(1) A caregiver commits the offense of aggravated neglect of an elderly or vulnerable adult who commits neglect pursuant to § 39-15-507, and the act: Results in serious physical harm; or
(2) Results in serious bodily injury.
(3) In order to convict a person for a violation of subdivision (a)(1), it is not necessary for the state to prove the elderly or vulnerable adult sustained serious bodily injury as required by § 39-13-102, but only that the neglect resulted in serious physical harm.
(4) A violation of subdivision (a)(1) is a Class C felony.
(5) A violation of subdivision (a)(2) is a Class B felony.