(1)
(a) As used in this section, "conviction" means a conviction by plea or by verdict, including a plea of guilty or no contest that is held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, regardless of whether the charge was, or is, subsequently reduced or dismissed in accordance with the plea in abeyance agreement.
(b) Terms defined in Sections 76-1-101.5 and 76-13-101 apply to this section.
(2) Except as provided in Subsection (4), an actor who commits a violation of Section 76-13-202, 76-13-203, 76-13-206, or 76-13-208 within the state and on at least one previous occasion has been convicted of violating Section 76-13-202, 76-13-203, 76-13-206, or 76-13-208 shall be subject to an enhanced penalty as provided in Subsection (3).
(3) The enhanced degree of offense for offenses committed under this section are:
(a) if the offense is a class C misdemeanor, it is a class B misdemeanor; and
(b) if the offense is a class B misdemeanor, it is a class A misdemeanor.
(4) The penalty enhancements described in this section do not apply to a conviction for the offense described in Section 76-13-204, Torturing a companion animal.