(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.