Similarly, the Court noted that nothing in the dictionary definition or our prior caselaw explicitly addresses whether exposes, for purposes of the statute, is limited to in-person scenarios or also includes electronic transmission of images. Sexual Offences Act 2003, s 66 (1) 66.. Colorado has two separate laws prohibiting nudity or exposing genitals. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 30 days to 10 years imprisonment and a $500 to $20,000 fine. 2001 Cornell College and Get registered Sex Offenders Registry in 112 14th St Nw, Mason City, IA 50401 on Offender Radar which is a free search database. A person is guilty of indecent exposure if they do any of the following acts with the intent to arouse, appeal to, or gratify their lust, passions, or sexual desires: Ohio's public indecency statute outlaws indecent exposure of a person's private parts. Empirical research shows that the Court's statutory decisions in recent years rely on legislative history less frequently than they did a generation ago. Lascivious acts with a child. Sophisticated textualists like Justice Scalia sometimes say that this sort of material is admissible in the search for statutory meaning, because it constitutes part of the context and background against which the legislature acted. The exposure also must be for sexual arousal or gratification. Child Support Indecent exposure, third or subsequent conviction: Class C felony, Up to 3 months in jail and up to a $500 fine for public lewdness, Up to 1 year in jail and up to a $6,000 fine for indecent exposure, 1 year and 1 day to 10 years imprisonment and up to a $15,00 fine for a third or subsequent indecent exposure conviction, with reckless disregard for the offensive, insulting, or frightening effect the act may have, or after having a previous indecent exposure conviction, Indecent exposure in the second degree: Class B misdemeanor, Indecent exposure in the second degree in the presence of a person younger than 16: Class A misdemeanor, Indecent exposure in the first degree: Class C felony, Indecent exposure in the first degree in the presence of a person younger than 16: Class B felony, Up to 90 days imprisonment and up to a $2,000 fine for a Class B misdemeanor, Up to 1 year imprisonment and up to a $25,000 fine for a Class A misdemeanor, Up to 5 years imprisonment and up to a $50,000 fine for a Class C felony, Up to 10 years imprisonment and up to a $100,000 fine for a Class B felony, exposes one's genitals or anus or for a woman to expose the areola or nipple of her breast or breasts, with reckless disregard about whether the other person would be offended or alarmed by the act, Third or subsequent conviction: Class 6 felony, One or more prior convictions for sexual assault: Class 6 felony, Indecent exposure to a person younger than fifteen: Class 6 felony, Two or more prior felony convictions for indecent exposure: Class 3 felony, Up to 6 months imprisonment, up to a $2,500 fine, Up to 2 years imprisonment and up to a $150,000 fine for a Class 6 felony, 6 to 15 years imprisonment and up to a $150,000 fine for a Class 3 felony, with the purpose to arouse or gratify a sexual desire of oneself or another person, or under circumstances in which the person knows the conduct is likely to cause affront or alarm, Fourth or fifth conviction: Class D felony, Sixth or subsequent conviction: Class C felony, Up to 1 year imprisonment, up to a $2,500 fine, Up to 6 years imprisonment and up to a $10,000 fine for a fourth or fifth conviction, 3 to 10 years and up to a $10,000 fine for a sixth or subsequent conviction, or in any place where there are present other persons to be offended or annoyed, Committing indecent exposure after entering another's home or an inhabited building without consent: Felony, Up to 6 months imprisonment, up to a $1,000 fine, Up to 3 years imprisonment, up to a $10,000 fine for a felony, A lewd exposure of the perineum, the anus, the buttocks, the pubes, or the breast of any person with the intent to arouse or to satisfy the sexual desire of any person, A lewd fondling or caress of another person's body, A knowing exposure of the person's genitals to the view of a person under circumstances in which such conduct is likely to cause affront or alarm to the other person, Knowingly exposing one's genitals to any person with the intent to arouse or to satisfy the sexual desire of any person, Knowingly masturbating in a manner that exposes the act to the view of any person, Public indecency, second or subsequent conviction: Class 1 misdemeanor, Indecent exposure, third or subsequent conviction: Class 6 felony, Up to 6 months in jail and up to a $500 fine for a Class 1 petty offense, Up to 1.5 years in jail and up to a $500 fine for a Class 1 misdemeanor, 1 to 1.5 years imprisonment and up to a $1,000 fine for a Class 6 felony, A lewd exposure of the body with intent to arouse or to satisfy the sexual desire of the person. Copyright 2023, Thomson Reuters. Either-way, 6 months/5,000 (2 years). Universal Citation: IA Code 709.9 709.9 Indecent exposure. Misdemeanor indecent exposure or lewdness is fornicating, exposing one's genitals, or performing any other act of gross lewdness under circumstances which the offender should know will likely cause affront or alarm. Hopkinsville, Kentucky Indecent Exposure Criminal Defense Lawyers MoreLaw's Best Lawyers! The length of registration is 15 years. Iowa Code 2001: Section 709.9 709.9 Indecent exposure. More Info. When a statue is ambiguous, it must be interpreted in favor of the defendant, the Court said. Kidnapping In dissent, Justice Michael Streit suggested that the record did not rule out the possibility--and thus that the jury might have found--that Isaac in fact intended to and did derive sexual gratification from the fact that a police officer might catch him in the act. While an unclothed, morning stroll may seem like a refreshing way to start the day, walking around in the buff has a way of grabbing an abnormal amount of attention. Rarick, of, 1825 Deforest Ave., Iowa City, was charged with indecent exposure, which is a serious misdemeanor. There are two statutes that specifically prohibit indecent exposure: Sexual misconduct in the first degree and sexual misconduct involving a child. Oregon has two statutes outlawing indecent exposure: Public indecency and private indecency. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Statutes of Limitations in Iowa. Iowa defines indecent exposure under section 709.9 as having occurred when a person who exposes the persons genitals or pubes to another, or performs as sex act in the presence of or view of another. This type of act can carry a maximum penalty ranging from six (6) months to two (2) years depending on how the Crown proceeds with the case. Please check official sources. The Court explained that the word exposes is not defined in the statute. However, the traditionalists have hardly surrendered to textualism. Iowa Code 728.5 - Public indecent exposure in certain establishments Current as of: 2022 | Check for updates | Other versions 1. Name People with exposure convictions also can find themselves listed on their state's sex offender registry, which can prevent them from getting certain jobs. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University. Iowa indecent exposure laws prevents people from performing sex acts in front of third parties that the performers know are offensive to the viewer. Stephen Newport filed an action under 42 U.S.C. A statute's purpose, in Justice Breyer's view, is simply the purpose that we can best attribute to a reasonable legislator who supported the law. Indecent Exposure & Gary Hodges Chaos & A.C.A.B 2008. court opinions. Criminal Defense As a digital subscriber to Criminal Legal News, you can access full text and downloads for this and other premium content. $3.50 . For both crimes, the exposure must be intentional and offensive to another person. The person does so to arouse or satisfy the sexual desires of either party; and. If you need an attorney, find one right now. Indecent exposure is the exposure of one's genitals with the intent to arouse or gratify the sexual desire of any person in a public place, or in the view of a public place, under circumstances in which the offender knows the conduct is likely to annoy, offend, or alarm another person. The following charges have been filed in area district courts: Cottonwood County. The textualist position in the Isaac case was decidedly pro-defendant, and, as some Supreme Court cases also illustrate, that will often be true in criminal cases. This disclosure is required by the Supreme Court of Iowa. For both crimes, it does not matter whether the act happens in public or private. Indecent exposure is the more serious offense and requires the intent to sexually gratify or arouse. Public includes a private place that can be viewed by others. Please check official sources. It is illegal to willfully, maliciously, and indecently expose one's person in a public place, on property of others, or to the view of any person on a street or highway. Firms. Universal Citation: IA Code 709.9 (2016) 709.9 Indecent exposure. Section 709.9 - Indecent exposure. In Washington, indecent exposure means making an open and obscene exposure of one's private parts knowing that the exposure likely will cause reasonable affront or alarm. 5/2/19. Indecent exposure, S.D. Iowa indecent exposure laws labels this crime as a serious misdemeanor. Indecent exposure in the second degree: Unclassified misdemeanor, Indecent exposure in the first degree: Class A misdemeanor, Up to 30 days imprisonment and up to a $575 fine for an unclassified misdemeanor, Up to 1 year imprisonment and up to a $2,300 fine for a Class A misdemeanor, Make an obscene or indecent exposure of his or her genitalia or anus, Exposing or exhibiting their sexual organs in public or on or visible from the private premises of another in a vulgar or indecent manner, Being naked in public in a vulgar or indecent manner, Intentionally exposing the genitals in a lewd or lascivious manner, Intentionally committing any other sexual act that does not involve actual physical or sexual contact with the victim, Unlawful exposure of sexual organs: Misdemeanor of the first degree, Unlawful exposure of sexual organs, second or subsequent conviction: Felony of the third degree, Lewd or lascivious exhibition: Felony of the second degree, Lewd or lascivious exhibition if the offender is under 18: Felony of the third degree, Up to 1 year imprisonment and up to a $1,000 fine for a misdemeanor of the first degree, Up to 15 years imprisonment and up to a $10,000 fine for a felony of the second degree, Up to 5 years imprisonment and up to a $5,000 fine for a felony of the third degree, A lewd appearance in a state of partial or complete nudity, A lewd caress or indecent fondling of the body of another person, Up to 1 year imprisonment and up to a $1,000 fine, 1 to 5 years and up to a $100,000 fine for a third or subsequent conviction, under circumstances likely to cause affront, Exposes one's genitals in a public place or any place where another person is present and is offended or annoyed by the exposure, Encourage or help another person to expose their genitals in any place where another person is present and is offended or annoyed by the exposure, Up to 10 years imprisonment and up to a $50,000 fine for a second or subsequent conviction, An act of sexual penetration or sexual conduct, A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of the person, Third or subsequent conviction: Class 4 felony, If an adult commits the offense within 500 feet of a school: Class 4 felony, Up to 1 year imprisonment and a $75 to $25,000 fine, 1 to 3 years imprisonment and a $75 to $25,000 fine for a Class 4 felony. Simple assault, domestic incident, was reported Dec. 10 in the 200 block of Sharon Church Road, South Mills. $3,000.00; Charge Description: INDECENT EXPOSURE-EXPOSURE OF SEXUAL ORGAN Bond Amount: $100.00 ** This post is showing arrest information only. Arrests for Nelson Clark . At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Civil Rights featuring summaries of federal and state % You did so within a public place, or in any place within the view of a person who is in a public place. Temporary Matters Furthermore, textualists note, statutes often serve multiple, conflicting purposes. Free Newsletters Private indecent exposure, S.D. MUSCATINE, Iowa - A Muscatine man has been charged with five counts of Indecent Exposure following several incidents on the Muscatine High School property Monday.. A person commits unlawful exposure of sexual organs by doing one of the following: Under Georgia's public indecency statute, it is illegal to expose sexual organs lewdly or be lewdly naked in a public place. Felony indecent exposure is fornicating, exposing one's genitals, or performing any other act of gross lewdness under circumstances that may be reasonably construed as being for the purpose of sexual gratification or arousal, If committed in the presence of a child under the age of 16: Class B felony, If second or subsequent conviction: Class B felony, If two or more previous convictions for felony indecent exposure: Class A felony, Up to 7 years imprisonment and up to a $4,000 fine for a Class B felony, Up to 15 years imprisonment and up to a $4,000 fine for a Class A felony, Indecent exposure is a disorderly persons offense if the offender does any flagrantly lewd and offensive act that they know or reasonably expect will be observed by another nonconsenting person who would be affronted or alarmed. This notice is required by the Supreme Court of Iowa. Indecent exposure is a felony if an adult commits the offense in the presence of a person under 16 or the purpose of arousing or gratifying sexual desire. Nonetheless, legislation is purposive activity, and so, Breyer and others say, judges should strive to give effect to the purpose at which the law aims. 102 reviews A blazing satire of South African apartheid, Indecent Exposure is Tom Sharpe's brilliant follow-up to his Riotous Assembly. Meeting with a lawyer can help you understand your options and how to best protect your rights. 491, 541 (1979-80)), the State needed to produce a victim who saw Isaac's exposed genitals. Please remember that the person listed above does not vote on bills. | Last updated May 17, 2021. Even without reference to the so-called "rule of lenity," which says that ambiguous criminal statutes should be construed narrowly, textualists will be wary of reading laws to cover more than their words clearly say. Indecent exposure does not require proof of intent to offend another or that the exposure was observed. He argued that the word exposes in the statute means exposing in-person ones genitals. You will begin to receive ourDaily News updates. Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice do not mean that a lawyer is a specialist or expert in a field of law, nor do they mean that such lawyer is necessarily any more expert or competent than any other lawyer. Stay up-to-date with how the law affects your life. The Muscatine Police Department received a report Monday (August 23) that a male was exposing himself to female students on Muscatine High School property. INDECENT EXPOSURE - Riots / A Matter Of Time (7) 1984. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow Disclaimer: These codes may not be the most recent version. Child Neglect 17 Jan 2023 22:10:34 It ranges from outright prohibition of the exposure of any body parts other than the hands or face to prohibition of exposure of certain body . Gender: This offence is committed where an offender intentionally exposes his or her genitals and intends that someone will see them and be caused . These two crimes are public indecency and indecent exposure. By DAVID PITT February 2, 2018. According to Penal Code 314 PC , the crime of indecent exposure consists of deliberately exposing the genitals to another person. But this fact alone demonstrates a limit of textualism. Indecent exposure involving a child occurs when a person eighteen years of age or older, with the intent to arouse or gratify the sexual desire of any person, intentionally exposes their genitals to a child thirteen years of age or younger. A court must consider the overall structure and context of the statute, not just specific words or phrases in a vacuum. Taken as a whole, 709.9 criminalizes both the exposure of ones genitals and the commission of a sex act in the presence of or view of a third person.. Incest committed against a dependent adult (as defined in 235B.2) - IOWA CODE 726.2. If observed by a child under 13 years of age or a person with a "mental disease or defect": Crime of the fourth degree, Up to 6 months imprisonment and up to a $1,000 for a disorderly persons offense, Up to 18 months imprisonment and up to a $10,000 fine for a crime of the fourth degree. Iowa may have more current or accurate information. Since indecent exposure in Iowa is a Serious Misdmeanor, the penalty for a conviction can include a jail sentence of up to one year, as well as a fine and probation. Consider two general lessons. #1 INDECENT EXPOSURE AFCF. Section 709.9 - Indecent exposure. exposesthe person's genitals or pubes . The Iowa Court of Appeals has upheld a Davenport man's conviction for indecent exposure, including an enhanced sentencing that will send him to prison for a minimum of 8 years. The person does so to arouse or satisfy the sexual desires of either party; and 2. Indecent exposure also can occur in private under specific circumstances. @~ (* {d+}G}WL$cGD2QZ4 E@@ A(q`1D `'u46ptc48.`R0) Get tailored advice and ask your legal questions. The person does so to arouse or satisfy the sexual desires of either party; and. Contact UsVisitWebsite ViewProfile 1 Verified Attorney Se Habla Espaol Balduchi Law Office, P.C. A person who exposes the person's genitals or pubes to another not the person's spouse, or who commits a sex act in the presence of or view of a third person, commits a serious misdemeanor, if: 1. Taking indecent liberties with a child: Class 5 felony, Taking indecent liberties with a child, second or subsequent conviction: Class 4 felony, Up to 1 year and up to $2,500 fine for a Class 1 misdemeanor, Up to 5 years imprisonment and up to $2,500 fine for a Class 6 felony, Up to 10 years imprisonment and up to $2,500 fine for a Class 5 felony, Up to 10 years imprisonment and up to $100,000 fine for a Class 4 felony, Indecent exposure to a person under the age of 14: Gross misdemeanor, Indecent exposure with a prior conviction for indecent exposure or a sex offense: Class C felony, Up to 90 days imprisonment and up to $1,000 fine, Up to 1 year imprisonment and up to $5,000 fine if exposure is to a person under 14, Up to 5 years imprisonment and up to $10,000 fine if the offender has a prior conviction for indecent exposure or a sex offense, Up to 12 months imprisonment and up to $500 fine if the exposure was done for the purpose of sexual gratification, 30 days to 12 months imprisonment and up to $1,000 fine for a second conviction, 1 to 5 years and up to $3,000 fine for a third or subsequent conviction, Committing an indecent act of sexual gratification with another with knowledge that they are in the presence of others, Publicly and indecently exposes genitals or pubic area, Complex criminal defense situations usually require a lawyer, Defense attorneys can help protect your rights, A lawyer can seek to reduce or eliminate criminal penalties. Up to 30 days imprisonment, up to a $1,000 fine. In the offender's residence, knowingly and intentionally for the purpose of sexual arousal or gratification exposing the genitals, butt, or female breasts or masturbating in the presence (or intended presence) of a child under the age of 13. Emergency Injunction Attorney-Client Relationship If an adult exposes genitals, buttocks, or female breast to a child under 13 in a private residence, then the penalties are more severe. However, Vermont courts have held that these crimes must include a sexual motivation and exposure. Utah has two separate statutes that prohibit indecent exposure: Lewdness and lewdness involving a child. As noted above, the decision in State v. Isaac is a classic example of textualism. The relevant portion of the Iowa indecent exposure statute, Section 709.9 of the Iowa Code, provides: To make things even worse, if the viewer of this breakfast surprise is someone other than the nudist's spouse, this attention can quickly lead to a handful of crimes. Indecent exposure is considered a misdemeanor in most . Indecency with a child includes exposing one's anus or any part of the genitals, knowing a child under 17 is present, with the intent to arouse or gratify the sexual desire of any person. Isaac was tried and convicted for indecent exposure and other offenses not relevant here, but the Iowa Supreme Court reversed the indecent exposure conviction. In Arkansas, it is considered indecent exposure to expose one's sex organs in public view or under circumstances that will cause affront or alarm. Rhode Island's indecent exposure law prohibits exposing one's genitals for sexual gratification in a manner that likely will alarm or distress another person. @Rt CXCP%CBH@Rf[(t CQhz#0 Zl`O828.p|OX (b) he intends that someone will see them and be caused alarm or distress. Domestic Violence Charge Description: INDECENT EXPOSURE-EXPOSURE OF SEXUAL ORGAN Bond Amount: $500.00; . Theft Date: 5/2/19 #1 . Visitation, The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. If you need an attorney, find one right now. 2. Had the Isaac court bothered to consider this history, it might have come closer to the reading advanced by dissenting Justice Streit. Copyright 2023, Thomson Reuters. IA Code 709.9 (through 2013) . In Alaska, indecent exposure means purposely exposing one's genitals with reckless disregard of the offensiveness of the act. Free shipping for many products! Although it is a less serious charge than public indecency, it can still have major ramifications. Last week, in State v. Isaac, the Iowa Supreme Court reversed a man's conviction for indecent exposure. Indecent exposure means doing any of the following acts in a place other than a public place with the intent to be seen by persons other than invitees and occupants: Public nudity with the intent to be seen by another person: Class B misdemeanor, Public nudity on school grounds, at a public park, or with the intent to arouse sexual desires on a department of natural resources property: Class A misdemeanor, Public indecency, second or subsequent conviction: Level 6 felony, Up to 60 days imprisonment and up to a $500 fine for a Class C misdemeanor, Up to 180 days imprisonment and up to a $1,000 fine for a Class B misdemeanor, Up to 1 year imprisonment and up to a $5,000 fine for a Class A misdemeanor, 6 months to 2.5 years and up to a $10,000 fine for a Level 6 felony, Expose their genitals or pubic area to another not the person's spouse, Commit a sex act in the presence of or view of a third person, Masturbating in a child's presence: Aggravated misdemeanor, Up to 1 year imprisonment and a fine of $430 to $2,560, Up to 2 years imprisonment and a fine of $850 to $8,500 for masturbating in a child's presence, Publicly engaging in otherwise lawful sexual intercourse or sodomy with knowledge or reasonable anticipation that the participants are being viewed by others, Publicly exposing a sex organ with the intent to arouse or gratify the sexual desires of the offender or another, Exposing a sex organ in the presence of a person who is not the spouse of the offender and who has not consented with the intent to arouse or gratify the sexual desires of the offender or another, If committed in the presence of a person under 16 years of age: Severity level 9, person felony, 5 to 17 months and up to a $100,00 fine if committed in the presence of a person under 16 years of age, under circumstances in which one knows or should know that the conduct is likely to cause affront or alarm, First or second degree indecent exposure: Class B misdemeanor, Second conviction for first degree indecent exposure: Class A misdemeanor, Third or subsequent conviction for first degree indecent exposure: Class D felony, Up to 90 days imprisonment and up to a $250 fine, Up to 12 months imprisonment and up to a $500 fine for two convictions for offenses committed in the presence of a minor, 1 year to 5 years imprisonment and a $1,000 to $10,000 fine for three or more convictions for offenses committed in the presence of a minor, intentionally expose one's genitals, pubic hair, anus, vulva, or female breast nipples, in any public place or place open to the public view, or in any prison or jail, with the intent of arousing sexual desire or which appeals to prurient interest or is patently offensive, 6 months to 3 years imprisonment and a $1,000 to $2,500 fine for a first conviction, 6 months to 3 years imprisonment and a $2,500 to $5,000 fine for a second conviction, 2 to 5 years imprisonment and a $5,000 to $10,000 fine for a third or subsequent conviction, 2 to 5 years imprisonment without parole, probation, or suspension of sentence and up to a $10,000 fine for an offense committed in the presence of someone under 17 years of age, Knowingly expose their genitals in public under circumstances that in fact are likely to cause affront or alarm, Expose their genitals in a private place with the intent that they be seen from a public place or from another private place, Expose their genitals in a private place with the intent that they be seen by another person in that private place under circumstances that the actor knows are likely to cause affront or alarm, Cause someone under age 14 to expose their genitals to the actor, Indecent conduct, third or subsequent conviction: Class D crime, Visual sexual aggression against a child: Class D crime, Visual sexual aggression against a child younger than 12 years of age: Class C crime, Up to 6 months imprisonment and up to a $1,000 fine for a Class E crime, Up to 1 year imprisonment and up to a $2,000 fine for a Class D crime, Up to 5 years imprisonment and up to a $5,000 fine for a Class E crime, intentionally exposing genitals, buttocks, or female breasts, in a public place or a place where someone else reasonably could be expected to see the exposure, one or more persons were offended by the exposure, openly or with reckless disregard of public exposure, in a manner so as to produce alarm or shock; and, actually shocking or alarming one or more persons, Open and gross lewdness and lascivious behavior: Felony, Up to 6 months imprisonment and up to a $200 fine for indecent exposure, Up to 3 years imprisonment and up to a $300 fine for open and gross lewdness and lascivious behavior, In Michigan, indecent exposure is knowingly making any open or indecent exposure of oneself or another person, Aggravated indecent exposure is knowingly making any open or indecent exposure of oneself or another person while fondling one's genitals, pubic area, buttocks, or, if the offender is female, breasts, Up to 1 year imprisonment and up to a $1,000 fine for indecent exposure, Up to 2 years imprisonment and up to a $2,000 fine for aggravated indecent exposure, 1 day to life imprisonment if previously adjudicated a sexually delinquent person, Willfully and lewdly exposing one's body or private parts, Causing another to expose their private parts, Engaging in any other open or gross lewdness or lascivious behavior, or any public indecency, If committed in the presence of a minor under the age of 16: Gross misdemeanor, If commited while restricting another person's freedom to move: Felony, If second conviction for indecent exposure in the presence of a minor under the age of 16: Felony, Up to 90 days imprisonment and up to a $1,000 fine, Up to 1 year imprisonment and up to a $3,000 fine for a gross misdemeanor, Up to 5 years imprisonment and up to a $10,000 fine for a felony, Up to 6 months imprisonment and up to a $500 fine, Up to 1 year imprisonment and up to a $1,000 fine for a second conviction, Up to 5 years imprisonment and up to a $5,000 fine for a third or subsequent conviction. 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