9.42(2)(B)'s last word “and” makes it clear to satisfy the statue one must:

-Satisfy 9.41(1);

-Satisfy either 9.41(2)(A) OR 9.41(2)(B); AND

-Satisfy either 9.41(3)(A) OR 9.41(3)(B).

That reading effectively reads the final requirement out of the text or presumes some extreme fact pattern that was not mentioned.