Section 170-E:21 - PenaltyI. Any natural person shall be guilty of a class A misdemeanor, and any other person shall be guilty of a class B felony, who conducts, operates, or acts as a child day care agency without a license or permit to do so in violation of RSA 170-E:4, I.II. Any person shall be guilty of a misdemeanor who:(a) Makes materially false statements to obtain or retain a license or permit.(b) Fails to keep the records and make the reports required under this subdivision.(c) Is required to obtain a license or permit under this subdivision and who advertises or causes to be published an advertisement soliciting a child for child day care which is not authorized by any license or permit held.(d) Violates any other provision of this subdivision or any rule adopted under RSA 541-A by the commissioner for the enforcement of this subdivision.(e) Holds themselves out in any way or advertises that they are licensed if they do not hold a license issued by the department.II-a. Any person who operates a licensed or unlicensed child day care agency in violation of RSA 170-E:4, and, as a direct result of that persons' negligent operation, a child suffers permanent impairment to brain function, permanent paralysis, or other permanent debilitating injury, or death, shall be guilty of a class B felony.III. Each day a violation continues to exist shall constitute a separate offense.Amended by 2016 , 161: §§4, 5, 8 eff. 6/3/2016.1990, 257:8. 2006, 76 : 2 , eff. July 1, 2006. 2016, 161 : 4 , 5, 8, eff. June 3, 2016.