Section 870-K. Criminal penalties

1.  (a)  Any  owner  or  lessee of an
  amusement device, viewing  stand  or  tent  who  wilfully  violates  any
  provision  of  this  article  or any rule, regulation, standard or order
  promulgated pursuant to this article, and that violation causes physical
  injury to any member of the public exposed to the violation,  is  guilty
  of  a  class  A  misdemeanor  and  upon conviction shall be sentenced in
  accordance with the provisions of the penal law.
    (b) Any owner or lessee of an amusement device, viewing stand or  tent
  who  wilfully  violates  any  provision  of  this  article  or any rule,
  regulation, standard or order promulgated pursuant to this article,  and
  that  violation causes death or serious physical injury to any member of
  the public exposed to the violation, is guilty of a class E  felony  and
  upon  conviction shall be sentenced in accordance with the provisions of
  the penal law.
    (c) For the purposes of this subdivision, the term  "physical  injury"
  shall  have the same meaning as that term is defined in subdivision nine
  of section 10.00 of the penal law and the term "serious physical injury"
  shall have the same meaning as that term is defined in  subdivision  ten
  of section 10.00 of the penal law.
    2.  A  person who knowingly makes any false statement, representation,
  or certification in any  application,  record,  report,  plan  or  other
  document filed or required to be maintained pursuant to this article, is
  guilty  of a misdemeanor and upon conviction is subject to a fine of not
  more than two thousand five hundred dollars or imprisonment for not more
  than six months, or both.
    3. Nothing contained in this section shall be construed  to  limit  or
  preclude a prosecution under any provision of the penal law.