Penalties for violations.

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  • (1) A person is guilty of a third degree felony who willfully violates:
    • (a) a provision of this chapter except Sections 61-1-1 and 61-1-16;
    • (b) an order issued under this chapter; or
    • (c) Section 61-1-16 knowing the statement made is false or misleading in a material respect.
  • (2) Subject to the other provisions of this section, a person who willfully violates Section 61-1-1:
    • (a) is guilty of a third degree felony if, at the time the crime was committed, the property, money, or thing unlawfully obtained or sought to be obtained was worth less than $10,000; or
    • (b) is guilty of a second degree felony if, at the time the crime was committed, the property, money, or thing unlawfully obtained or sought to be obtained was worth $10,000 or more.
  • (3) A person who willfully violates Section 61-1-1 is guilty of a second degree felony if:
    • (a) at the time the crime was committed, the property, money, or thing unlawfully obtained or sought to be obtained was worth less than $10,000; and
    • (b) in connection with that violation, the violator knowingly accepted any money representing:
      • (i) equity in a person's primary residence;
      • (ii) a withdrawal from an individual retirement account;
      • (iii) a withdrawal from a qualified retirement plan as defined in the Internal Revenue Code;
      • (iv) an investment by a person over whom the violator exercises undue influence; or
      • (v) an investment by a person that the violator knows is a vulnerable adult.
  • (4) A person who willfully violates Section 61-1-1 is guilty of a second degree felony punishable by imprisonment for an indeterminate term of not less than three years or more than 15 years if:
    • (a) at the time the crime was committed, the property, money, or thing unlawfully obtained or sought to be obtained was worth $10,000 or more; and
    • (b) in connection with that violation, the violator knowingly accepted any money representing:
      • (i) equity in a person's primary residence;
      • (ii) a withdrawal from an individual retirement account;
      • (iii) a withdrawal from a qualified retirement plan as defined in the Internal Revenue Code;
      • (iv) an investment by a person over whom the violator exercises undue influence; or
      • (v) an investment by a person that the violator knows is a vulnerable adult.
  • (5) When amounts of property, money, or other things are unlawfully obtained or sought to be obtained under a series of acts or continuing course of business, whether from the same or several sources, the amounts may be aggregated in determining the level of offense.
  • (6) It is an affirmative defense under this section against a claim that the person violated an order issued under this chapter for the person to prove that the person had no knowledge of the order.
  • (7) In addition to any other penalty for a criminal violation of this chapter, the sentencing judge may impose a penalty or remedy provided for in Subsection 61-1-20(2)(b).




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