(1) Any person who willfully violates the provisions of section 11-59-112 commits a class 3 felony and shall be punished as provided in section 18-1.3-401, C.R.S.
Any person who willfully violates any of the provisions of this article, other thansection 11-59-112, or any rule or order under this article commits a class 3 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S., and any second violation of this section shall be punishable by a civil penalty of fifty dollars per day to a maximum penalty of one thousand dollars.
Conviction of violation of any provision of this article under this section shall alsoestablish a prima facie case for liability for civil damages by any person injured thereby.
The securities commissioner may refer such evidence as is available to the securitiescommissioner under authority of this article concerning any violation which constitutes the commission of any felony or misdemeanor to the attorney general or the appropriate district attorney, who may, with or without such a reference, prosecute the appropriate criminal proceedings under this article or otherwise as authorized by law, or the securities commissioner may refer such evidence to the United States attorney.
Nothing in this article limits the power of the state to punish any person for anyconduct which constitutes a crime by statute.
No person shall be prosecuted, tried, or punished for any criminal violation of thisarticle unless the indictment, information, complaint, or action for the same is found or instituted within five years after the commission of the offense.
Source: L. 91: Entire article added, p. 2419, § 1, effective January 1, 1992. L. 2002: (1) and (2) amended, p. 1472, § 45, effective October 1.
Cross references: For the legislative declaration contained in the 2002 act amending subsections (1) and (2), see section 1 of chapter 318, Session Laws of Colorado 2002.