(2)

1. (a)

   1. (i) Except as provided in Subsection (3), a person is guilty of a class B misdemeanor if the person who violates Subsection (1) negligently or recklessly fails to determine whether the recipient of the alcoholic product is a minor.
   2. (ii) As used in this Subsection (2)(a), "negligently" means with simple negligence.
2. (b) Except as provided in Subsection (3), a person is guilty of a class A misdemeanor if the person who violates Subsection (1) knows the purchaser of the alcoholic product is a minor.

(3) This section does not apply to the furnishing of an alcoholic product to a minor in accordance with this title:

1. (a) for medicinal purposes by:

   1. (i) the parent or guardian of the minor; or
   2. (ii) the health care practitioner of the minor, if the health care practitioner is authorized by law to write a prescription; or
2. (b) as part of a religious organization's religious services.