(a) Except as provided in subsection (b), any person who knowingly violates any provision of Section 26-23F-5 shall be guilty of a Class D felony for each violation.
(b) Any person who experiments on a living unborn infant or the bodily remains of a deceased unborn infant, experiments upon an unborn infant who is intended to be aborted, or performs or offers to perform an abortion where part or all of the justification or reason for the abortion is that the bodily remains may be used for research or experimentation in violation of Section 26-23F-5 shall be guilty of a Class C felony.