(1) (a) As used in this section, "aggravated assault" means an offense under Section 76-5-103 . (b) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor commits aggravated assault by prisoner if the actor: (a) is a prisoner; and (b) commits aggravated assault. (3) (a) A violation of Subsection (2) is a second degree felony. (b) Notwithstanding Subsection (3)(a) , a violation of Subsection (2) is a first degree felony if serious bodily injury was intentionally caused.
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