1. A person is guilty of an offense if that person:
a. Willfully causes bodily injury to another human being; or
b. Negligently causes bodily injury to another human being by means of a firearm,
destructive device, or other weapon, the use of which against a human being is likely
to cause death or serious bodily injury.
2. The offense is:
a. A class C felony when the victim is a peace officer or correctional institution
employee acting in an official capacity, which the actor knows to be a fact; an employee
of the state hospital acting in the course and scope of employment, which the actor
knows to be a fact, and the actor is an individual committed to or detained at the
state hospital pursuant to chapter 25-03.3; a person engaged in a judicial proceeding;
or a member of a municipal or volunteer fire department or emergency medical services
personnel unit or emergency department worker in the performance of the member's duties.
b. A class B misdemeanor except as provided in subdivision a.
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