(1) (a) As used in this section, "conviction" means a conviction by plea or by verdict, including a plea of guilty or no contest that is held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance , regardless of whether the charge was, or is, subsequently reduced or dismissed in accordance with the plea in abeyance agreement. (b) Terms defined in Sections 76-1-101.5 and 76-13-101 apply to this section. (2) Except as provided in Subsection (4) , an actor who commits a violation of Section 76-13-202 , 76-13-203 , 76-13-206 , or 76-13-208 within the state and on at least one previous occasion has been convicted of violating Section 76-13-202 , 76-13-203 , 76-13-206 , or 76-13-208 shall be subject to an enhanced penalty as provided in Subsection (3) . (3) The enhanced degree of offense for offenses committed under this section are: (a) if the offense is a class C misdemeanor, it is a class B misdemeanor; and (b) if the offense is a class B misdemeanor, it is a class A misdemeanor. (4) The penalty enhancements described in this section do not apply to a conviction for the offense described in Section 76-13-204 , Torturing a companion animal. Renumbered and
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