Section 71-2714. Endangering public health, safety or the environment in the first degree

A person is  guilty  of  endangering  public  health,  safety  or  the
  environment in the first degree when:
    1.  He  intentionally engages in conduct which causes the release of a
  substance acutely hazardous to public health, safety or the  environment
  or  the release of a substance which at the time of the conduct he knows
  to meet any of the criteria set forth in paragraph  (b)  of  subdivision
  one  of  section  37-0103  of  this  chapter  when he is aware that such
  conduct creates a substantial risk of serious  physical  injury  to  any
  person who is not a participant in the crime; or
    2.  He  knowingly  engages  in  conduct  which causes the release of a
  substance acutely hazardous to public health, safety or the  environment
  or  the release of a substance which at the time of the conduct he knows
  to meet any of the criteria set forth in paragraph  (b)  of  subdivision
  one  of section 37-0103 of this chapter and such release causes physical
  injury to any person who is not a participant in the crime.
    Endangering public health, safety or  the  environment  in  the  first
  degree is a class C felony.