(1) A person who violates section 35-36-217 (1)(a) to (1)(e) or (1)(j) or section 35-36-313 (1)(a) to (1)(e) commits a class 6 felony and shall be punished as provided in section 18-1.3-401. A person who violates section 35-36-217 (1)(f) or 35-36-313 (1)(f) or (1)(j) commits theft, as defined in section 18-4-401. A person who violates section 3536-217 (1)(l) or 35-36-313 (1)(k) commits fraud by check, as defined in section 18-5-205. A person who violates section 35-36-217 (1)(g) to (1)(i) commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501.
A person who violates any other provision of this article 36 commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501.
Civil suits and criminal prosecutions arising by virtue of this article 36 may be commenced and tried either in the county in which the commodities or farm products were received by the commodity handler, small-volume commodity handler, dealer, small-volume dealer, or agent, or in the county in which the principal place of business of the commodity handler, small-volume commodity handler, dealer, small-volume dealer, or agent is located, or in the county in which the violation of this article 36 occurred. The attorney general or the district attorney for the judicial district in which the violation of this article 36 occurs shall, upon the request of any enforcing officer or other interested person, prosecute the violation.
Source: L. 2020: Entire article amended with relocations, (HB 20-1213), ch. 160, p. 723, § 2, effective June 29.
Editor's note: This section is similar to former §§ 35-36-124 and 35-37-119 as they existed prior to 2020.