1. 1. A person is guilty of assault if:

   1. 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

      [PL 2001, c. 383, §10 (NEW); PL 2001, c. 383, §156 (AFF).]

   2. 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.

      [PL 2001, c. 383, §10 (NEW); PL 2001, c. 383, §156 (AFF).]

   [PL 2001, c. 383, §10 (RPR); PL 2001, c. 383, §156 (AFF).]

2. 2.

   [PL 2001, c. 383, §10 (RP); PL 2001, c. 383, §156 (AFF).]

3. 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.

   [PL 2019, c. 113, Pt. B, §10 (AMD).]

4. 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:

   1. A. Reliable evidence of financial hardship on the part of the individual and the individual's family and dependents;

      [PL 2019, c. 113, Pt. B, §11 (NEW).]

   2. B. Reliable evidence of special needs of the individual or the individual's family and dependents;

      [PL 2019, c. 113, Pt. B, §11 (NEW).]

   3. C. Reliable evidence of the individual's income and future earning capacity and the individual's assets and financial resources from whatever source;

      [PL 2019, c. 113, Pt. B, §11 (NEW).]

   4. D. Reliable evidence regarding any pecuniary gain derived from the commission of the offense; and

      [PL 2019, c. 113, Pt. B, §11 (NEW).]

   5. E. The impact of imposition of the mandatory fine on the individual's reasonable ability to pay restitution under chapter 69.

      [PL 2019, c. 113, Pt. B, §11 (NEW).]

   [PL 2019, c. 113, Pt. B, §11 (NEW).]

PL 1975, c. 499, §1 (NEW). PL 1985, c. 495, §4 (AMD). PL 2001, c. 383, §10 (RPR). PL 2001, c. 383, §156 (AFF). PL 2005, c. 12, §JJ1 (AMD). PL 2019, c. 113, Pt. B, §§10, 11 (AMD).