Sec. 5. A person who, with intent to stimulate or depress the performance of a horse in a race:
(1) administers a controlled substance listed in IC 35-48 to the horse less than twenty-four (24) hours before the race;
(2) injures or otherwise affects the horse; or
(3) possesses an electrical, a mechanical, or other appliance, other than a whip or spur, that can be used during the race to affect the horse;
commits a Class B misdemeanor.