Distributing fireworks or articles pyrotechnic to non-permit holder

(a) A person commits the offense of distributing fireworks or articles pyrotechnic to non-permit holder when the person, who holds a valid license required pursuant to section 132D-7, intentionally, knowingly, or recklessly distributes aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks to another person who does not have a valid permit required pursuant to sections 132D-10 and 132D-16. (b) Except as provided in subsections (c) and (d), the offense of distributing fireworks or articles pyrotechnic to non-permit holder shall be a class C felony. (c) The offense of distributing fireworks or articles pyrotechnic to non-permit holder shall be a class B felony if: (1) The person has been convicted one or more times for any offense under this chapter within ten years of the current offense; or (2) Any of the aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks distributed in the commission of the offense cause substantial bodily injury to another person. (d) The offense of distributing fireworks or articles pyrotechnic to non-permit holder shall be a class A felony if any of the aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks distributed in the commission of the offense cause serious bodily injury or death to another person. (e) The state of mind requirement for subsections (c)(2) and (d) shall not be applicable to whether the person was aware the aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks caused or would cause the injury or death. A person shall be strictly liable with respect to the result that the aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks caused the injury or death.