66-4-9. Penalty for destroying or dismantling in violation of the act.
A. Any person violating any provision of Sections 66-3-119 and 66-3-121, 66-3-123 through 66-3-125 and 66-4-1 through 66-4-9 NMSA 1978 is guilty of a misdemeanor and shall be punished by a fine of three hundred dollars ($300) or by imprisonment for not less than thirty days, or both.
B. The penalty upon second conviction of such offense shall be that provided for a fourth degree felony.