Violation a Misdemeanor

19.1. Any person who violates any of the provisions of W. Va. Code §35-5B-1 et seq. is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) for each occurrence, or incarcerated in the county or regional jail for a term not to exceed one year, or both fined and incarcerated.

19.2. Any person who violates any of the provisions of W. Va. Code §35-5B-1 et seq. shall for a second offense be guilty of a felony and, upon conviction thereof, shall be fined not less than five hundred dollars ($500.00) nor more than three thousand dollars ($3,000.00), or incarcerated in the penitentiary not less than one nor more than three years, or, in the discretion of the court, be incarcerated in the county jail for a term not to exceed one year.