(a) Whoever, in connection with a proceeding for violation of a criminal law of the Virgin Islands, has been released before conviction or prior to the commencement of his sentence, and who willfully fails to appear before any court or judicial officer as required, shall, subject to the provisions of the Federal Rules of Criminal Procedure and the rules governing criminal procedure established by the Supreme Court for the Superior Court, incur a forfeiture of any security which was given or pledged for his release, and in addition, shall
(1) if he was released in connection with a charge of felony, or while awaiting sentence or pending appeal or certiorari prior to the commencement of his sentence after conviction of any offense, be fined not more than $5,000 and imprisoned not less than one year and not more than five years;
(2) if he was released in connection with a charge of misdemeanor, be fined not more than the maximum provided for such misdemeanor and imprisoned not more than one year; or
(b) The trier of facts may convict under this section even if the defendant has not received actual notice of the appearance date if (1) reasonable effort to notify the defendant has been made, and (2) the defendant, by his own actions purposefully frustrated the receipt of actual notice.