§ 2-172. Assault, battery, aggravated assault, or aggravated battery on specified official or public employee.
A. For purposes of this section:
1. “Specified official” shall include “sports official” and elected officials.
2. “Sports official” means any person who serves as a referee, an umpire, timekeeper, coach, or a linesman, and any person who serves in a similar capacity as a sports official who may be known by another title, which sports official is duly registered by or is a member of a local, state, regional, or national organization that is engaged in part in providing education and training to sports officials.
3. “Public employee” shall include elected officials or employees of the Osage Nation, a school district; a public employee; a sports official; an employee or protective investigator of the Child Support Services, Osage Nation Social Services Agency, or their successors, and their agents; or an employee of the Wah-Zha-Zhe Health Clinic or its direct service contract providers; school employee; code inspector; medical care provider; health services personnel; firefighter; law enforcement officer; public transit employee or agent; and railroad special officer.
4. “School employee” means a teacher, principal, or any duly appointed person employed by a school system or employees of a firm contracting with a school system for any purpose, including any personnel not directly related to the teaching process and school board members during school board meetings.
5. “Medical care provider” means doctors, residents, interns, nurses, nurses’ aides, ambulance attendants and operators, paramedics, emergency medical technicians, laboratory technicians, radiologic technologists, physical therapists, physician assistants, chaplains, volunteers, pharmacists, nursing students, medical students and members of a hospital security force.
6. “Health services personnel” means individuals employed in preventive, diagnostic, curative, or rehabilitative services and includes alcohol treatment, drug abuse treatment, and mental health services.
B. Any person who commits an assault or aggravated assault or a battery or aggravated battery upon any specified official or public employee, when the person committing the offense knows or has reason to know the identity or position or employment of the victim, shall be guilty of committing the criminal offense of assault, battery, aggravated assault, or aggravated battery on specified official or public employee.
C. Any person convicted of committing the criminal offense of assault, battery, aggravated assault, or aggravated battery on specified official or public employee may be sentenced up to twice the length of the provided imprisonment for the underlying offense; provided, however, no imprisonment shall exceed a sentence of three years; assessed twice the provided fine for the underlying offense; provided, however, no assessed fine shall exceed a fine of Fifteen Thousand Dollars ($15,000.00); and imposed a banishment sentence twice the provided banished period for the underlying offense; provided, however, no banishment sentence shall exceed ten (10) years.
D. An assault, aggravated assault, battery, or aggravated battery upon a sports official shall be reclassified pursuant to subsection (C) of this section only if such offense is committed upon the sports official when he or she is actively participating as a sports official in an athletic contest or immediately following such athletic contest. ONCA 22-33, eff. Apr. 25, 2022.