A person who steals tobacco plants, whether severed from the freehold or not, from any tobacco plant beds is guilty of a:

1. (1) felony and, upon conviction, must be imprisoned not more than ten years or fined not more than five hundred dollars if the value of the tobacco plants is five thousand dollars or more;
2. (2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the value of the tobacco plants is more than one thousand dollars but less than five thousand dollars;
3. (3) misdemeanor triable in magistrate's court if the value of the tobacco plants is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.