Criminal penalties

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    (a)    Except for a violation of § 16–703.2 of this subtitle, a person who violates any provision of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both.

    (b)    (1)    The Commission may impose on a person who violates any provision of this title a penalty not exceeding $5,000 for each violation.

        (2)    In setting the amount of the penalty, the Commission shall consider:

            (i)    the seriousness of the violation;

            (ii)    the harm caused by the violation;

            (iii)    the good faith of the violator;

            (iv)    any history of previous violations by the violator; and

            (v)    any other relevant factors.

        (3)    The Commission shall pay any penalty collected under this subsection into the General Fund of the State.


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