2. Criminal.__A person who violates a rule regulating licensed guides or camp trip leaders and course instructor certificates after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.

Sec. 317. 12 MRSA §12853, sub-§§1 and 2, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, are amended to read:

1. Prohibition. Except as provided in subsection 7, a person may not act as a guide without a valid license issued under this chapter. A person violates this subsection each day the person acts as a guide without a valid license issued under this chapter.

2. Penalty. A person who violates subsection 1 commits a Class D crime for which the court shall impose a sentencing alternative involving a term of imprisonment of 3 days, none of which may be suspended. The court shall also impose a fine of $1,000, none of which may be suspended. A person violates subsection 1 each day that person acts as a guide without a valid license issued under this chapter.

Sec. 318. 12 MRSA §12857, sub-§2, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is repealed and the following enacted in its place:

2.__Penalty.__The following penalties apply to violations of this section.

A.__A person who violates subsection 1 commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.

B.__A person who violates subsection 1 after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.

Sec. 319. 12 MRSA §12858, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is repealed and the following enacted in its place: