Unlawful acts; penalties.

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1. A person who:

(a) Obtains or attempts to obtain a license pursuant to this chapter by means of intentional misrepresentation, deceit or fraud; or

(b) Sells or attempts to sell in this State any interest in real property by means of intentional misrepresentation, deceit or fraud,

is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

2. Any licensee, permittee or owner-developer who commits an act described in NRS 645.630, 645.633 or 645.635 shall be punished by a fine of not more than $5,000 for each offense.

3. A person who violates any other provision of this chapter, if a natural person, is guilty of a gross misdemeanor, and if a limited-liability company, partnership, association or corporation, shall be punished by a fine of not more than $2,500.

4. Any officer or agent of a corporation, or member or agent of a limited-liability company, partnership or association, who personally participates in or is an accessory to any violation of this chapter by the limited-liability company, partnership, association or corporation, is subject to the penalties prescribed in this section for natural persons.

5. The provisions of this section do not release a person from civil liability or criminal prosecution pursuant to the general laws of this State.

6. The Administrator may prefer a complaint for violation of NRS 645.230 before any court of competent jurisdiction and may take the necessary legal steps through the proper legal officers of this State to enforce the provisions thereof.

7. Any court of competent jurisdiction may try any violation of this chapter, and upon conviction, the court may revoke or suspend the license of the person so convicted, in addition to imposing the other penalties provided in this section.

[29:150:1947; 1943 NCL § 6396.29] — (NRS A 1963, 678; 1967, 644; 1979, 1557; 1981, 1330; 1983, 223; 1985, 1278; 1993, 891; 1995, 1312; 1997, 171; 2001, 524; 2003, 3465)


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