§ 2577. Penalty (a) A person convicted of the offense of retail theft of merchandise having a retail value not in excess of $250.00 shall be punished by a fine of not more than $500.00 or imprisonment for not more than 30 days, or both. (b) A person convicted of the offense of retail theft of merchandise having a retail value in excess of $250.00 and not in excess of $900.00 shall: (1) for a first offense, be punished by a fine of not more than $500.00 or imprisonment for not more than six months, or both; (2) for a second offense, be punished by a fine of not more than $1,000.00 or imprisonment for not more than two years, if the second offense occurs not more than two years after the first offense; (3) for a third offense, be punished by a fine of not more than $1,500.00 or imprisonment for not more than three years, or both, if the third offense occurs not more than two years after the second offense; or (4) for a fourth or subsequent offense, be punished by a fine of not more than $2,500.00 or imprisonment for not more than 10 years, or both, if the fourth or subsequent offense occurs not more than two years after the immediately preceding offense. (c) A person convicted of the offense of retail theft of merchandise having a retail value in excess of $900.00 shall be punished by a fine of not more than $1,000.00 or imprisonment for not more than 10 years, or both. (d) Notwithstanding the provisions of subsections (a) and (b) of this section, a person convicted of retail theft pursuant to: (1) Subdivision 2575(4) of this title shall be imprisoned not more than two years or fined not more than $1,000.00, or both. (2) Subdivision 2575(5), (6), or (7) of this title shall be imprisoned for not more than 10 years or fined not more than $5,000.00, or both.
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