(1) A person shall not manufacture, deliver, possess, transport, place, use, or release for an unlawful purpose any of the following:

    (a) A chemical irritant or a chemical irritant device.

    (b) A smoke device.

    (c) An imitation harmful substance or device.

    (2) A person who violates subsection (1) is guilty of a crime as follows:

    (a) Except as provided in subdivisions (b) to (e), the person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both.

    (b) If the violation results in property damage, the person is guilty of a felony punishable by imprisonment for not more than 7 years or a fine of not more than $10,000.00, or both.

    (c) If the violation results in personal injury to another individual other than serious impairment of a body function or death, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $15,000.00, or both.

    (d) If the violation results in serious impairment of a body function to another individual, the person is guilty of a felony punishable by imprisonment for not more than 25 years or a fine of not more than $25,000.00, or both.

    (e) If the violation results in the death of another individual, the person is guilty of a felony punishable by imprisonment for life or any term of years or a fine of not more than $40,000.00, or both.