§183D-5  Penalties.  (a)  Any personviolating section 183D-21, 183D-25, 183D-33, or 183D-63 or any rule adoptedunder this chapter shall be guilty of a petty misdemeanor, and upon convictionthereof, shall be punished as follows:

(1)  For a first conviction, by a mandatory fine ofnot less than $100, or imprisonment of not more than thirty days, or both;

(2)  For a second conviction within five years of aprevious conviction, by a mandatory fine of not less than $500, or byimprisonment of not more than thirty days, or both, and all firearms used inthe commission of such violations shall be considered contraband to beforfeited to and disposed of by the State; and

(3)  For a third or subsequent conviction within fiveyears of the first two or more convictions, by a mandatory fine of not lessthan $1,000, or by imprisonment of not more than thirty days, or both, and allfirearms used in the commission of such violations shall be consideredcontraband to be forfeited to and disposed of by the State.

(b)  Any person violating section 183D-25.5,183D-26, 183D-27, 183D-32, 183D-62, or 183D-64 shall be guilty of amisdemeanor, and upon conviction thereof, shall be punished as follows:

(1)  For a first conviction by a mandatory fine of notless than $200, or by imprisonment of not more than one year, or both;

(2)  For a second conviction within five years of aprevious conviction, by a mandatory fine of not less than  $1,000, or byimprisonment of not more than one year, or both, and all firearms used in thecommission of such violations shall be considered contraband to be forfeited toand disposed of by the State; and

(3)  For a third or subsequent conviction within fiveyears of the first two or more convictions, by a mandatory fine of not lessthan $2,000, or by imprisonment of not more than one year, or both, and allfirearms used in the commission of such violations shall be consideredcontraband to be forfeited to and disposed of by the State.

(c)  Any person who violates section 183D-35,183D-36, 183D-37, 183D-38, 183D-39, 183D-40, or 183D-42 shall be guilty of apetty misdemeanor, and upon conviction thereof, shall be fined not less than$100 or imprisoned not more than thirty days, or both.

(d)  In addition to any other penalty imposedunder this section, a mandatory fine of $100 shall be levied for each birdillegally taken under this chapter and a mandatory fine of $500 shall be leviedfor each mammal illegally taken under this chapter.

(e)  Any person who is convicted of violatingany of the game laws of the State shall immediately have their hunting licenseforfeited and any person convicted for a second offense shall not be granted alicense to hunt for a period of three years after the date of the secondconviction.

(f)  The court, in lieu of the actual cashpayment of any mandatory fine, may allow the defendant to perform suchcommunity service as directed by the department of land and natural resourcesat the rate of one hour of service for every $10 of mandatory fine imposed.

(g)  Any criminal action against a person forany violation of this chapter shall not be deemed to preclude the State frompursuing civil legal action to recover administrative fines and costs againstthat person.  Any civil legal action against a person to recover administrativefines and costs for any violation of subtitle 4 of title 12 or any rule adoptedthereunder shall not be deemed to preclude the State from pursuing any criminalaction against that person. [L 1985, c 174, pt of §4; am L 1996, c 50, §2 and c152, §2; am L 1999, c 196, §1]