(1)(a) the suspect intentionally maintains or leaves in a place accessible to children a container with a compartment of more than one and a half cubic feet capacity & a door or lid which locks or fastens automatically when closed & which cannot easily be opened from the inside OR

(b) being the owner or otherwise having possession of property on which there is a well, cistern, cesspool, excavation or other hole of a depth of four (4) feet or more and a top width of twelve (12) inches or more, the owner intentionally fails or refuses to cover or fence it with a suitable protective construction