Which statement best describes the progression of penalties under this section?

• A. All offenses carry the same penalty
• B. First offense is 3rd Degree; second or subsequent is 2nd Degree
• C. First offense is 2nd Degree; second or subsequent is 1st Degree
• D. First offense is 3rd Degree; second offense is 1st Degree

Answer: (B)

This question is about how penalties are structured to rise with repeat offenses. Under this section, the first time someone commits the offense, the penalty is at the 3rd Degree level, which is less severe. If the offense occurs again, the penalty increases to the 2nd Degree for the second offense and for any subsequent offenses. This setup uses a two-tier system to deter repeat violations by imposing greater consequences after the initial offense, rather than keeping penalties the same or jumping straight to the most severe level.

Options that keep penalties the same across offenses or that skip directly to the most severe level don’t fit this described scheme, nor do they reflect the idea of stepping up to a higher degree specifically after a first offense.