(1) A person who violates section 39-9306(1) or (2), Idaho Code, shall be guilty of a felony for each violation and shall be subject to a fine not to exceed ten thousand dollars ($10,000), imprisonment in the state prison for a term not to exceed five (5) years, or both.
(2)  A person who violates section 39-9306(3) or (4), Idaho Code, shall be guilty of a misdemeanor and shall be subject to a fine not to exceed one thousand dollars ($1,000), imprisonment in a county jail not to exceed six (6) months, or both. Any person who pleads guilty to or is found guilty of a violation of section 39-9306(3) or (4), Idaho Code, who previously has pled guilty to or been found guilty of a violation of either such subsection, notwithstanding the form of the judgment or withheld judgment, shall be guilty of a felony and shall be subject to a fine not to exceed ten thousand dollars ($10,000), imprisonment in the state prison not to exceed one (1) year, or both.