(a) Any person who is present on the premises of any public or private school, whether on the school grounds or in a school building, without lawful purpose or authority, and who gains entry unto such school grounds or premises by wearing the official school uniform of that school, thus, impersonating a student, and who commits an offense covered under the criminal code of the Virgin Islands, shall be fined not less than $500 nor more than $2,500 and may be imprisoned for a term of up to six months. A sentence of conviction on any other count for the same incident of unauthorized presence while impersonating a student shall be served consecutively rather than concurrently. Notwithstanding any other provision of law, with respect to any person sixteen years or over who is found to have violated this section, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld, nor shall such person be eligible for parole prior to serving the mandatory minimum term of imprisonment prescribed by this section.
(b) Persons under 16 years of age who are found to be in violation of this section shall be referred for counseling, under the auspices of the Department of Human Services, if no other violation has occurred, and may be required to perform community service for a term of 6 months at the school in which the violation occurred or at some other location as determined by the court. If a conviction on any other violation, such as theft, vandalism or assault, is obtained, the court may, in its discretion, require commitment to the juvenile correctional facility in lieu of or in conjunction with, referral for counseling.