A. A person shall not knowingly sell, give or deliver to a person under eighteen years of age any container exclusively containing nitrous oxide, unless the person under eighteen years of age is delivering or accepting delivery in the person's capacity as an employee.
B. A person who violates this section is guilty of a class 5 felony unless the court does either of the following:
1. Enters a judgment of conviction for a class 1 misdemeanor and makes disposition accordingly.
2. Places the person on probation in accordance with chapter 9 of this title and refrains from designating the offense as a felony or misdemeanor until the probation is terminated. The offense shall be treated as a felony for all purposes until such time as the court may actually enter an order designating the offense as a misdemeanor.