Section 80E1/2. Whoever puts an animal to death by drowning shall be punished by imprisonment in the state prison for not more than 7 years in state prison or imprisonment in a jail or house of correction for not more than 21/2 years, by a fine of not more than $5,000 or by both such fine and imprisonment for a first offense and punished by imprisonment in the state prison for not more than 10 years, by a fine of not more than $10,000 or by both such fine and imprisonment for a second or any subsequent offense.