26.06.020 Penalty for Repeated Offenses

(a) Unless otherwise stated within the statute, any person who was previously convicted of a crime and commits a second offense of the same or similar offense within two (2) years may be subject to one higher Class of offense.

(b) In order to rehabilitate the offender, the judge may, in his discretion order:

(1) community service;

(2) counseling; or

(3) treatment.

(c) These penalties can be imposed in addition to or instead of the penalties provided for a Class [1] one or [2] two offense and may be imposed in addition to a Class [3] three or [4] four offense.