A physician who performs an abortion when the physician knows or should know that the provisions of this article have not been complied with before the abortion is guilty of a misdemeanor and, upon conviction:

1. (1) for a first or second offense, must be fined not more than one thousand dollars. No term of imprisonment may be imposed for a first or second offense.
2. (2) for a third or subsequent offense, must be imprisoned not more than three years or fined not more than five thousand dollars, or both.