A person who uses the work of a prisoner or enters into a contract to lease and use the work of a prisoner convicted of a misdemeanor in violation of §§ 12-42-104 — 12-42-107 upon conviction is guilty of an unclassified misdemeanor punishable by a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) and may be imprisoned not exceeding ninety (90) days.