I. Any natural person shall be guilty of a class A misdemeanor, and any other person shall be guilty of a class B felony, who conducts, operates, or acts as a child day care agency without a license or permit to do so in violation of RSA 170-E:4, I.
II. Any person shall be guilty of a misdemeanor who:
(a) Makes materially false statements to obtain or retain a license or permit.
(b) Fails to keep the records and make the reports required under this subdivision.
(c) Is required to obtain a license or permit under this subdivision and who advertises or causes to be published an advertisement soliciting a child for child day care which is not authorized by any license or permit held.
(d) Violates any other provision of this subdivision or any rule adopted under RSA 541-A by the commissioner for the enforcement of this subdivision.
(e) Holds themselves out in any way or advertises that they are licensed if they do not hold a license issued by the department.
II-a. Any person who operates a licensed or unlicensed child day care agency in violation of RSA 170-E:4, and, as a direct result of that persons' negligent operation, a child suffers permanent impairment to brain function, permanent paralysis, or other permanent debilitating injury, or death, shall be guilty of a class B felony.
III. Each day a violation continues to exist shall constitute a separate offense.