Section 30-22-21 - Assault upon peace officerA. 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. 1953 Comp., § 40A-22-20, enacted by Laws 1971, ch. 265, § 1.