(concurring in result).
I concur in the majority opinion as to Issue II and in the result but do not read either SDCL 22-18-1.1(3) nor our decision in State v. Cook, 319 N.W.2d 809, 811 *388(S.D.1982) as narrowly as the author reads them. In Cook, the defendant’s knowledge of the officer’s identity was not at issue. I agree with defendant that the assailant must have knowledge that his victim is a law enforcement officer. Applying the statute to the issue in this case, I would revise that portion of Cook cited in the opinion to read as follows:
Aggravated assault under SDCL 22-18-1.1(3) requires the showing of an attempt to cause or the knowing causation: 1) of any bodily injury, 2) to a law enforcement officer, 3) while the officer is engaged in the performance of his duties.
The record shows that Peyereisen was a resident of the City of Winner, knew the chief of police, and at some point in the altercation admitted that he knew he was assaulting the chief of police, but continued his assault to the point of kicking the victim when he was on the ground. I would therefore hold that it was not prejudicial error to refuse the instruction under the reasoning advanced by the author under Issue II.
I am authorized to state that Justice WOLLMAN joins in this concurrence in result.