(d) Presumption of possession with intent to sell.--
(1) There is a rebuttable presumption of possession with
intent to sell a covered animal part or product when the part
or product is possessed by a retail or wholesale
establishment or other forum engaged in the business of
buying or selling similar items.
(2) The rebuttable presumption under paragraph (1) shall
not be construed to preclude a finding of intent to sell on
any other evidence that may serve to independently establish
such intent.
(e) Penalties.--A person who violates subsection (a) commits
a misdemeanor and shall, upon conviction, be sentenced as
follows:
(1) For a first offense, where the total value of the
covered animal part or product does not exceed $250, the
person shall be guilty of a misdemeanor of the third degree
and subject to a fine not exceeding $2,500 or a period of
imprisonment not to exceed one year, or both.
(2) For a first offense, where the total value of the
covered animal part or product exceeds $250, the person shall
be guilty of a misdemeanor of the second degree and subject
to a fine not exceeding $5,000 or a period of imprisonment
not to exceed two years, or both.
(3) For a second or subsequent offense, where the total
value of the covered animal part or product does not exceed
$250, the person shall be guilty of a misdemeanor of the
second degree and subject to a fine not exceeding $5,000 or a
period of imprisonment not to exceed two years, or both.
(4) For a second or subsequent offense, where the total
value of the covered animal part or product exceeds $250, the
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