Whoever intentionally causes bodily harm to another by conduct 6
that creates a substantial risk of great bodily harm is guilty of a Class H felony. A 7
rebuttable presumption of conduct creating a substantial risk of great bodily harm 8
arises: (b) If if
the person harmed has a physical disability, whether congenital or 9
acquired by accident, injury or disease, that is discernible by an ordinary person 10
viewing the physically disabled person, or that is actually known by the actor.