63E-1-404 - Penalties for violation.
63E-1-404. Penalties for violation.
(1) A person who knowingly violates this part:
(a) is guilty of a third degree felony if the combined value of any compensation or assetsreceived by the person as a result of the violation is equal to or greater than $10,000; or
(b) is guilty of a class A misdemeanor if the combined value of any compensation orassets received by the person as a result of the violation is less than $10,000.
(2) (a) In addition to any penalty imposed under Subsection (1), a person that violates thispart shall return to the successor of the independent entity any compensation or assets received inviolation of this part.
(b) If the assets received by the person in violation of this part are no longer in thepossession of the person, the person shall pay the successor of the independent entity an amountequal to the fair market value of the asset at the time the person received the asset.
(3) Notwithstanding Subsection 36-11-401(3), if a lobbyist violates Subsection63E-1-402(2)(b)(i), the lobbyist is guilty of the crime outlined in Subsection (1), which crimeshall be determined by the value of compensation or assets received by the lobbyist.
Enacted by Chapter 201, 2001 General Session