(A) A person who engages in or is present at cockfighting or game fowl fighting or illegal game fowl testing is guilty of a:

1. (1) misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year for a first offense; or
2. (2) misdemeanor and, upon conviction, must be fined not more than three thousand dollars or imprisoned not more than three years for a second or subsequent offense.

(B) For purposes of this section, "illegal game fowl testing" means allowing game fowl to engage in physical combat:

1. (1) with or without spurs or other artificial items while in the presence of more than five spectators;
2. (2) under any circumstances while employing spurs or other artificial items or with the injection or application of a stimulant substance; or
3. (3) for purposes of or in the presence of wagering or gambling.