(1) Except as provided in subsection (2) of this section, a person who knowingly violates section 26-202 shall be guilty of an offense and punished as follows:

(a) For a first violation of such section, such person shall be guilty of a Class I misdemeanor; and

(b) For a second or subsequent violation of such section, such person shall be guilty of a Class IV felony.

(2) A person shall not be prosecuted for a violation of section 26-202 if the person was released from custody during the no-contact period without being given the advisements and without signing the acknowledgment required under section 26-205.