(a) Every person who shall make an assault or battery, or both, with any device manufactured and designed to be substantially similar in appearance to a firearm shall be punished by imprisonment for not more than ten (10) years if serious injury results, and in the event that serious bodily injury does not result, punishment shall be imprisonment for not more than three (3) years. (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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