HF4793

Purpose

To strengthen protections for frontline workers by expanding the fourth-degree assault statute to include firefighters, emergency medical personnel, and hospital emergency department staff, and to set harsher penalties if bodily harm results.

Main Provisions

• Expansion of protected victims: The bill adds the following people to the list of those protected under the fourth-degree assault statute:
  • a member of a municipal or volunteer fire department functioning in the performance of duties, or
  • a member of an emergency medical services (EMS) personnel unit functioning in the performance of duties, or
  • a physician, nurse, or other person providing health care services working in a hospital emergency department.
• Offense classification:
  • If someone physically assaults a protected person described above, the offender is guilty of a gross misdemeanor (unless the conditions in the next point apply).
• Penalty enhancement for bodily harm:
  • If the assault on a protected person inflicts demonstrable bodily harm, the offense becomes a felony, with a potential sentence of up to three years in prison or a fine of up to $6,000, or both.
• Conditions:
  • The gross misdemeanor applies when the assault occurs to a person in the protected group and the assault does not inflict demonstrable bodily harm.
  • The felony applies only when the assault inflicts demonstrable bodily harm.

Significance and Impact

• Strengthens legal protection for firefighters, EMS personnel, and certain health care workers in emergency settings.
• Establishes a higher level of punishment (felony with stated maximums) when demonstrable bodily harm is involved, providing a stronger deterrent and clearer consequences for assaults on frontline workers.

How it changes existing law

• Amends Minnesota Statutes 2025 Supplement section 609.2231 subdivision 2 to explicitly include firefighters, EMS personnel, and hospital ED staff as protected individuals and to tier penalties based on whether demonstrable bodily harm occurs.

Practical Implications

• Potentially increases prosecutions for assaults against frontline workers.
• Sends a public safety message recognizing the risk faced by these workers during duty.

Terminology and concepts used

• Fourth-degree assault
• Gross misdemeanor
• Felony
• Demonstrable bodily harm
• Firefighters
• Emergency medical services (EMS) personnel
• Hospital emergency department
• Physician
• Nurse
• Health care provider
• In the performance of duties
• Municipal or volunteer fire department
• EMS unit

Notes

• The base offense remains a gross misdemeanor unless demonstrable bodily harm occurs, which escalates to a felony with specified penalties.

Relevant Terms - fourth-degree assault - gross misdemeanor - felony - demonstrable bodily harm - firefighters - emergency medical services personnel - hospital emergency department - physician - nurse - health care provider - municipal fire department - volunteer fire department - in the performance of duties - Minnesota Statutes 609.2231 subdivision 2