§ 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 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) 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.

(6) 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).

Amended by Chapter 319, 2011 General Session