(1) A person is guilty of disarming a peace officer when he intentionally:
(a) Removes a firearm or other deadly weapon from the person of a peace officer when the peace officer is acting within the scope of his official duties; or (b) Deprives a peace officer of the officer's use of a firearm or deadly weapon when the peace officer is acting within the scope of his official duties.
(2) Disarming a peace officer is a Class D felony.
(3) The provisions of this section shall not apply when:
(a) The defendant does not know or could not reasonably have known that the person disarmed was a peace officer; or (b) The peace officer was, at the time of the disarming or incident thereto, engaged in felonious conduct.