(a) Any person eighteen (18) years of age or older who shall commit a battery upon a child ten (10) years of age or younger, causing serious bodily injury, shall be deemed to have committed a felony and shall be punished by imprisonment for not less than five (5) years but not more than twenty (20) years and a fine of not less than five thousand ($5,000) dollars nor more than twenty thousand ($20,000) dollars. (b) “Serious bodily injury” means physical injury that: (1) Creates a substantial risk of death; (2) Causes protracted loss or impairment of the function of any bodily part, member or organ; or (3) Causes serious permanent disfigurement.
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