389 - Penalty for violations.

§  389.  Penalty  for violations. * 1. Except as hereinafter provided,  any  person,  corporation,  agency,  society,   institution   or   other  organization,  wilfully  violating  this title or failing to comply with  any order which the department is authorized under this title  to  make,  shall be guilty of a misdemeanor.    * NB Effective until November 14, 2010    * 1.  Except as hereinafter provided, any person, corporation, agency,  society, institution or  other  organization,  wilfully  violating  this  title,  other  than  section  three  hundred  ninety-g of this title, or  failing to comply with any order  which  the  department  is  authorized  under this title to make, shall be guilty of a misdemeanor.    * NB Effective November 14, 2010    2.   (a)  Any  person,  corporation,  society,  institution  or  other  organization who or which violates the provisions of subdivision six  of  section  three hundred seventy-four of this chapter shall be guilty of a  misdemeanor, for  the  first  such  offense.  Any  person,  corporation,  society,  institution  or  other  organization who or which violates the  provisions of subdivision six of section three hundred  seventy-four  of  this  chapter,  after  having  been  once  convicted  of  violating such  provisions, shall be guilty of a felony.    (b)  Notwithstanding  the  provisions  of  paragraph   (a)   of   this  subdivision,  any  person,  corporation,  society,  institution or other  organization who or which violates  subdivision  six  of  section  three  hundred  seventy-four of this title, where such unlawful compensation or  thing of value accepted or received exceeds  five  thousand  dollars  in  value,  shall be guilty of a class E felony as defined in the penal law.  Any person, corporation, society, institution, or other organization who  or which violates subdivision six of section three hundred  seventy-four  of  this  title,  where  such  unlawful  compensation  or thing of value  accepted or received exceeds  five  thousand  dollars  in  value,  after  having been previously convicted of violating subdivision six of section  three  hundred  seventy-four of this title, shall be guilty of a class D  felony as defined in the penal law.