H. Michael Steinberg has over 32 years experience practicing Colorado criminal law. Mr. Steinberg strives to stay current with the ever changing aspects of criminal law issues and updates resulting in his extensive knowledge of successful criminal defense as well as appellate work. He is also an active member of the National Association of Criminal Defense Lawyers, the Colorado Criminal Defense Bar Association, the Colorado Trial Lawyer's Association, and the Colorado and Arapahoe Bar Associations.
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Colorado New Law Adds Emergency Medical Care Provider to List of Protected Class for Assault

In 2011 the Colorado State Legislature added emgency Medical Care Providers to the list of protected persons which includes peace officers and firefighters,who, if assaulted, would require a very lengthy and mandatory jail sentence. That sentence is a minimum of 2 years in the county jail and a maximum of 4 years in the county jail.

The Emergency Medical Provders protected under this new law are as follows
Emergency medical care providermeans a doctor, intern, nurse, nurse’s aid, physician’s assistant, ambulance attendant or operator, air ambulance pilot, paramedic, or any other member of a hospital or health care facility staff or security force who is involved in providing emergency medical care at a hospital or health care facility, or in an air ambulance or ambulance…
The Statute is 13-1.3-501 and reads as follows: (the changes in in capital letters):

18-1.3- 501. Misdemeanors classified – penalties. (1.5) (a) If a defendant is convicted of assault in the third degree pursuant to section 18-3-204 and the victim is a peace officer, emergency medical technician, EMERGENCY MEDICAL CARE PROVIDER, or firefighter engaged in the performance of his or her duties, notwithstanding the provisions of subsection

….(1) of this section, the court shall sentence the defendant to a term of imprisonment greater than the maximum sentence but no more than twice the maximum sentence authorized for the same crime when the victim is not a peace officer, emergency medical technician, EMERGENCY MEDICAL CARE PROVIDER, or firefighter engaged in the performance of his or her duties. In addition to such term of imprisonment, the court may impose a fine on the defendant pursuant to subsection (1) of this section.


HMS: What follows is the definition of of engaged in the performance of their duties:

(b) As used in this section, “peace officer, emergency medical technician, EMERGENCY MEDICAL CARE PROVIDER, or firefighter engaged in the performance of his or her duties” means a peace officer as described in section 16-2.5-101, C.R.S., emergency medical technician as defined in part 1 of article 3.5 of title 25, C.R.S., EMERGENCY MEDICAL CARE PROVIDER AS DEFINED BY SECTION 18-3-204 (4), or a firefighter as defined in section 18-3-201 (1), who is engaged or acting in, or who is present for the purpose of engaging or acting in, the performance of any duty, service, or function imposed, authorized, required, or permitted by law to be performed by a peace officer, emergency medical technician, EMERGENCY MEDICAL CARE PROVIDER, or firefighter, whether or not the peace officer, emergency medical technician, EMERGENCY MEDICAL CARE PROVIDER, or firefighter is within the territorial limits of his or her jurisdiction, if the peace officer, emergency medical technician, EMERGENCY MEDICAL CARE PROVIDER, or firefighter is in uniform or the person committing an assault upon or offense against or otherwise acting toward such peace officer, emergency medical technician, EMERGENCY MEDICAL CARE PROVIDER, or firefighter knows or reasonably should know that the victim is a peace officer, emergency medical technician, EMERGENCY MEDICAL CARE PROVIDER, or firefighter or if the peace officer, emergency medical technician, EMERGENCY MEDICAL CARE PROVIDER, or firefighter is intentionally assaulted in retaliation for the performance of his or her official duties.

SECTION 2. 18-3-204 (1) (b), Colorado Revised Statutes, is amended, and the said 18-3-204 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

18-3-204. Assault in the third degree. (1) A person commits assault in the third degree if:

(b) The person, with intent to infect, injure, harm, harass, annoy, threaten, or alarm another person whom the actor knows or reasonably should know to be a peace officer, a firefighter, AN EMERGENCY MEDICAL CARE PROVIDER, or an emergency medical technician, causes such other person to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or any toxic, caustic, or hazardous material by any means,
including but not limited to throwing, tossing, or expelling such fluid or material.

(4) “EMERGENCY MEDICAL CARE PROVIDER” MEANS A DOCTOR, INTERN, NURSE, NURSE’S AID, PHYSICIAN’S ASSISTANT, AMBULANCE ATTENDANT OR OPERATOR, AIR AMBULANCE PILOT, PARAMEDIC, OR ANY OTHER MEMBER OF A HOSPITAL OR HEALTH CARE FACILITY STAFF OR SECURITY FORCE WHO IS INVOLVED IN PROVIDING EMERGENCY MEDICAL CARE AT A HOSPITAL OR HEALTH CARE FACILITY, OR IN AN AIR AMBULANCE OR AMBULANCE AS DEFINED IN SECTION 25-3.5-103 (1) AND (1.5), C.R.S.