(a) Except as provided in paragraph (b) of this section, a scrap metals dealer or recycler who knowingly and intentionally violates any of the following commits a misdemeanor punishable by up to 4 days imprisonment or a fine of $500, or both:
(1) Violates section 374 or section 377 of this Chapter;
(2) Fails to keep records required by section 372 of this Chapter;
(3) Violates section 381(4) of this Chapter; or
(4) Violates section 371 of this Chapter.
(b) A scrap metals dealer or recycler who commits a third or subsequent violation of subsection (a) commits a felony, punishable by up to 18 months imprisonment, and any of the following:
(1) a fine of $5,000; or
(2) any higher amount equal to double the pecuniary gain derived by the offender; or
(3) any higher amount equal to double the pecuniary loss suffered by the victim.
(c) A scrap metals dealer or recycler is presumed to know upon receipt of stolen regulated metals property in a purchase transaction that the regulated metals property has been stolen from another if the scrap metals dealer or recycler knowingly and intentionally fails to maintain the information required in section 372 and shall, upon conviction of a violation of Chapter 105 of Title 14 Virgin Islands Code, be punished as set forth therein in addition to any penalties proscribed in this Chapter.
(d) Any person who knowingly gives false verification of ownership or who gives a false or altered identification and who receives money or other consideration from a scrap metals dealer or recycler in return for regulated metals property commits:
(1) A felony, punishable by up to 18 months imprisonment or a fine up to $1,000, or both, if the value of the money or other consideration received is less than $300.
(2) A felony, punishable by up to 24 months imprisonment or a fine up to $5,000, or both if the value of the money or other consideration received is $300 or more.
(e) After two violations of this Chapter by a scrap metal merchant, in addition to the penalties proscribed in subsections (a), (b) and (c), the Department of Licensing and Consumer Affairs may revoke such merchant’s business license.
(f) If a lawful owner recovers stolen regulated metals property from a scrap metals dealer or recycler who has complied with §379 of this Chapter, and the person who sold the regulated metals property to the scrap metals dealer or recycler is convicted of theft, a violation of this section, or dealing in stolen property, the court shall, as part of the sentence, order the person convicted to make full restitution, including, without limitation, attorneys” fees, court costs, and other expenses to the scrap metals dealer or recycler.
(g) A person acting as a scrap metals dealer or recycler who is not registered with the Department under section 380 of this Chapter commits a felony, punishable by up to 24 months imprisonment or a fine up to $5,000, or both.