Whoever is grossly negligent in causing a fire to burn or get out of control thereby causing damage or injury to another, and as a result of this: (1) a human being is injured and great bodily harm incurred, is guilty of a crime and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both; (2) a human being is injured and bodily harm incurred, is guilty of a crime and may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both; or (3) property of another is injured, thereby, is guilty of a crime and may be sentenced as follows: (i) to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both, if the value of the property damage is under $300; (ii) to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both, if the value of the property damaged is at least $300 but is less than $2,500; or (iii) to imprisonment for not more than three years or to payment of a fine of not more than $5,000, or both, if the value of the property damaged is $2,500 or more. A person is guilty of a misdemeanor if the person smokes in the presence of explosives or inflammable materials. If a person violates this subdivision and knows that doing so creates a risk of death or bodily harm or serious property damage, the person is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
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