§ 11-5-10.1 - Assault on persons 60 years of age or older causing serious bodily injury.
SECTION 11-5-10.1
§ 11-5-10.1 Assault on persons 60 years ofage or older causing serious bodily injury. – (a) Any person who shall commit an assault or battery, or both, upon a personsixty (60) years of age or older, causing serious bodily injury, shall bedeemed to have committed a felony and shall be imprisoned for not less thanthree (3) years but not more than twenty (20) years, or fined not more than tenthousand dollars ($10,000), or both. Every person so convicted shall be orderedto make restitution to the victim of the offense or to perform up to fivehundred (500) hours of public community restitution work or attend violencecounseling and/or substance abuse counseling, or any combination of themimposed by the sentencing judge. The court may not waive the obligation to makerestitution and/or public community restitution work. The restitution and/orpublic community restitution work shall be in addition to any fine or sentencewhich may be imposed and not in lieu of the fine or sentence.
(b) "Serious bodily injury" means physical injury that:
(1) Creates a substantial risk of death;
(2) Causes protracted loss or impairment of the function ofany bodily part, member or organ; or
(3) Causes serious permanent disfigurement.