Sec. 3. A person who recklessly, knowingly, or intentionally damages or defaces property of a critical infrastructure facility commits critical infrastructure facility mischief, a Level 5 felony. However, the offense is a Level 4 felony if:
(1) the pecuniary loss is at least fifty thousand dollars ($50,000); or
(2) the damage causes a substantial interruption or impairment of a critical infrastructure utility service rendered to the public.