Sec. 1. 17-A MRSA §207, as amended by PL 1985, c. 495, §4, is repealed and the following enacted in its place:

§207.__Assault

1.__A person is guilty of assault if the person intentionally, knowingly or recklessly causes bodily injury or offensive physical contact to another.

2.__Assault is a Class D crime, except as provided in subsection 3.

3.__Assault is a Class C crime:

A.__When the actor causes bodily injury to another person who is under 6 years of age, as long as the actor is 18 years of age or older; or

B.__When the actor and the victim are family or household members and the actor has 2 prior convictions for assault against a family or household member.__As used in this paragraph, "family or household member" has the same meaning as in Title 15, section 321, subsection 1.

Sec. 2. 19-A MRSA §4011, sub-§1, as amended by PL 1997, c. 683, Pt. C, §7 and affected by §8, is further amended to read:

1. Crime committed. Except as provided in subsection subsections 2, 4 and 5, violation of the following is a Class D crime, when the defendant has prior actual notice, which may be notice by means other than service in hand, of the order or agreement:

A. A temporary, emergency, interim or final protective order, an order of a tribal court of the Passamaquoddy Tribe or the Penobscot Nation or a similar order issued by a court of the United States or of another state, territory, commonwealth or tribe; or

B. A court-approved consent agreement.

Sec. 3. 19-A MRSA §4011, sub-§§4 and 5 are enacted to read:

4.__Reckless conduct; assault.__A defendant who violates a protective order issued pursuant to section 4007 through conduct that is reckless and that creates a substantial risk of death or serious bodily injury to another person or who assaults the plaintiff named in the protective order commits a Class C crime.