(1) Any person convicted of engaging in activity in violation of the provisions of this chapter shall be guilty of a felony and, upon conviction, shall be fined not more than Twenty-five Thousand Dollars ($25,000.00) or imprisoned not more than twenty (20) years, or both.
(2) In lieu of a fine otherwise authorized by law, any person convicted of engaging in conduct in violation of the provisions of this chapter, through which he derived pecuniary value, or by which he caused personal injury or property damage or other loss, may be sentenced to pay a fine that does not exceed three (3) times the gross value gained or three (3) times the gross loss caused, whichever is the greater, plus court costs and the costs of investigation and prosecution, reasonably incurred.
(3) The court shall hold a hearing to determine the amount of the fine authorized by subsection (2) of this section.
(4) For the purposes of subsection (2) of this section, “pecuniary value” means:
(a) Anything of value in the form of money, a negotiable instrument, or a commercial interest or anything else the primary significance of which is economic advantage; or
(b) Any other property or service that has a value in excess of One Hundred Dollars ($100.00).