[§342D-34]  Knowing endangerment.  (a) Any person who knowingly violates this chapter or any rule adopted by thedepartment pursuant to this chapter, or any condition in a permit issued underthis chapter, and who knows at that time that the violation places anotherperson in imminent danger of death or serious bodily injury, shall, uponconviction, be subject to a fine of not more than $250,000 or imprisonment ofnot more than fifteen years, or both.

(b)  A person which is an organization, uponconviction of violating this section, shall be subject to a fine of not morethan $1,000,000.  If a conviction of a person is for a violation committedafter a first conviction of such person under this section, the maximumpunishment shall be doubled with respect to both fine and imprisonment.

(c)  For the purpose of this section, indetermining whether a defendant who is an individual knew that the individual’sconduct placed another person in imminent danger of death or serious bodilyinjury:

(1)  The person is responsible only for actualawareness or actual belief that the person possessed; and

(2)  Knowledge possessed by a person other than thedefendant but not by the defendant may not be attributed to the defendant;except that in proving the defendant’s possession of actual knowledge,circumstantial evidence may be used, including evidence that the defendant tookaffirmative steps to shield himself or herself from relevant information.

(d)  It is an affirmative defense toprosecution that the conduct charged was consented to by the person endangeredand that the danger and conduct charged were reasonably foreseeable hazards of:

(1)  An occupation, a business, or a profession; or

(2)  Medical treatment or medical or scientificexperimentation conducted by professionally approved methods and such otherperson had been made aware of the risks involved prior to giving consent; andsuch defense may be established under this section by a preponderance of theevidence.

(e)  The term “organization” means a legal entity,other than a government, established or organized for any purpose, and suchterm includes a corporation, company, association, firm, partnership, jointstock company, foundation, institution, trust, society, union, or any otherassociation of persons.

(f)  The term “serious bodily injury” meansbodily injury which involves a substantial risk of death, unconsciousness,extreme physical pain, protracted and obvious disfigurement, or protracted lossor impairment of the function of a bodily member, organ, or mental faculty. [L1989, c 212, pt of §2]