Whoever fraudulently evades or attempts to evade the payment of any toll or fare, lawfully established, for the carrying of passengers, by giving a false answer to the collector of the fare, by traveling beyond the point to which fare has been paid or otherwise attempting to ride without paying the toll or fare, by riding without permission on trains that do not carry passengers or by concealing himself upon or about any train with intent to evade the payment of lawful toll or fare shall be guilty of a misdemeanor and, upon conviction thereof, shall pay a fine of not more than fifty dollars or be sentenced to imprisonment or labor on the chain gang for not more than thirty days. But when the alleged violation of law is based upon riding upon a train or car of a common carrier without permission or authority the punishment for such trespass shall not be greater than imprisonment for five days in the county jail or the payment of a fine not exceeding five dollars. In no case shall any defendant convicted of any such trespass be sentenced to service upon any chain gang in this State.