§ 57-33. Penalties for offenses.


Latest version.
  • A. 
    Any person convicted of violating § 57-3, 57-5A or 57-7A shall be guilty of a violation and punishable as follows:
    (1) 
    For a first conviction, by a fine of not less than $50 nor more than $250.
    (2) 
    For a second or subsequent conviction within five years of a previous conviction for a like offense, by a fine of not less than $250 nor more than $500.
    B. 
    Any person convicted of violating any of the provisions of § 57-11, 57-13, 57-16, 57-18, 57-21, 57-22 or 57-23 shall be guilty of a violation and punishable as follows:
    (1) 
    For a first conviction, by a fine of not less than $100 nor more than $250.
    (2) 
    For a second or subsequent conviction within five years of a previous conviction for a like offense, by a fine of not less than $250 nor more than $500.
    C. 
    Any person convicted of violating any of the provisions of § 57-4, 57-5B, 57-10C or D, 57-14B, 57-19, 57-24, 57-27C or D, 57-29 or 57-30A shall be guilty of a violation and punishable as follows:
    (1) 
    For a first conviction, by a fine of not less than $200 nor more than $500.
    (2) 
    For a second or subsequent conviction within five years of a previous conviction for a like offense, by a fine of not less than $500 nor more than $1,000.
    D. 
    Any person convicted of a violation of any of the provisions of §§ 57-14A, 57-15, 57-17 and 57-20A shall be guilty of the following:
    (1) 
    A violation for a first conviction, punishable by a fine of not less than $250 nor more than $500 or by imprisonment of not less than three months nor more than one year, or by both such fine and imprisonment.
    (2) 
    A misdemeanor for a second or subsequent conviction within five years of a previous conviction for a like offense, punishable by a fine of not less than $500 nor more than $1,000 or by imprisonment for not less than six months nor more than one year, or by both such fine and imprisonment.
    E. 
    Any person convicted of violating the provisions of § 57-7B shall be guilty of a misdemeanor and punishable by a fine of not less than $500 nor more than $1,000 or by imprisonment for not less than six months nor more than one year, or by both such fine and imprisonment.
    F. 
    Any person convicted of the simultaneous violation of §§ 57-14A, 57-15 and 57-17 shall be guilty of a misdemeanor and punishable by a fine of not less than $500 nor more than $1,000 or by imprisonment for not less than six months nor more than one year, or by both such fine and imprisonment. A conviction of having simultaneously violated §§ 57-14A, 57-15 and 57-17 shall result in the immediate and permanent revocation of all shellfish permits issued hereunder.
    G. 
    Any person convicted of violating any of the provisions of § 57-20B shall be guilty of the following:
    (1) 
    For a first conviction involving undersized clams in excess of 3% but less than 10% of the total catch: a violation punishable by a fine of not less than $100 nor more than $250.
    (2) 
    For a first conviction involving undersized clams in excess of 10% but less than 50% of the total catch: a violation punishable by a fine of not less than $250 nor more than $500.
    (3) 
    For a first conviction involving undersized clams in excess of 50% of the total catch: a misdemeanor, punishable by a fine of not less than $500 nor more than $1,000 or by imprisonment for not less than six months, nor more than one year, or by both such fine and imprisonment, and immediate revocation of any and all current shellfish permits for a period of not less than one year.
    (4) 
    For a second conviction involving undersized clams in excess of 3% but less than 10% of the total catch: a violation punishable by a fine of not less than $250 nor more than $500.
    (5) 
    For a second conviction involving undersized clams in excess of 10% but less than 50% of the total catch: a violation punishable by a fine of not less than $500 nor more than $1,000.
    (6) 
    For a second conviction involving undersized clams in excess of 50% of the total catch: a misdemeanor punishable by a fine of not less than $1,000 nor more than $1,500 or by imprisonment for not less than six months nor more than one year, or by both such fine and imprisonment, and immediate, permanent revocation of any and all shellfish permits.