Every natural or juridical person who violates § 320d of this title by him/herself or through an agent or employee, shall be guilty of a felony and upon conviction, shall be sentenced: for the first violation, to imprisonment for a fixed term of three (3) years. If there are aggravating circumstances, the established fixed penalty could be increased to a maximum of five (5) years; if there are extenuating circumstances, the penalty could be reduced to a minimum of two (2) years.
The court, at its discretion, may impose the established fixed penalty of confinement, and a fine equal to twice the worth of the smuggled coffee, or ten thousand dollars ($10,000), whichever of the two is greater, or any combination thereof.
In case of a second offense, the penalty to be imposed shall be twice the aggravated penalty, and twice the fine. The court, at its discretion, may impose the fixed penalty of confinement, a fine, or any combination thereof.
History —Oct. 29, 1992, No. 82, § 6; Aug. 13, 1994, No. 80, § 1.