This chapter does not limit in any way any liability that otherwise exists for:

1. 1. Willful and malicious failure to guard or warn against a dangerous condition, use, structure, or activity; or
2. 2. Injury suffered in any case in which the owner of land:
   1. a. Charges the person for entry onto the land other than the amount, if any, paid to the owner of the land by the state; and
   2. b. The total charges collected by the owner in the previous calendar year for all recreational use of land under the control of the owner are more than:
      1. (1) Twice the total amount of property taxes imposed on the land for the previous calendar year; or
      2. (2) In the case of agricultural land, four times the total amount of property taxes imposed on the land for the previous calendar year.