1. (a) No offender shall commit assault.

2. (b) "Assault" shall be defined as an intentional threat to do bodily harm to another, coupled with the apparent or recognizable ability to carry out the threat and resulting in the other person's immediate apprehension or fear of bodily harm. No bodily contact shall be necessary to complete an assault violation.

   1. (cv) (1) Except as specified in paragraph (c)(2), each violation of this regulation shall be a class II offense.

      1. (2) Each violation of this regulation shall be a class I offense if the victim is an agency employee, an employee of one of the agency's contractors, or a volunteer.

This regulation shall be effective on and after April 8, 2005.

(Authorized by and implementing K.S.A. 2004 Supp. 75-7024 and K.S.A. 76-3203; effective April 8, 2005.)