Section 16. Whoever fraudulently evades or attempts to evade the payment of a fare lawfully established by a common carrier duly licensed under the provisions of this chapter, either by giving a false answer to the collector of the fare, or by travelling beyond the point to which he has paid the same, or by leaving the motor vehicle without having paid the fare lawfully established for the distance travelled, or otherwise, shall forfeit not less than five nor more than twenty dollars. Whoever does not upon demand first pay such fare shall not be entitled to be transported for any distance, and may be ejected from such a motor vehicle.
The court shall treat a violation of this section as a civil infraction. A person complained of for such civil infraction shall be adjudicated responsible upon such finding by the court and shall neither be sentenced to a term of incarceration nor be entitled to appointed counsel pursuant to chapter 211D. An adjudication of responsibility under this section may include an order of restitution. An adjudication of responsibility under this section shall not be used in the calculation of second and subsequent offenses under any chapter, nor as the basis for the revocation of parole or of a probation surrender.
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