(A) It is unlawful for a person to take or exercise control over a controlled substance belonging to another person or entity with the intent to deprive the person or entity of the controlled substance.
(B) A person who knowingly and intentionally violates subsection (A):
(1) for a first offense, is guilty of a felony and, upon conviction, must be imprisoned for not more than five years or fined not more than five thousand dollars, or both; and
(2) for a second or subsequent violation, is guilty of a felony and, upon conviction, must be imprisoned for not more than ten years or fined not more than ten thousand dollars, or both.