A professional fund raiser or solicitor who commits both of the following acts shall be guilty of theft of property by charitable fraud:
(1) Knowingly represents that he or she is soliciting funds for a charitable organization without the charitable organization's consent.
(2) Receives any contributions which are not delivered to the charitable organization either:
a. Within 30 days after receipt, or
b. Within 10 days upon request therefor by the charitable organization, whichever is sooner.