LAWS ON ASSAULT OF A SPORTS OFFICIAL

Topic:
ASSAULT; CRIME; SENTENCING; LIABILITY (LAW); RECREATION (GENERAL); SPORTS;
Location:
CRIME AND CRIMINALS ; SPORTS;


December 11, 2006		2006-R-0747
LAWS ON ASSAULT OF A SPORTS OFFICIAL

By: Christopher Reinhart, Senior Attorney

You asked how many other states have specific crimes regarding assault of a sports official.

SUMMARY

We found 18 states with criminal laws regarding assault of a sports official. These states are: Alabama, Arkansas, California, Delaware, Florida, Georgia, Illinois, Kentucky, Louisiana, Montana, Nevada, New Jersey, New Mexico, North Carolina, Oklahoma, Pennsylvania, Texas, and West Virginia.

These laws provide specific penalties either by creating a new crime or raising the penalty for one or more existing crimes when they are committed against a sports official. The laws vary in terms of what officials are covered and what levels of sports activities are covered. Some of these laws also cover coaches and other participants but we have not included that information in this report.

In addition to these criminal provisions, two states have civil statutes. Minnesota authorizes the Minnesota State High School League or a school board to ban someone from attending interscholastic activity for up to 12 months for assaulting a sports official. Oregon has a provision for liquidated damages of $500 to $1,000, in addition to any other damages, in civil cases for injuries suffered by a sports official.

CRIMINAL LAWS ON ASSAULT OF A SPORTS OFFICIAL

Table 1 summarizes the laws in each state by providing information on the criminal conduct required, penalties, covered officials, and covered events.

Table 1: State Laws Concerning Attacks on Sports Officials

*State*	*Crime*	*Penalty*	*Covered Officials*	*Covered Events*
Alabama Ala. Code § 13A-11-144	Commit one of the following crimes against a sports official performing official duties, because of performing those duties: ● Harassment ● Menacing ● 1^st, 2^nd, or 3rd degree assault	Harassment: Class B misdemeanor—up to six months in prison, up to $3,000 fine, or both Menacing: Class A misdemeanor—up to one year in prison, up to $6,000 fine, or both Assault 1^st degree: Class A felony—10 years to life in prison, up to $60,000 fine, or both Assault 2^nd degree: Class B felony—two to 20 years in prison, up to $30,000 fine, or both Assault 3^rd degree: Class C felony—one to ten years in prison, up to $15,000 fine, or both	Anyone who enforces the rules of the event, such as an umpire or referee	● Interscholastic or intramural events, primary school through college ● Organized events sponsored by community, business, or nonprofit organizations ● Professional or semi-professional events ● Any organized athletic activity
Arkansas Ark. Code § 5-13-209	Striking or otherwise physically abusing an official during or immediately before or after an event in which the official participates	Class A misdemeanor: up to one year in prison, up to $1,000, or both	Athletic contest official	● Interscholastic ● Intercollegiate ● Other organized amateur or professional event
California Cal. Penal Code § 243.8	Battery against official during or immediately before or after an event in which the official participates and the actor knows or reasonably should know the official is performing his duties	Up to one year in jail, up to $2,000 fine, or both	Referee, linesman, umpire, or similar official registered by or a member of an organization that educates and trains sports officials	● Interscholastic ● Intercollegiate ● Other organized amateur or professional event
Delaware Del. Code Ann. § 11-614	Commit 2^nd degree reckless endangering, 3^rd degree assault, terroristic threatening, or criminal mischief against a sports official acting during or immediately before or after the event	● $1,000 to $2,350 fine ● Prohibited from participating and attending organized sporting events for three to 12 months ● 1^st offense: Class A misdemeanor—up to one year in prison ● 2^nd or subsequent offense: Class G felony—up to two years in prison	A registered, paid, or volunteer referee, umpire, line judge, or person acting in a similar capacity at a sporting event	Not defined

Table 1: -Continued-

*State*	*Crime*	*Penalty*	*Covered Officials*	*Covered Events*
Florida Fl. Stat. § 784.081	Assault or battery against a sports official actively participating in an athletic contest or immediately after and the actor knows or has reason to know the victim's identity, position, or employment	When the underlying crime is: ● Aggravated battery: 1st degree felony—up to 30 years in prison, up to $10,000 fine, or both ● Aggravated assault: 2nd degree felony—up to 15 years in prison, up to $10,000 fine, or both ● Battery: 3^rd degree felony—up to five years in prison, up to $5,000 fine, or both ● Assault: 1^st degree misdemeanor—up to one year in prison, up to $1,000 fine, or both	Referee, umpire, linesman, or similar official known by another title, registered or a member of a local, state, regional, or national organization that educates and trains sports officials	Athletic contest
Georgia Ga. Code § 16-5-23	Simple battery against sports official during event or while official is on or leaving property where he officiates	High or aggravated misdemeanor: up to one year in prison, up to $5,000 fine, or both	Anyone who officiates, including umpire or referee	Amateur events at elementary, secondary, intercollegiate, or recreational level
Illinois 720 ILCS 5/12-2	Assault, at an athletic facility, indoor or outdoor playing field, or within their immediate vicinity, when the official was an active participant in the athletic contest, and the actor knows the person is a sports official	Aggravated assault: class A misdemeanor—up to one year in prison, at least $1,000 fine. 2^nd or subsequent—up to one year in prison, at least $2,000 fine.	Person at an athletic contest who enforces the rules, such as an umpire or referee	Any level of competition
Kentucky KRS § 518.090	● Intentionally causing physical injury to sports official while the official is (1) performing his duties or (2) arriving or leaving the athletic facility ● Assembling five or more people to assault a sports official	● 1^st offense: Class A misdemeanor—up to one year in prison, up to $500 fine, or both Subsequent offense: Class D felony—one to five years in prison, $1,000 to $10,000 fine ● Class D felony	Referee, linesman, umpire, or similar person know by a different title, registered or a member of a national, state, regional, or local organization that educates and trains sports officials	Not specified

Table 1:-Continued-

*State*	*Crime*	*Penalty*	*Covered Officials*	*Covered Events*
Louisiana LRS § 14:34.4	Battery of school or recreation athletic contest official actively engaged in officiating when the actor has reasonable grounds to believe the person is an official	15 days to 6 months in prison and up to $500 fine or probation with two days in jail and five days of community service	● Referee, umpire coach, instructor, administrator, staff person, or school or school board employee of any public or private elementary or secondary school ● Referee, umpire, coach, instructor, administrator, staff person, or recreation employee of a public or quasi-public recreational program	● School-sanctioned interscholastic event ● Sanctioned recreation program event
Montana MCA § 45-2-211	Assault on a sports official	Up to six months in prison, up to $1,000 fine, or both	Not defined	Any sport at any level of amateur or professional competition
Nevada NRS § 200.471	Assault or battery, based on the performance of the official's duties at a sporting event when the actor knew or should have known the person was an official	Assault: Gross misdemeanor—up to one year in prison, up to $2,000 fine, or both Assault with deadly weapon or ability to use one: B felony—one to six years in prison, up to $5,000 fine, or both Battery: B felony (two to 10 years in prison, up to $10,000 fine, or both) or gross misdemeanor, with different penalties if committed with a deadly weapon depending on the type of harm Different penalties apply when the actor is a probationer, prisoner, or parolee	Paid or unpaid referee, umpire, linesman, timekeeper, inspector, judge, or similar official	Contest, game, or other event involving athletic or physical skill of amateur or professional athletes
New Jersey NJSA § 2C:44-1 (a)(8)	Offense against sports official during or immediately following his duties or because of his status as a sports official	Must be considered an aggravating factor when determining whether to impose sentence of imprisonment	Sports official	Not specified

Table 1: -Continued-

*State*	*Crime*	*Penalty*	*Covered Officials*	*Covered Events*
New Mexico NMSA § 30-3-9.1	While official is working, supervising, or administering an event: ● Assault ● Aggravated assault (using a deadly weapon) ● Battery ● Aggravated battery	Assault: misdemeanor—up to one year in prison, up to $1,000 fine, or both Aggravated assault: 3^rd degree felony—three years in prison, up to $5,000 fine, or both (higher amounts if caused death) Battery: misdemeanor Aggravated battery, depending on the harm or use of a deadly weapon ● 3^rd degree felony ● 4^th degree felony: 18 months in prison, up to $5,000 fine, or both	Referee, linesman, umpire, timer, scorer, or similar official registered as a member of an organization that educates and trains sports officials	Not specified
North Carolina N.C. Stat. § 14-33(b)(9)	Assault, assault and battery, or affray against a sports official during an event while discharging his duties or immediately after the event	Class 1 misdemeanor—up to 45 days in prison, fine in court's discretion, or both (sentencing guidelines apply and can change penalties)	Anyone who enforces the rules of the event, such as an umpire or referee	● Interscholastic or intramural events, primary school through university ● Organized events sponsored by community, business, or nonprofit organizations ● Professional or semi-professional events ● Any organized athletic activity
Oklahoma OSA § 21-650.1	Assault and battery against a sports official	Misdemeanor – up to one year in jail, up to $1,000 fine, or both	Referee, umpire, timekeeper, coach, official, or other person having authority in connection with an athletic contest	Any amateur or professional event
Pennsylvania 18 Pa. Stat. § 2712	Commits the crime of assault against a sports official during a sports event or as a result of his official acts	1^st degree misdemeanor: up to five years in prison, up to $10,000 fine, or both	Person enforcing rules at a covered event, such as an umpire or referee	● Interscholastic athletic activities from junior high through university ● Any other organized athletic activity, including professional or semi-professional events
Texas Penal Code § 22.01	Commits the crime of assault against a sports participant	Class B misdemeanor: up to 180 days in prison, up to $2,000 fine, or both	Anyone who participates in an official capacity. Includes a referee, umpire, and linesman.	Interscholastic, intercollegiate, or organized amateur or professional athletic competition
West Virginia W. Va. Code § 61-2-15a	Commit the crime of assault or battery against an athletic official while he is acting as an athletic official	● Assault: misdemeanor—1 to 30 days in prison, $50 to $100 fine, or both ● Battery: misdemeanor—1 to 30 days in prison, $100 to $500 fine, or both	Person enforcing rules at a sports event, such as an umpire or referee	Not defined

CIVIL STATUTES

Two states have civil statutes. Minnesota authorizes the Minnesota State High School League or a school board to ban someone from attending interscholastic activity for up to 12 months for assaulting a sports official in connection with an interscholastic activity under the league's control, supervision, or regulation. The law applies to an umpire, referee, judge, linesperson, timer, scorekeeper, or similar official (Minn. Stat. § 128C.08).

Oregon has a specific provision for damages in civil cases for injuries suffered by a sports official. The Oregon law provides liquidated damages of $500 to $1,000, in addition to any other damages, for a sports official when someone (1) intentionally makes offensive physical contact with him while serving as a sports official or briefly after, (2) the person knew he was an official, and (3) the contact occurred at or near the facility where he officiated. The law applies to a referee, linesman, umpire, judge, or similar official registered by or a member of an organization that educates and trains sports officials. The official can also recover reasonable attorneys' fees (Or. Stat. § 30.882).

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