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Performance Person Official Makes Authority Assault Public Force

Front ARTICLE 148 DIRECT ASSAULT

Without public uprising, by attacking, by employing force or seriously intimidating or by seriously resisting any PA or APA, while engaged in the performance of official duties, or on the occasion of such performance

Elements:
Back a. That the offender:
i. Makes an attack (equivalent to aggression),
ii. Employs force
iii. Makes a serious intimidation (unlawful coercion, duress, putting someone in fear, exertion of an influence in the mind which must be both immediate and serious), or
iv. Makes a serious resistance (if not serious, crime committed may be that under resistance and disobedience);

b. That the person assaulted is a person in authority or his agent;

c. That at the time of the assault the person in authority or his agent:
i. Is engaged in the actual performance of official duties, or
ii. That he is assaulted by reason of the past performance of his official duties;

d. That the offender knows that the one he is assaulting is a person in authority or his agent in the exercise of his duties;

e. That there is no public uprising

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