§ 23-11. Assault and battery.

(a)

Any person who shall commit a simple assault or assault and battery upon another person shall be guilty of a Class 1 misdemeanor, and if the person intentionally selects the person against whom a simple assault is committed because of his race, religious conviction, color or national origin, the penalty upon conviction shall include a mandatory, minimum term of confinement of at least six (6) months, thirty (30) days of which shall not be suspended, in whole or in part.

(b)

In addition, if any person commits a battery against another, knowing or having reason to know that such other person is a full-time or part-time employee of any public or private elementary or secondary school and is engaged in the performance of his duties as such, he shall be guilty of a Class 1 misdemeanor and the sentence of such person upon conviction shall include a mandatory, minimum sentence of fifteen (15) days in jail, two (2) days of which shall not be suspended in whole or in part. However, if the offense is committed by use of a firearm or other weapon prohibited on school property, pursuant to § 18.2-308.1 [of the Code of Virginia], the person shall serve a mandatory, minimum sentence of confinement of six (6) months which shall not be suspended in whole or in part.

(c)

"Simple assault" or "assault and battery" shall not be construed to include the use of, by any school security officer or full-time or part-time employee of any public or private elementary or secondary school while acting in the course and scope of his acting official capacity, any of the following: (i) incidental, minor or reasonable physical contact or other actions designed to maintain order and control; (ii) reasonable and necessary force to quell a disturbance or remove a student from the scene of a disturbance that threatens physical injury to persons or damage to property; (iii) reasonable and necessary force to prevent a student from inflicting physical harm on himself; (iv) reasonable and necessary force for self-defense or the defense of others; or (v) reasonable and necessary force to obtain possession of weapons or other dangerous objects or controlled substances or associated paraphernalia that are upon the person of the student or within his control. In determining whether a person was acting within the exceptions provided in this subsection, due deference shall be given to reasonable judgments that were made by a school security officer or full-time or part-time employee of any public or private elementary or secondary school at the time of the event.

As used in this section, the term "school security officer" means an individual who is employed by the local school board for the purpose of maintaining order and discipline, preventing crime, investigating violations of school board policies and detaining persons violating the law or school board policies on school property, a school bus or at a school-sponsored activity and who is responsible solely for ensuring the safety, security and welfare of all students, faculty and staff in the assigned school.

(Code 1965, § 23-9; Ord. No. 1003, 11-5-79; Ord. No. 2707, 6-25-02; Ord. No. 3353, 6-3-14, eff. 7-1-14)

State Law reference— Similar provisions, Code of Virginia, § 18.2-57.

(Code 1965, § 23-9; Ord. No. 1003, 11-5-79; Ord. No. 2707, 6-25-02; Ord. No. 3353, 6-3-14, eff. 7-1-14)

State law reference

Similar provisions, Code of Virginia, § 18.2-57.