Any agent of the mine operator or any of its officers or supervisory employes or any agent of the owner or any of the owner's officers or supervisory employes, if said owner engages in active supervision and control over the operator, or any mine inspector who by acts of commission or omission, wilfully and knowingly violates any provisions of this act, and the act of commission or omission is the contributory cause of an incident which results in death or serious bodily harm of anyone lawfully in the mine, shall be guilty of a felony, and, upon conviction, be sentenced to pay a fine of not more than five thousand dollars ($5,000) and undergo imprisonment for a period not exceeding three years or both.
52 P.S. § 3109