(a) An offender commits the crime of sexual assault in the second degree if

(1) the offender engages in sexual contact with another person without consent of that person;

(2) the offender engages in sexual contact with a person

(A) who the offender knows is mentally incapable; and

(B) who is in the offender’s care

(i) by authority of law; or

(ii) in a facility or program that is required by law to be licensed by the Commonwealth;

(3) the offender engages in sexual penetration with a person who the offender knows is

(A) mentally incapable;

(B) incapacitated; or

(C) unaware that a sexual act is being committed; or

(4) the offender engages in sexual contact with a person who the offender knows is unaware that a sexual act is being committed and

(A) the offender is a health care worker; and

(B) the offense takes place during the course of professional treatment of the victim.

(b) Sexual Assault in the second degree is punishable by imprisonment of not less than two years and not more than fifteen years, a fine of not more than $10,000, or both. Notwithstanding any other provision of law, a person sentenced under this provision and 6 CMC section 4252 shall not be eligible for parole, if at all, until two-thirds of this minimum sentence (487 days) has been served.

(a) An offender commits the crime of sexual assault in the fourth degree if

(1) while employed in the Commonwealth correctional facility or other placement designated by the commissioner of corrections for the custody and care of prisoners, the offender engages in sexual contact with a person who the offender knows is committed to the custody of the Department of Corrections to serve a term of imprisonment or period of temporary commitment; or

(2) the offender engages in sexual contact with a person 18 or 19 years of age who the offender knows is committed to the custody of the Department of Public Health and Environmental Services under the civil or criminal commitment laws, and the offender is the legal guardian of the person.

(b) Sexual Assault in the fourth degree is punishable by imprisonment for not less than forty-five days and not more than one year, a fine of $1,000, or both. Notwithstanding any other provision of law, a person sentenced under this provision and 6 CMC section 4252 shall not be eligible for parole, if at all, until two-thirds of this minimum sentence (30 days) has been served.

(a) An offender commits the crime of sexual abuse of a minor in the first degree if

(1) being 16 years of age or older, the offender engages in sexual penetration with a person who is under 13 years of age or aids, induces, causes, or encourages a person who is under 13 years of age to engage in sexual penetration with another person;

(2) being 18 years of age or older, the offender engages in sexual penetration with a person who is under 18 years of age, and the offender is the victim’s natural parent, stepparent, adopted parent, or legal guardian; or

(3) being 18 years of age or older, the offender engages in sexual penetration with a person who is under 16 years of age, and

(A) the victim at the time of the offense is residing in the same household as the offender and the offender has authority over the victim; or

(B) the offender occupies a position of authority in relation to the victim.

(b) Sexual abuse of a minor in the first degree is punishable by imprisonment for not more than 30 years, a fine of not more than $50,000, or both, and the mandatory sentencing provisions of 6 CMC § 4102.

(a) An offender commits the crime of sexual abuse of a minor in the third degree if

(1) being 16 years of age or older, the offender engages in sexual contact with a person who is 13, 14, or 15 years of age and at least three years younger than the offender; or

(2) being 18 years of age or older, the offender engages in sexual penetration with a person who is 16 or 17 years of age and at least three years younger than the offender, and the offender occupies a position of authority in relation to the victim.

(b) Sexual Abuse of a Minor in the third degree is punishable by imprisonment for not less than two years and not more than 5 years, a fine of not more than $2,000, or both. Notwithstanding any other provision of law, a person sentenced under this provision and 6 CMC section 4252 shall not be eligible for parole, if at all, until two-thirds of this minimum sentence (487 days) has been served.

(a) A person commits the crime of unlawful exploitation of a minor if, in the Commonwealth and with the intent of producing a live performance, film, audio, video, electronic, or electromagnetic recording, photograph, negative, slide, book, newspaper, magazine, or other material that visually or aurally depicts the conduct listed in (1)-(7) of this subsection, the person knowingly induces or employs a child under 18 years of age to engage in, or photographs, films, records, or televises a child under 18 years of age engaged in, the following actual or simulated conduct:

(1) sexual penetration;

(2) the lewd touching of another person’s genitals, anus, or breast;

(3) the lewd touching by another person of the child’s genitals, anus, or breast;

(4) masturbation;

(5) bestiality;

(6) the lewd exhibition of the child’s genitals; or

(7) sexual masochism or sadism.

(b) A parent, legal guardian, or person having custody or control of a child under 18 years of age commits the crime of unlawful exploitation of a minor if, in the Commonwealth, the person permits the child to engage in conduct described in (a) of this section knowing that the conduct is intended to be used in producing a live performance, film, audio, video, electronic, or electromagnetic recording, photograph, negative, slide, book, newspaper, magazine, or other material that visually or aurally depicts the conduct.

(c) Unlawful exploitation of a minor is punishable by imprisonment for not more than ten years, a fine of not more than $10,000, or both. (d) In this section, “audio recording” means a nonbook prerecorded item without a visual component, and includes a record, tape, cassette, and compact disc.

(a) An offender commits the crime of indecent exposure in the second degree if the offender knowingly exposes the offender’s genitals in the presence of another person with reckless disregard for the offensive, insulting, or frightening effect the act may have.

(b) Indecent exposure in the second degree before a person under 16 years of age is punishable by imprisonment for not more than one year, a fine of not more than $1,000, or both, and the mandatory sentencing provisions of 6 CMC § 4102. Indecent exposure in the second degree before a person 16 years of age or older is punishable by imprisonment for not more than six months, a fine of not more than $500, or both.

(a) A person commits the offense of false arrest if he or she unlawfully detains another by force and against the other person’s will, then and there not being in possession of authority to do so.

(b) A person convicted under this section may be punished by imprisonment for not more than six months, or a fine of not more than $100, or both.

(a) A person commits the offense of criminal coercion if he or she intentionally compels or induces another person to engage in conduct from which the victim has a legal right to abstain, or to abstain from conduct in which the victim has a legal right to engage, by means of instilling in the victim a fear that, if the demand is not complied with, the defendant or a third person will:

(1) Commit any offense; or

(2) Accuse anyone of an offense; or

(3) Expose any secret or publicize any asserted fact, whether true or false, tending to subject any person to hatred, contempt or ridicule or to impair his or her credit or business repute; or

(4) Reveal any information sought to be concealed by the person; or

(5) Testify or provide information or withhold testimony or information with respect to any person’s legal claim or defense; or

(6) Take or withhold official action as a public servant or cause a public servant to take or withhold such action.

(b) It is a defense to a prosecution under subsections (a)(2), (a)(3), (a)(4), (a)(5) and (a)(6) of this section, that the defendant believed the threatened accusation or exposure to be true or the proposed action of a public servant justified, and that the defendant’s sole intention was to compel or induce the victim to take reasonable action to desist from, prevent, or remedy the wrong which was the subject of the threatened accusation, exposure, or action of a public servant.

(c) A person convicted under this section may be punished:

(1) If a dangerous weapon is used to instill fear, by imprisonment for not more than five years;

(2) Otherwise, by imprisonment for not more than two years.

(a) A person commits the offense of “man-amko” physical abuse if he or she willfully, knowingly, and intentionally endangers, hurts, ill-treats, mistreats, mishandles, victimizes, strikes, beats or in any manner inflicts physical pain, injury, or mental distress or undue anguish upon any member of the “man-amko.”

(b) A person commits the offense of “man-amko” mental cruelty when he or she knowingly endangers, dishonors, hurts, mistreats, mishandles, victimizes the mental health of such member of the “man-amko” to such an extent as to render the conduct intolerable, or he or she had a duty to and failed to provide the person with adequate food, clothing, or shelter and that such failure was the proximate cause which endangered, harmed, or threatened the mental health of a member of the “man-amko” while the “man-amko” is under his or her care or custody.

(c) “Man-amko” physical abuse and/or mental cruelty shall not include the exercise of sound and reasonable decision, discretion, or judgment in providing or rendering care, assistance, or services to a member of the “man-amko,” and such caring, assistance, or services are consistent with the prevailing community and cultural standards.

(d) A person convicted of “man-amko” mental cruelty or physical abuse is guilty of a crime and upon conviction thereof shall be imprisoned for not more than one year, or fined of not more than $1,000, or both.

(a) In this Act,

(1) “Domestic violence” and “crime involving domestic violence” mean one or more of the following offenses or an offense under a law or ordinance of another jurisdiction having elements similar to these offenses, or an attempt to commit the offense, by a household member against another household member:

(A) A crime against the person under Title 6, Division 1, Part 1;

(B) Burglary under 6 CMC § 1801;

(C) Criminal trespass under 6 CMC § 1804;

(D) Arson or reckless burning under 6 CMC § 1802;

(E) Criminal mischief under 6 CMC § 1803;

(F) Riot under 6 CMC § 3102;

(G) Violating an order for protection under 6 CMC § 1464;

(H) Disturbing the peace under 6 CMC § 3101;

(I) Stalking in the first or second degree under 6 CMC §§ 1471-1472;

(J) Interfering with a domestic violence report under 6 CMC § 1462;

(K) Unlawful contact under 6 CMC § 1463.

(L) Strangulation under 6 CMC § 1468.

(2) “Household member” includes

(A) Adults or minors who are current or former spouses;

(B) Adults or minors who live together or who have lived together;

(C) Adults or minors who are dating or who have dated;

(D) Adults or minors who are engaged in or who have engaged in a sexual relationship;

(E) Adults or minors who are related to each other up to the fourth degree of consanguinity, whether of the whole or half blood or by adoption, computed under the rules of civil law;

(F) Adults or minors who are related or formerly related by marriage;

(G) Persons who have a child of the relationship; and

(H) Minor children of a person in a relationship that is described in (A) through (G) of this subsection.

(3) “Physical injury” means any physical pain, or any impairment of physical condition;

(4) “Victim” means a person against whom an offense has been perpetrated,

(5) “Witness” means a person who contacted in connection with a criminal case because the person may have knowledge or information about the criminal case.

(a) A person commits the crime of unlawful contact if the person:

(1) Is arrested for a crime involving domestic violence, and before the person’s initial appearance before a judge, the person initiates communication or attempts to communicate with the alleged victim of the crime for which the person was arrested, with the intent of inducing or encouraging the alleged victim to drop the charges, or not to cooperate with the investigation or prosecution of the case; or

(2) Has been ordered not to contact the alleged victim or any witness in the case as a court-ordered condition of release, or a condition of probation or parole, and knowingly contacts or attempts to contact, either directly or indirectly, the alleged victim or witness in violation of the order.

(b) In this section:

(1) A defendant “initiates communication” or “attempts to communicate” by sending or causing to be sent, any oral, pictorial or written message to be conveyed to the victim, regardless of the form or medium, whether directly conveyed to the victim by the defendant, or delivered through some third party, whether or not the message actually reaches the victim.

(2) In determining whether the defendant had the requisite intent of inducing or encouraging the alleged victim to drop the charges, or not to cooperate with the investigation or prosecution of the case, the court may consider any evidence going to the defendant’s intent, including prior incidents of domestic violence engaged in by the defendant, prior communications between the defendant and the victim or victims of such incidents, and what the victim believed the communication was intended to convey.

(c) A person convicted under this section may be punished by imprisonment for a term not to exceed one year, by a fine not to exceed $1,000, or both.

(a) A law enforcement officer investigating a crime involving domestic violence shall protect the victim and any member of the victim’s family and prevent further violence by

(1) Transporting an adult victim and any member of the victim’s family from the place of the offense or the place of contact, to a location within the community where the offense occurred that is a shelter, a safe home, or another location in the community requested by the victim;

(2) Assisting the victim in removing from the residence essential items belonging to the victim, such as clothing, vehicles, medication, personal records, and legal documents;

(3) Assisting the victim and any member of the victim’s family in obtaining medical treatment necessitated by the offense, by contacting emergency medical services or by transporting the victim to a local medical facility; and

(4) Providing notice of the rights of victims and services available to victims of domestic violence as provided in 6 CMC § 1466.

(b) If a law enforcement officer investigating a crime involving domestic violence determines that it is necessary to protect the victim or the victim’s family from domestic violence or to protect the officer or the public during the investigation, the officer may

(1) Seize a deadly weapon in plain view of the officer, and

(2) If a deadly weapon was actually possessed during, or used in the domestic violence, shall seize all deadly weapons owned, used, possessed, or within the control of the alleged perpetrator.

(a) Except as provided in (b) or (c) of this section, a law enforcement officer, with or without a warrant, shall arrest a person if the officer has probable cause to believe the person has, either in or outside the presence of the officer, within the previous 12 hours

(1) Committed a crime involving domestic violence, except an offense under 6 CMC § 1101 or § 1102, whether the crime is a felony or a misdemeanor; or

(2) Violated a condition of release imposed by a court pursuant to 6 CMC § 6407.

(b) If a law enforcement officer receives complaints of domestic violence from more than one person arising from the same incident, the officer shall evaluate the conduct of each person to determine who was the principal physical aggressor. If the officer determines that one person was the principal physical aggressor, the other person or persons need not be arrested. In determining whether a person is a principal physical aggressor, the officer shall consider

(1) Prior complaints of domestic violence;

(2) The relative severity of the injuries inflicted on each person;

(3) The likelihood of future injury from domestic violence to each person; and

(4) Whether one of the persons acted in defense of self or others.

(c) A law enforcement officer is not required to make an arrest under (a) of this section if the officer has received authorization not to arrest from the Attorney General or an Assistant Attorney General assigned to the criminal division of the Attorney General’s Office.

(d) When investigating a crime involving domestic violence, a law enforcement officer may not threaten or suggest the possible arrest of all persons involved in the same incident in a manner that would have a tendency to discourage requests for intervention by law enforcement in incidents involving domestic violence.

(e) In addition to the contents of any other report, a law enforcement officer who does not make an arrest after investigating a complaint of domestic violence, or who arrests two or more persons based on the same incident, shall describe in writing the reasons for not making an arrest or for arresting more than one person.

(f) A person may not bring a civil action for damages for a failure to comply with the provisions of this section.

(a) Every party in a criminal or civil action involving domestic violence forfeits the right to object to a statement on hearsay and confrontation clause grounds when the party engaged in conduct, or acquiesced to conduct, designed to procure the unavailability of the declarant of the statement as a witness. The conduct need not consist of a criminal act.

(b) In any domestic violence case, evidence of a statement made by a witness is not made inadmissible by the hearsay rule if:

(1) the statement is inconsistent with his testimony at the hearing or trial, and

(2) the witness is subject to cross-examination concerning the statement, and

(3) the statement:

(i) was made under oath at a trial, hearing, or other proceeding, or

(ii) narrates, describes, or explains an event or condition of which the witness had personal knowledge, and:

(A) the statement is proved to have been written or signed by the witness, or

(B) the witness acknowledged under oath the making of the statement either in his testimony at the hearing or trial in which the admission into evidence of the prior statement is being sought, or at a trial, hearing, or other proceeding, or

(C) the statement is proved to have been accurately recorded by a tape recorder, videotape recording, or any other similar electronic means of sound recording.

(4) Nothing in this subsection shall render a prior inconsistent statement inadmissible for purposes of impeachment because such statement was not recorded or otherwise fails to meet the criteria set forth herein.

(c) In a criminal proceeding involving domestic violence, a witness may be qualified by the court as an expert if the witness has specialized knowledge beyond that possessed by the average layperson based on the witness’s experience with, or specialized training or education in, criminal justice, behavioral sciences or victim services issues, related to domestic violence, that will assist the trier of fact in understanding the dynamics of domestic violence, victim responses to domestic violence and the impact of domestic violence on victims during and after being assaulted.

(1) If qualified as an expert, the witness may testify to facts and opinions regarding specific types of victim responses and victim behaviors.

(2) The witness’s opinion regarding the credibility of any other witness, including the victim, shall not be admissible.

(3) A witness qualified by the court as an expert under this section may be called by the attorney for the Commonwealth or the defendant to provide the expert testimony.

As used in this article:

(a) “Course of conduct” means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person’s property.

(b) “Emotional distress” means significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling.

(c) “Reasonable person” means a reasonable person in the victim’s circumstances.

The definitions in this section apply throughout this Act, unless otherwise specified or a different meaning is plainly required:

(a) “Abuse the law” or “abuse the legal process” means to file, or threaten to file, a civil action the person knows is not legally justified; or to file, threaten to file, or cause to be filed, a criminal action the person knows is not legally justified, or to testify or provide information, or withhold testimony or information, with respect to a person’s legal claim or defense.

(b) “Aggravated sexual assault or abuse” means Sexual Assault in the First Degree, as described in 6 CMC § 1301(a)(l) or 6 CMC § 1301(a)(2); Sexual Assault in the Second Degree, as described in 6 CMC § 1302(a)(3) of that section; Sexual Abuse of a Minor in the First Degree as described in 6 CMC § 1306(a); Sexual Abuse of a Minor in the Second Degree, as described in 6 CMC § 1307(a)(l).

(c) “Coercion” or “criminal coercion” are to be given their ordinary meaning as defined by 6 CMC § 1431.

(d) “Commercial sex act” means any sex act or sexual conduct, including sexually explicit performances, on account of which anything of value is exchanged, given, promised to, or received by any person.

(e) “Commonwealth” means the Commonwealth of the Northern Mariana Islands, and its surrounding territorial waters, to the extent those waters are recognized as within the boundaries of the Commonwealth’s criminal jurisdiction, customs enforcement jurisdiction, fish and wildlife jurisdiction, or environmental protection jurisdiction, whichever is greater.

(f) “Debt bondage” means to use any debt, legally owed or otherwise, to force, compel, or pressure a person into doing any act from which the person has a legal right to abstain, as a means of discharging the debt, when a reasonable person in the situation would believe he or she had no reasonable alternative means of discharging the debt.

(g) “Financial harm” includes extortion as defined in 6 CMC § 1604, criminal violation of the usury law, as defined by 3 CMC § 5303, or employment contracts that violate the statute of frauds, as defined by 5 CMC § 2201.

(h) “Forced Labor or Services” means labor or services that are performed or provided by another person and are obtained or maintained through an actor’s:

(1) Causing, attempting to cause, or threatening to cause injury to any person;

(2) Physically restraining, attempting to physically restrain, or threatening to physically restrain, any person;

(3) Abusing, attempting to abuse, or threatening to abuse the law or legal process;

(4) Engaging in conduct described in the criminal coercion statute, 6 CMC § 1431(a);

(5) Knowingly destroying, concealing, removing, confiscating or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person;

(6) Causing, attempting to cause, or threatening to cause financial harm to any person; or

(7) Subjecting another to debt bondage.

(i) “Homicide” means murder in any degree or manslaughter.

(j) “Injury” means physical or bodily injury, or severe psychological trauma.

(k) “Intentionally” means that the person’s conscious objective is to cause that result; when intentionally causing a particular result is an element of an offense, that intent need not be the person’s only objective.

(l) “Knowingly” means that the person is aware that the conduct is of a certain nature or that a circumstance exists; when knowledge of the existence of a particular fact is an element of an offense, that knowledge is established if a person is aware of a substantial probability of its existence, unless the person actually believes it does not exist; a person who is unaware of conduct or a circumstance of which the person would have been aware had that person not been intoxicated acts knowingly with the respect to that conduct or circumstance.

(m) “Labor or services” means:

(1) Work of economic or financial value, or of other benefit to the person for whom it is done; or

(2) A relationship between a person and the actor in which the person performs activities under the supervision of or for the benefit of the actor. Commercial sex acts are forms of “labor or services” under this section. Nothing in this Act shall be construed to legitimize or legalize prostitution.

(n) “Maintain” means, in relation to labor or services, to secure continued performance thereof, regardless of any initial agreement on the part of the victim to perform such type of service.

(o) “Obtain” means, in relation to labor or services, to secure performance thereof.

(p) “Physical injury” means a physical pain or an impairment of physical condition.

(q) “Physically restrain” means to exercise physical control over, or to confine for a substantial period.

(r) “Prostitution,” means to offer to engage in, agree to engage in, or to actually engage in, sexual conduct, in exchange for a fee, and also includes Promoting Prostitution, as described in 6 CMC § 1344, and Permitting Prostitution, as described in 6 CMC § 1345.

(s) “Recklessly” means the person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists; the risk must be of such a nature and degree that disregard of it constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation.

(t) “Sexual act” or “sexual conduct” means sexual penetration or sexual contact, as defined in 6 CMC § 1317.

(u) “Sexually-explicit performance” means a live performance, film, audio, video, electronic or electromagnetic recording, photograph, negative, slide, book, newspaper, magazine or other material that visually or aurally depicts the following actual or simulated conduct:

(1) Any sexual act as defined by 6 CMC § 1317;

(2) Masturbation;

(3) Bestiality;

(4) The lewd exhibition of a person’s genitals; or

(5) Sexual masochism or sadism.

(v) “Transports” means to:

(1) Take or carry a person into or away from the Commonwealth;

(2) Conspire with another to take or carry a person into or away from the Commonwealth;

(3) Attempt to take or carry a person into or away from the Commonwealth; or

(4) Knowingly assist another in transporting a person into or away from the Commonwealth.

(w) “Victim of trafficking” means a person subjected to the practices set forth in Section 6 CMC § 1502 (Involuntary Servitude), or recruited, enticed, harbored, transported, provided or obtained in violation of Section 6 CMC § 1503 (Human Trafficking for Involuntary Servitude), or recruited, enticed, harbored, transported, provided, or procured in violation of Section 6 CMC § 1504 (Sexual Servitude of a Minor).

A person commits the crime of human trafficking for involuntary servitude if the person:

(a) Knowingly recruits, transports, entices, harbors, provides, or obtains by any means, another person, knowing or with the intent that the person will be subjected to involuntary servitude; or

(b) Conspires with another or attempts to engage in conduct described in subsection (a), supra; or

(c) Benefits financially or receives anything of value, from knowing participation in a venture which has engaged in an act described in violation of subsections (a) or (b), supra

(a) Identity theft. A person commits the offense of identity theft when he or she knowingly:

(1) Uses any personal identifying information or personal identification document of another person to fraudulently obtain credit, money, goods, services, or other property, or

(2) Uses any personal identifying information or personal identification document of another with intent to commit any felony theft or other felony violation of Commonwealth law not set forth in paragraph (1) of this subsection (a), or

(3) Obtains, records, possesses, sells, transfers, purchases, or manufactures any personal identifying information or personal identification document of another with intent to commit or to aid or abet another in committing any felony theft or other felony violation of Commonwealth law, or

(4) Uses, obtains, records, possesses, sells, transfers, purchases, or manufactures any personal identifying information or personal identification document of another knowing that such personal identifying information or personal identification documents were stolen or produced without lawful authority, or

(5) Uses, transfers, or possesses document-making implements to produce false identification or false documents with knowledge that they will be used by the person or another to commit any felony theft or other felony violation of Commonwealth law.

(b) Knowledge shall be determined by an evaluation of all circumstances surrounding the use of the other person’s identifying information or document.

(c) When a charge of identity theft of credit, money, goods, services, or other property exceeding a specified value is brought the value of the credit, money, goods, services, or other property is an element of the offense to be determined by the trier of fact as either exceeding or not exceeding the specified value.

(d) Sentence.

(1) A person convicted of identity theft in violation of paragraph (1) of subsection (a) shall be sentenced as follows:

(A) Identity theft of credit, money, goods, services, or other property not exceeding $250 in value is guilty of a misdemeanor and may be punished by imprisonment for less than one year or a fine of up to $1,000 or both. A person who has been previously convicted of identity theft of less than $250 who is convicted of a second or subsequent offense of identity theft of less than $250 is guilty of a felony and may be punished by imprisonment of not less than one year and not more than three years or a fine of up to $5,000 or both.

(B) Identity theft of credit, money, goods, services, or other property exceeding $250 and not exceeding $2,000 in value is a felony punished by imprisonment of not less than one year and not more than three years or a fine of up to $5,000 or both.

(C) Identity theft of credit, money, goods, services, or other property exceeding $2,000 and not exceeding $10,000 in value is a felony and may be punished by imprisonment of not less than two years and not more than five years or a fine of up to $15,000 or both.

(D) Identity theft of credit, money, goods, services, or other property exceeding $10,000 and not exceeding $100,000 in value is a felony punished and may punished by a term of imprisonment of not less than three years and not more than seven years or a fine of up to $20,000 or both.

(E) Identity theft of credit, money, goods, services, or other property exceeding $100,000 in value is a felony and may be punished by a term of imprisonment of not less than five years and not more than ten years or a fine of up to $25,000 or both.

(2) A person convicted of any offense enumerated in paragraphs (2) through (5) of subsection (a) is guilty of a felony and may be punished by a term of imprisonment of not less than one year and not more than three years or a fine of up to $5,000 or both.

(3) A person convicted of any offense enumerated in paragraphs (2) through (5) of subsection (a) a second or subsequent time is guilty of a felony and may be punished by a term of imprisonment of not less than two years and not more than five years or a fine of up to $15,000 or both. The question of guilt of a second or subsequent offense shall be determined by the jury that returned a verdict of guilty on the offense before the Court unless the defendant in the offense before the Court pleads guilty to the second or subsequent offense.

(4) A person who, within a 12 month period, is found in violation of any offense enumerated in paragraphs (2) through (5) of subsection (a) at least three times, either at the same time or consecutively, is guilty of a felony and may be punished by a term of imprisonment of not less than two years and not more than five years or a fine of up to $15,000 or both.