If a person commits a second or subsequent offense under this section, the punishment is

• A. 3rd Degree
• B. 1st Degree
• C. 2nd Degree
• D. State Jail Felony

Answer: (C)

When a person has a second or subsequent conviction under the same section, the law treats it as a more serious offense. In this item, that repeat-offense rule assigns a second-degree felony for a second or later offense. That places the punishment above a State Jail or a third-degree felony but below a first-degree felony. Specifically, a second-degree felony carries imprisonment from 2 to 20 years and a fine up to $10,000. The idea is to deter repeat violations by escalating the penalty higher than for a first offense, using the degree system to reflect increasing severity. The other options represent lower or higher categories that aren’t dictated by the repeat-offense rule in this section, so the second-degree designation is the correct choice here.