A. Assault upon a peace officer consists of:

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(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.