(a) No person shall knowingly cause or attempt to cause physical harm to another or to another's unborn.
(b) No person shall recklessly cause serious physical harm to another or to another's unborn.
(Adopting Ordinance)
(c) Whoever violates any of the provisions of this section is guilty of assault, a misdemeanor of the first degree and shall be subject to the penalty provided in Section 698.02.
(d) Notwithstanding the provisions of division (c) of this section, if the sentencing court determines that the victim of the offense was an official or employee of the Maple Heights School District or the City of Maple Heights and was performing his or her duty at the time of the offense, the court shall set the offender's fine at one thousand dollars ($1,000) and, in addition to said fine, shall sentence the offender to not less than sixty days and not more than six months imprisonment. The minimum fine and imprisonment to be imposed by the court pursuant to this subsection are mandatory. The court shall not suspend all or any portion of said fine and imprisonment.
(e) Notwithstanding the provisions of division (c) of this section, if the sentencing court determines that the victim of the offense was a child who had not attained the age of eighteen at the time of the offense and was in attendance in a facility owned by the Maple Heights School District at the time of the offense, the court shall set the offender's fine at one thousand dollars ($1,000) and, in addition to said fine, shall sentence the offender to not less than sixty days and not more than six months imprisonment. The minimum fine and imprisonment to be imposed by the court pursuant to this subsection are mandatory. The court shall not suspend all or any portion of said fine and imprisonment.
(Ord. 1996-112. Passed 12-4-96.)