Section 17-613 - Penalties.
§ 17-613. Penalties.
(a) In general.- Subject to the provisions of subsection (d) of this section, a person who violates any provision of the following sections of this title is guilty of a misdemeanor and on conviction for a first offense is subject to a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both:
(1) § 17-502;
(2) § 17-525;
(3) § 17-526;
(4) § 17-527;
(5) § 17-530
(6) § 17-532
(7) § 17-601;
(8) § 17-602;
(9) § 17-603;
(10) § 17-604;
(11) § 17-605;
(12) § 17-606;
(13) § 17-607;
(14) § 17-608;
(15) § 17-609;
(16) § 17-610; and
(17) § 17-611.
(b) Violations by corporation, partnership, or other association.- A corporation, partnership, or other association that violates § 17-612 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine:
(1) not exceeding $5,000 for a first violation;
(2) not exceeding $15,000 for a second violation; and
(3) not exceeding $25,000 for a third or subsequent violation.
(c) Penalty; factors.-
(1) The Commission may impose on a person who violates any provision of this title a penalty not exceeding:
(i) $5,000 for a first violation;
(ii) $15,000 for a second violation; and
(iii) $25,000 for a third or subsequent violation.
(2) In setting the amount of the penalty, the Board 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 Board shall pay any penalty collected under this subsection into the General Fund of the State.
(d) Penalties for subsequent violations.-
(1) Any person found guilty of a second violation of any provision of the sections listed in subsection (a) of this section is subject to a fine not exceeding $15,000 or 2 years imprisonment or both.
(2) Any person found guilty of a third or subsequent violation of any provision of the sections listed in subsection (a) of this section is subject to a fine not exceeding $25,000 or 3 years imprisonment or both.
[An. Code 1957, art. 56A, § 4-613; 1989, ch. 3, § 1; 1994, ch. 3, § 13; 2001, ch. 187; 2008, ch. 282.]