Simple Assault on a Police Officer (SAPO)

Reporter’s Note

There is an essential element of constructive knowledge, which is satisfied if the defendant knew or should have known that the victim was a law enforcement officer.  State v. Roy, 151 Vt. 17, 22 (1989); State v. Galvin, 147 Vt. 215 (1986); State v. Peters, 141 Vt. 341, 348 (1982).  The term “law enforcement officer” is defined in V.R.Cr.P. 54(c)(6).  The element of performing a lawful duty is discussed in State v. Hart, 149 Vt. 104 (1987); and State v. Desjardins, 142 Vt. 255, 258 (1982).  Excessive force is discussed in Peters, 141 Vt. at 347.

 

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