30-22-21. Assault upon peace officer.
A. Assault upon a peace officer consists of:
(1) an attempt to commit a battery upon the person of a peace officer while he is in the lawful discharge of his duties; or
(2) any unlawful act, threat or menacing conduct which causes a peace officer while he is in the lawful discharge of his duties to reasonably believe that he is in danger of receiving an immediate battery.
B. Whoever commits assault upon a peace officer is guilty of a misdemeanor.