for residential
treatment which provides for the care, treatment, or detention of a juvenile
charged with or adjudicated delinquent because of a public offense or as a
youthful offender, inflicts physical injury upon or throws or causes feces, or
urine, or other bodily fluid to be thrown upon an employee of the facility; or
(c) Intentionally causes a person, whom the actor knows or reasonably should
know to be a peace officer discharging official duties, to come into contact
with saliva, vomit, mucus, blood, seminal fluid, urine, or feces without the
consent of the peace officer.
(2) (a) For a violation of subsection (1)(a) of this section, assault in the third degree
is a Class D felony, unless the offense occurs during a declared emergency as
defined by KRS 39A.020 arising from a natural or man-made disaster, within
the area covered by the emergency declaration, and within the area impacted
by the disaster, in which case it is a Class C felony.
(b) For a violation of subsection (1)(b) of this section, assault in the third degree
is a Class D felony.
(c) For violations of subsection (1)(c) of this section, assault in the third degree is
a Class B misdemeanor, unless the assault is with saliva, vomit, mucus, blood,
seminal fluid, urine, or feces from an adult who knows that he or she has a
serious communicable disease and competent medical or epidemiological
evidence demonstrates that the specific type of contact caused by the actor is
likely to cause transmission of the disease or condition, in which case it is a
Class A misdemeanor.
(d) As used in paragraph (c) of this subsection, "serious communicable disease"
means a non-airborne disease that is transmitted from person to person and
determined to have significant, long-term consequences on the physical health
or life activities of the person infected.
Effective: July 15, 2024
History: Amended 2024 Ky. Acts ch. 80, sec. 1, effective July 15, 2024. -- Amended
2023 Ky. Acts ch. 109, sec. 4, effective June 29, 2023. -- Amended 2022 Ky. Acts
ch. 151, sec. 2, effective July 14, 2022. -- Amended 2018 Ky. Acts ch. 189, sec. 1,
effective July 14, 2018. -- Amended 2005 Ky. Acts ch. 128, sec. 1, effective June 20,
2005. -- Amended 2002 Ky. Acts ch. 208, sec. 1, effective July 15, 2002; and ch.
360, sec. 1, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 14, sec. 56,
effective July 14, 2000; ch. 193, sec. 17, effective July 14, 2000; and ch. 345, sec. 7,
effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 345, sec. 1, effective July 15,
1996. -- Amended 1994 Ky. Acts ch. 397, sec. 1, effective July 15, 1994. --
Amended 1990 Ky. Acts ch. 380, sec. 1, effective July 13, 1990. -- Created 1982 Ky.
Acts ch. 429, sec. 1, effective July 15, 1982.
Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts ch. 128, sec. 1,
which included an amendment to this statute, provides that the Act shall be known as
the "Brenda D. Cowan Act."
Notes of Decisions
Cited in
37
cases (
16 in the last 5 years), 1987–2026 · leading case:
Love v. Commonwealth, 55 S.W.3d 816 (Ky. 2001).
Love v. Commonwealth, 55 S.W.3d 816 (Ky. 2001).
· cites it 16× “KRS 508.025 provides that a person is guilty of third-degree assault when he recklessly with a deadly weapon or dangerous instrumentality, or intentionally causes or attempts to cause physical injury to .”
United States v. Campbell, 224 F. Supp. 3d 549 (E.D. Ky. 2016).
· cites it 42× “See KRS 508.025 legislative history, indicating a last amended date of 6/20/2005 (and the offense occurred in September 2005).”
Covington v. Commonwealth, 849 S.W.2d 560 (Ky. Ct. App. 1992).
· cites it 20× “Pursuant to KRS 508.025, appellant was indicted with the offense of third-degree assault and being a persistent felony offender in the second degree.”
Montgomery v. Commonwealth, 505 S.W.3d 274 (Ky. Ct. App. 2016).
· cites it 2× “]” Montgomery was never given the opportunity to swing the bat, but his actions nonetheless demonstrated an attempt to cause physical injury to a peace officer.”
Leath v. Webb, 323 F. Supp. 3d 882 (E.D. Ky. 2018).
· cites it 2× “KRS § 508.025. Leath's denial does not suggest that Webb did not have reason to believe Leath attempted to cause physical injury.”
Epps v. State, 634 A.2d 20 (Md. 1993).
· cites it 2× “Kentucky 5 years, Ky.Rev.Stat. §§ 508.025 and 532.060 (Michie/Bobbs-Merrill 1973, 1990 Repl.”
Thornton v. Commonwealth, 421 S.W.3d 372 (Ky. 2013).
“See KRS 508.025(2) (defining third-degree assault as a Class D felony); KRS 532.”
Wyatt v. Commonwealth, 738 S.W.2d 832 (Ky. Ct. App. 1987).
· cites it 3× “KRS 508.025 states: (1) A person is guilty of assault in the third degree when with recklessness he causes or attempts to cause physical injury to a state, county, city, or federal peace officer or probation and parole officer by means of a deadly weapon or a dangerous…”
Saxton v. Commonwealth, 315 S.W.3d 293 (Ky. 2010).
“2001) began with the language of the third-degree assault statute, KRS 508.025(1). That statute applies to a person who “[r]ecklessly, with a deadly weapon or a dangerous instrument, or intentionally causes or attempts to cause physical injury to .”
Commonwealth v. Johnson, 245 S.W.3d 821 (Ky. Ct. App. 2008).
“For example, a person who correctly believed that his home had been unlawfully entered by the police could respond with unlimited force and, under the exclusionary rule, could be effectively immunized from criminal responsibility for any action taken after that entry. We do not…”
Key v. Commonwealth, 840 S.W.2d 827 (Ky. Ct. App. 1992).
“The Legislature has enacted an assault statute, KRS 508.025, Assault in the third degree, which criminalizes certain conduct directed at peace officers and employees of detention facilities.”
— Ky. Rev. Stat. § 508.025(1) — 3 cases
Saxton v. Commonwealth, 315 S.W.3d 293 (Ky. 2010).
“2001) began with the language of the third-degree assault statute, KRS 508.025(1). That statute applies to a person who “[r]ecklessly, with a deadly weapon or a dangerous instrument, or intentionally causes or attempts to cause physical injury to .”
— Ky. Rev. Stat. § 508.025(1)(a) — 6 cases
Love v. Commonwealth, 55 S.W.3d 816 (Ky. 2001).
“KRS 508.025 provides that a person is guilty of third-degree assault when he recklessly with a deadly weapon or dangerous instrumentality, or intentionally causes or attempts to cause physical injury to .”
United States v. Campbell, 224 F. Supp. 3d 549 (E.D. Ky. 2016).
“See KRS 508.025 legislative history, indicating a last amended date of 6/20/2005 (and the offense occurred in September 2005).”
— Ky. Rev. Stat. § 508.025(1)(a)(1) — 2 cases
United States v. Campbell, 224 F. Supp. 3d 549 (E.D. Ky. 2016).
“See KRS 508.025 legislative history, indicating a last amended date of 6/20/2005 (and the offense occurred in September 2005).”
— Ky. Rev. Stat. § 508.025(1)(b) — 5 cases
Love v. Commonwealth, 55 S.W.3d 816 (Ky. 2001).
“KRS 508.025 provides that a person is guilty of third-degree assault when he recklessly with a deadly weapon or dangerous instrumentality, or intentionally causes or attempts to cause physical injury to .”
United States v. Campbell, 224 F. Supp. 3d 549 (E.D. Ky. 2016).
“See KRS 508.025 legislative history, indicating a last amended date of 6/20/2005 (and the offense occurred in September 2005).”
— Ky. Rev. Stat. § 508.025(2) — 3 cases
Thornton v. Commonwealth, 421 S.W.3d 372 (Ky. 2013).
“See KRS 508.025(2) (defining third-degree assault as a Class D felony); KRS 532.”
United States v. Campbell, 224 F. Supp. 3d 549 (E.D. Ky. 2016).
“See KRS 508.025 legislative history, indicating a last amended date of 6/20/2005 (and the offense occurred in September 2005).”
— Ky. Rev. Stat. § 508.025(l)(a) — 2 cases
Love v. Commonwealth, 55 S.W.3d 816 (Ky. 2001).
“KRS 508.025 provides that a person is guilty of third-degree assault when he recklessly with a deadly weapon or dangerous instrumentality, or intentionally causes or attempts to cause physical injury to .”
— Ky. Rev. Stat. § 508.025(l)(a)(l) — 1 case
— Ky. Rev. Stat. § 508.025(l)(b) — 2 cases
Covington v. Commonwealth, 849 S.W.2d 560 (Ky. Ct. App. 1992).
“Pursuant to KRS 508.025, appellant was indicted with the offense of third-degree assault and being a persistent felony offender in the second degree.”
Love v. Commonwealth, 55 S.W.3d 816 (Ky. 2001).
“KRS 508.025 provides that a person is guilty of third-degree assault when he recklessly with a deadly weapon or dangerous instrumentality, or intentionally causes or attempts to cause physical injury to .”
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