A person is guilty of a crime and may be sentenced as provided in section 609.52 , subdivision 3, clauses (1) to (5), if the person:
(1) is a child care center owner, director, manager, license holder, or other controlling individual or agent of a child care center;
(2) engages in the recruitment or screening of potential employees or applicants or instructs other persons engaged in the recruitment or screening of potential employees or applicants; and
(3) requires, as a condition of obtaining or continuing employment at the child care center, in order to obtain child care assistance program funds, that the applicant, potential employee, or employee has one or more children who are eligible for or receive child care assistance.