California Code, Penal Code - PEN § 313.4

Every person who violates Section 313.1 , other than subdivision (e), is punishable by fine of not more than two thousand dollars ($2,000), by imprisonment in the county jail for not more than one year, or by both that fine and imprisonment.  However, if the person has been previously convicted of a violation of Section 313.1 , other than subdivision (e), or of any section of Chapter 7.5 (commencing with Section 311 ) of Title 9 of Part 1 of this code, the person shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 .

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