1. A person is guilty of assault if: A. The person intentionally, knowingly or recklessly causes bodily injury or offensive physical contact to another person. Violation of this paragraph is a Class D crime; or [2001, c. 383, §10(NEW); 2001, c. 383, §156(AFF).]B. The person has attained at least 18 years of age and intentionally, knowingly or recklessly causes bodily injury to another person who is less than 6 years of age. Violation of this paragraph is a Class C crime. [2001, c. 383, §10(NEW); 2001, c. 383, §156(AFF).] [2001, c. 383, §10(RPR); 2001, c. 383, §156(AFF).]
2.[2001, c. 383, §10(RP); 2001, c. 383, §156(AFF).]
3. For a violation under subsection 1, the court shall impose a sentencing alternative that involves a fine of not less than $300, which may not be suspended except as provided in subsection 4. [2019, c. 113, Pt. B, §10(AMD).]
4.Finding by court necessary to impose other than minimum fine. In the case of an individual, the court may suspend all or a portion of a minimum fine under subsection 3 or impose a lesser fine other than the mandatory fine if the court finds by a preponderance of the evidence that there are exceptional circumstances that justify imposition of a lesser financial penalty. In making a finding of exceptional circumstances, the court may consider:A. Reliable evidence of financial hardship on the part of the individual and the individual's family and dependents; [2019, c. 113, Pt. B, §11(NEW).]B. Reliable evidence of special needs of the individual or the individual's family and dependents; [2019, c. 113, Pt. B, §11(NEW).]C. Reliable evidence of the individual's income and future earning capacity and the individual's assets and financial resources from whatever source; [2019, c. 113, Pt. B, §11(NEW).]D. Reliable evidence regarding any pecuniary gain derived from the commission of the offense; and [2019, c. 113, Pt. B, §11(NEW).]E. The impact of imposition of the mandatory fine on the individual's reasonable ability to pay restitution under chapter 69. [2019, c. 113, Pt. B, §11(NEW).] [2019, c. 113, Pt. B, §11(NEW).]
Amended by 2019, c. 113,§ B-11, eff. 5/16/2019.Amended by 2019, c. 113,§ B-10, eff. 5/16/2019.1975, c. 499, § 1 (NEW) . 1985, c. 495, § 4 (AMD) . 2001, c. 383, § 10 (RPR) . 2001, c. 383, § 156 (AFF) . 2005, c. 12, §JJ1 (AMD) .