Conviction of Violation of § 69201 Within Five

Years After Two Violations; Punishment.

(a)If any person is convicted of a violation of § 69201 of this Chapter and the offense occurred within five

(5)years of two

(2)separate convictions of a violation of said § 69201 or of two

(2)separate convictions of a prior offense as defined in § 69201(c) of this Chapter, or any combination thereof resulting in two

(2)or more prior convictions, that person shall be guilty of a felony of the third degree and shall be punished by imprisonment in the custody of DOC or GPD for not less than a mandatory ninety

(90)days and not more than five

(5)years and by a fine of not less than Three Thousand Dollars ($3,000.00) nor more than Five Thousand Dollars ($5,000.00).

(b)The court may order that any person punished under this Section be prohibited from operating any motorboat or vessel on any waters of this Territory for a period of not more than five

(5)years.