§188-70  Penalties.  (a)  Any person
violating any provision of or any rule adopted pursuant to this chapter, except
sections 188-23 and 188-39.5, is guilty of a petty misdemeanor and, in addition
to any other penalties, shall be fined not less than:



(1)  $100 for a first offense;



(2)  $200 for a second offense; and



(3)  $500 for a third or subsequent offense.



(b)  Any person violating section 188-23, is
guilty of a class C felony and shall be sentenced pursuant to chapter 706;
provided that the court, in addition to any term of imprisonment or any other
terms and conditions of probation, shall order the defendant to pay a fine of
not less than $1,000.  Notwithstanding section 706-669 and any other law to the
contrary, any person in violation of subsection (b), as a first offense, shall
be sentenced to a mandatory minimum period of imprisonment without possibility
of parole for thirty days.  Repeat offenders shall be sentenced pursuant to
chapter 706.



(c)  The fines specified in this section shall
not be suspended or waived. [L 1981, c 85, §77; am L 1988, c 374, §2; am L
1993, c 256, §4; am L 1999, c 195, §6; am L 2009, c 92, §3]



 



Cross References



 



  General
administrative penalties, see §187A-12.5.



 



Case Notes



 



  As sentencing court
limited to alternatives expressly enumerated in this section and probation not
an enumerated alternative, offense of fishing with gill nets under §188-30.2
nonprobationable; thus, under §853-4(5), deferred acceptance of no contest plea
not allowed for that offense.  87 H. 102, 952 P.2d 390.