B. A person who violates this section is guilty of a class 5 felony unless the court does either of the following:
1. Enters a judgment of conviction for a class 1 misdemeanor and makes disposition accordingly.
2. Places the person on probation in accordance with chapter 9 of this title and refrains from designating the offense as a felony or misdemeanor until the probation is terminated. The offense shall be treated as a felony for all purposes until such time as the court may actually enter an order designating the offense as a misdemeanor.