Notwithstanding any other provision of law, a person convicted of a violation of § 69201 of this Chapter shall be guilty of a felony of the third degree if at the time of his or her arrest the person was operating a motorboat or vessel in which a child under the age of sixteen (16) was a passenger or if a child under
the age of sixteen (16) was injured as a result of an accident in which the motorboat or vessel operated by the person was involved.