61-1-21 - Penalties for violations.
61-1-21. Penalties for violations.
(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 materialrespect.
(2) 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;
(b) is guilty of a second degree felony if:
(i) at the time the crime was committed, the property, money, or thing unlawfullyobtained or sought to be obtained was worth $10,000 or more; or
(ii) (A) at the time the crime was committed, the property, money, or thing unlawfullyobtained or sought to be obtained was worth less than $10,000; and
(B) in connection with that violation, the violator knowingly accepted any moneyrepresenting:
(I) equity in a person's primary residence;
(II) a withdrawal from an individual retirement account; or
(III) a withdrawal from a qualified retirement plan as defined in the Internal RevenueCode; or
(c) is guilty of an enhanced second degree felony punishable by imprisonment for anindeterminate term of not less than three years or more than 15 years if:
(i) at the time the crime was committed, the property, money, or thing unlawfullyobtained or sought to be obtained was worth $10,000 or more; and
(ii) in connection with that violation, the violator knowingly accepted any moneyrepresenting:
(A) equity in a person's primary residence;
(B) a withdrawal from an individual retirement account; or
(C) a withdrawal from a qualified retirement plan as defined in the Internal RevenueCode.
(3) A person may not be imprisoned for the violation of an order issued under thischapter if the person proves that the person had no knowledge of the order.
(4) In addition to any other penalty for a criminal violation of this chapter, the sentencingjudge may impose a penalty or remedy provided for in Subsection 61-1-20(2)(b).
Amended by Chapter 347, 2009 General Session
Amended by Chapter 351, 2009 General Session