A person commits the crime of disorderly conduct in the first degree if, with intent to cause public inconvenience, annoyance or alarm, or knowingly creating a risk thereof, the person initiates or circulates a report, knowing it to be false:
Concerning an alleged hazardous substance or an alleged or impending fire, explosion, catastrophe or other emergency; and
(a) Disorderly conduct in the first degree is a Class A misdemeanor.
Notwithstanding paragraph (a) of this subsection, disorderly conduct in the first degree is a Class C felony if the defendant has at least one prior conviction for violating subsection (1) of this section. [2005 c.631 §3; 2015 c.361 §1]