(1)  A person commits the offense of assault against a law enforcement officer in the first degree if the person:

    (a)   Intentionally or knowingly causes bodily injury to a law enforcement officer who is engaged in the performance of duty; or

    (b)   Recklessly or negligently causes, with a dangerous instrument, bodily injury to a law enforcement officer who is engaged in the performance of duty.

     (2)  Assault of a law enforcement officer in the first degree is a class C felony.  The court shall, at a minimum, sentence the person who has been convicted of this offense to:

    (a)   An indeterminate term of imprisonment of five years, pursuant to section 706-660; or

    (b)   Five years probation, with conditions to include a term of imprisonment of not less than thirty days without possibility of suspension of sentence.