(1) A person commits the offense of theft of railroad freight if the person takes railroad freight by theft, as established in 45-6-301 (1).
(2) A person commits the offense of receiving stolen railroad freight if the person obtains stolen railroad freight by theft, as established in 45-6-301 (3).
(3) A person convicted of the offense of theft of railroad freight or the offense of receiving stolen railroad freight shall be fined an amount not to exceed $5,000 or be incarcerated for a term not to exceed 5 years, or both.