¹(1) A person who is convicted of an aggravated assault or aggravated battery upon a person 65 years of age or older shall be sentenced pursuant to the sentencing guidelines and fined not more than $10,000 and shall also be ordered by the sentencing judge to make restitution to the victim of such offense and to perform up to 500 hours of community service work. Restitution and community service work shall be in addition to any fine or sentence which may be imposed and shall not be in lieu thereof.

1. (2) Whenever a person is charged with committing an assault or aggravated assault or a battery or aggravated battery upon a person 65 years of age or older, regardless of whether he or she knows or has reason to know the age of the victim, the offense for which the person is charged shall be reclassified as follows:

   1. (a) In the case of aggravated battery, from a felony of the second degree to a felony of the first degree.
   2. (b) In the case of aggravated assault, from a felony of the third degree to a felony of the second degree.
   3. (c) In the case of battery, from a misdemeanor of the first degree to a felony of the third degree.
   4. (d) In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree.

2. (3) Notwithstanding the provisions of s. 948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld.

   ¹Note.--Section 19, ch. 97-194, amended subsection (1), effective October 1, 1998, to read:

3. (1) A person who is convicted of an aggravated assault or aggravated battery upon a person 65 years of age or older shall be sentenced pursuant to the Criminal Punishment Code and fined not more than $10,000 and shall also be ordered by the sentencing judge to make restitution to the victim of such offense and to perform up to 500 hours of community service work. Restitution and community service work shall be in addition to any fine or sentence which may be imposed and shall not be in lieu thereof.

History.--s. 1, ch. 89-327; s. 1, ch. 92-50; s. 18, ch. 93-406; s. 1200, ch. 97-102; s. 19, ch. 97-194.