565.189.  Filing a false elder abuse or neglect report — penalty. — 1.  A person commits the offense of filing a false elder abuse or neglect report if he or she knowingly files a false report of elder abuse or neglect.

  2.  The offense of filing a false elder abuse or neglect report is a class A misdemeanor, unless the person has previously been found guilty of making a false report to the department and is subsequently found guilty of making a false report under this section, in which case it is a class E felony.

  3.  Evidence of prior findings of guilt of false reporting shall be heard by the court, out of the hearing of the jury, prior to the submission of the case to the jury, and the court shall determine the existence of the prior findings of guilt.