(a) No person shall cause or create a substantial risk of physical harm to any property of another without his or her consent:
(1) Knowingly, by any means;
(2) Recklessly, by means of fire, explosion, flood, poison gas, poison, radioactive material, caustic or corrosive material or other inherently dangerous agency or substance.
(b) Whoever violates this section is guilty of criminal damaging or endangering, a misdemeanor of the second degree. If violation of this section creates a risk of physical harm to any person, criminal damaging or endangering is a misdemeanor of the first degree. The penalty shall be as provided in Section 698.02. If the property involved in a violation of this section is an aircraft, an aircraft engine, propeller, appliance, spare part or any other equipment or implement used or intended to be used in the operation of an aircraft, and if the violation creates a risk of physical harm to any person, or if the property involved in a violation of this section is an occupied aircraft, criminal damaging or endangering is a felony and shall be prosecuted under Ohio R.C. 2909.06. (ORC 2909.06)