A. Any person who is convicted of an aggravated assault or aggravated battery upon a person sixty-five (65) years of age or older shall be sentenced to a minimum term of imprisonment of one year and fined not more than Ten Thousand Dollars ($10,000.00) and shall also be ordered by the sentencing judge to make restitution to the victim of such offense and to perform up to one hundred (100) 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.

B. Any person who is found guilty of committing an assault or battery upon a person sixty-five (65) years of age or older, regardless of whether he or she knows or has reason to know the age of the victim, may be sentenced up to twice the length of the provided imprisonment for the underlying crime; provided, however, no punishment shall exceed a sentence of three years; assessed twice the provided fine for the underlying offense; provided, however, no fine shall exceed a fine of Fifteen Thousand Dollars ($15,000.00); and imposed a banishment sentence twice the provided banished period for the underlying crime; provided, however, no banishment sentence shall exceed ten (10) years.

C. Notwithstanding any other provision of this Code, adjudication of guilt or imposition of sentence under this section shall not be suspended, deferred, or withheld. ONCA 22-33, eff. Apr. 25, 2022.