(1) A person is guilty of criminal possession of a medical record when he or she possesses a medical record with the intent to unlawfully obtain a controlled substance by:
(a) Falsifying, altering, or creating a medical record; or (b) Selling or unlawfully transferring the medical record to another person.
(2) Any person who violates any subsection of this section shall be guilty of a Class D felony for the first offense and a Class C felony for a second or subsequent offense.