Process Server Assault Legislation by State

Last updated December 10, 2012

• Alabama

• Alaska

• Arizona

• Arkansas

• California*

• Colorado

• Connecticut

• Delaware

• Florida*

• Georgia

• Hawaii

• Idaho

• Illinois*

• Indiana

• Iowa

• Kansas

• Kentucky

• Louisiana

• Maine

• Maryland

• Massachusetts

• Michigan

• Minnesota

• Mississippi

• Missouri

• Montana

• Nebraska

• Nevada

• New Hampshire

• New Jersey

• New Mexico

• New York

• North Carolina

• North Dakota

• Ohio

• Oklahoma

• Oregon

• Pennsylvania

• Rhode Island

• South Carolina

• South Dakota

• Tennessee

• Texas

• Utah

• Vermont

• Virginia

• Washington

• Washington DC

• West Virginia

• Wisconsin

• Wyoming

*Asterisk indicates states in which it is a felony to assault a process server.

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Alabama

No additional protection for process servers

Alaska

No additional protection for process servers

Arizona

Legislation proposed for 2013 session:

The Arizona Association of Certified Process Servers (AACPS) has petitioned to change A.R.S. § 13-1204 at (j). and at G, which explains aggravated assault, classification, and definition. AACPS has proposed an addition to the list of instances in which what would be considered a misdemeanor assault becomes a felony, which includes peace officers, teachers, health care practitioners, and more. To the existing section they propose to add the following: (j) A certified process server while engaged in the performance of attempting to serve process and while serving process.

Process servers who are certified in Arizona are designated as officers of the court and are regulated through the Supreme Court Licensing and Regulation Division. They must submit to a criminal background check and pass an examination in order to be certified.

View the full proposal

Arkansas

No additional protection for process servers

California

Assaulting a process server is a felony

According to Penal Code 241. (a) & (c), when a misdemeanor assault is committed against a process server and the individual knows or should reasonably know that the person is a process server, the assault is punishable by a fine up to $2,000 or imprisonment in a county jail for up to one year or a combination of both. Penal Code 243. (a) designates that a battery committed against a process server is punishable by the same fine and imprisonment terms as listed above.

View the full statute

Colorado

No additional protection for process servers

Connecticut

No additional protection for process servers

Delaware

No additional protection for process servers

Florida

Assaulting a process server is a felony

According to Statute 843.01, if a person knowingly and willfully resists, obstructs, or opposes a person legally authorized to execute process in the execution of legal process by offering or doing violence then they are guilty of a felony in the third degree.

View the full statute

Georgia

No additional protection for process servers

Hawaii

No additional protection for process servers

Idaho

No additional protection for process servers

Illinois

Assaulting a process server is a felony

According to Public Act 097-0313, it is considered aggravated assault and a felony for a person to assault an individual known to be a person authorized to serve process under Section 2-202 of the Code of Civil Procedure or a special process server appointed by the circuit court while that individual is in the performance of his or her duties as a process server.

View the full act

Indiana

No additional protection for process servers

Iowa

No additional protection for process servers

Kansas

No additional protection for process servers

Kentucky

No additional protection for process servers

Louisiana

No additional protection for process servers

Maine

No additional protection for process servers

Maryland

No additional protection for process servers

Massachusetts

No additional protection for process servers

Michigan

No additional protection for process servers

Minnesota

No additional protection for process servers

Mississippi

No additional protection for process servers

Missouri

No additional protection for process servers

Montana

No additional protection for process servers

Nebraska

No additional protection for process servers

Nevada

No additional protection for process servers

New Hampshire

No additional protection for process servers

New Jersey

No additional protection for process servers

New Mexico

No additional protection for process servers

New York

Assaulting a process server is a felony

S2991 adds a section making obstructing a process server from performing their duties and intentionally retaliate shall be charged with a class D felony:

View the full statute

North Carolina

No additional protection for process servers

North Dakota

No additional protection for process servers

Ohio

No additional protection for process servers

Oklahoma

No additional protection for process servers

Oregon

No additional protection for process servers

Pennsylvania

No additional protection for process servers

Rhode Island

No additional protection for process servers

South Carolina

No additional protection for process servers

South Dakota

No additional protection for process servers

Tennessee

No additional protection for process servers

Texas

No additional protection for process servers

Utah

No additional protection for process servers

Vermont

No additional protection for process servers

Virginia

No additional protection for process servers

Washington

Legislation proposed for 2013 schedule

Washington DC

No additional protection for process servers

West Virginia

No additional protection for process servers

Wyoming

No additional protection for process servers