§142-12  Penalties.  (a)  Any personviolating any provision of this chapter or any rule adopted pursuant thereto,for which action a penalty is not otherwise provided, is guilty of amisdemeanor and, upon conviction thereof, shall be punished as follows:

(1)  For the first conviction, by a fine of not morethan $1,000 or by imprisonment of not more than one year, or both.

(2)  For a second conviction within one year of aprevious conviction, by a fine of not less than $500 nor more than $1,000 or byimprisonment of not more than one year, or both.

(3)  For a third conviction within five years of thefirst conviction, by a fine of not less than $1,000 or by imprisonment of oneyear, or both.

(b)  Any person, carrier, or handler who hasbeen convicted of a violation of this chapter more than three times within afive-year period or whose violation poses a grave or serious health threat tothe State's citizens, animal industry, wildlife, or domestic animals, shall beguilty of a class C felony and upon conviction shall be punished as follows:

(1)  For the first conviction, by a fine of not morethan $5,000 or by imprisonment of not more than five years, or both.

(2)  For a second conviction within five years of aprevious conviction, by a fine of not less than $3,000 nor more than $5,000 orby imprisonment of not more than five years, or both.

(3)  For a third or subsequent conviction within fiveyears of the first conviction, by a fine of not less than $5,000 or byimprisonment of not more than five years, or both.

(c)  In addition to the penalties in subsection(a) or (b) and for the first conviction, the department of agriculture mayimpound, seize, confiscate, destroy, quarantine, sell, auction, or dispose ofany animal, animal product, container, crate, or any other item under thejurisdiction of this chapter in the best interest of the State.

(d)  Persons found to be in possession of anyanimal, fodder, fittings, or effects contrary to this chapter shall be foundguilty and upon conviction shall be punished in accordance with this section.[L 1882, c 34, §8; am L 1903, c 8, §1; RL 1925, §621; RL 1935, §216; RL 1945,§1066; RL 1955, §20-13; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS§142-12; am L 1972, c 86, §2; am L 1983, c 130, §1; am L 1986, c 262, §1]