A person violating the provision of Section 16-13-65 is guilty of a misdemeanor and, upon conviction:

1. (1) for the first offense, must be fined an amount not to exceed five hundred dollars or imprisoned for a term not to exceed one year, or both, and shall pay restitution to the culturist an amount determined by the court.
2. (2) for a second offense, must be fined an amount not to exceed two thousand dollars or imprisoned for a term not less than two months and thirty days community service nor more than one year, or both, and shall pay restitution to the culturist an amount determined by the court. Furthermore, all equipment, including, but not limited to, vehicles, fishing devices, coolers and nets must be seized and forfeited to the court.

3. (3) for a third or subsequent offense, must be fined an amount not to exceed five thousand dollars or imprisoned for a term not less than six months nor more than two years, or both, and shall pay restitution to the culturist an amount determined by the court. Furthermore, all equipment, including, but not limited to, vehicles, fishing devices, coolers, and nets must be seized and forfeited to the court.

   Provided further, that if the value of such property stolen or damaged is less than one hundred dollars, the case shall be tried in magistrate's court and the punishment shall be no more than is permitted by law without presentment or indictment by a grand jury.