; (D) if the violation occurred after the alien had been convicted of a felony for which the alien received a term of imprisonment of not less than 30 months, shall be fined under such title, imprisoned not more than 15 years, or both; and (E) if the violation occurred after the alien had been convicted of a felony for which the alien received a term of imprisonment of not less than 60 months, such alien shall be fined under such title, imprisoned not more than 20 years, or both. (3) Prior convictions The prior convictions described in subparagraphs (C) through (E) of paragraph (2) are elements of the offenses described and the penalties in such subparagraphs shall apply only in cases in which the conviction or convictions that form the basis for the additional penalty are— (A) alleged in the indictment or information; and (B) proven beyond a reasonable doubt at trial or admitted by the defendant. (4) Duration of offense An offense under this subsection continues until the alien is discovered within the United States by an immigration, customs, or agriculture officer. (5) Attempt Whoever attempts to commit any offense under this section shall be punished in the same manner as for a completion of such offense. (b) Improper time or place; civil penalties Any alien who is apprehended while entering, attempting to enter, or knowingly crossing or attempting to cross the border to the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty, in addition to any criminal or other civil penalties that may be imposed under any other provision of law, in an amount equal to— (1) not less than $50 or more than $250 for each such entry, crossing, attempted entry, or attempted crossing