Prohibited acts and penalties

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    (a)    Except as otherwise provided in subsection (c) of this section, a sole proprietor registered cemeterian, permit holder, or any other person subject to the permit or registration requirements of this title who violates this subtitle is guilty of a misdemeanor and, on conviction, is subject to:

        (1)    for a first violation, a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both;

        (2)    for a second violation, a fine not exceeding $10,000 or imprisonment not exceeding 2 years or both; and

        (3)    for a third or subsequent violation, a fine not exceeding $20,000 or imprisonment not exceeding 3 years or both.

    (b)    Except as otherwise provided in subsection (c) of this section, if a corporation violates this subtitle, each officer responsible for the violation is guilty of a misdemeanor and, on conviction, is subject to:

        (1)    for a first violation, a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both;

        (2)    for a second violation, a fine not exceeding $10,000 or imprisonment not exceeding 2 years or both; and

        (3)    for a third or subsequent violation, a fine not exceeding $20,000 or imprisonment not exceeding 3 years or both.

    (c)    A person who willfully misappropriates or intentionally and fraudulently converts perpetual care trust funds in excess of $100 to that person’s own use is guilty of a felony and, on conviction, is subject to a fine not exceeding $25,000 or imprisonment not exceeding 10 years or both.


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