§ 76-6-903. Penalties.

(1) A person is guilty of a class B misdemeanor if that person:

(a) violates this part; or

(b) counsels, procures, solicits, or employs any other person to violate this part.

(2) A person is guilty of a third degree felony if:

(a) that person commits a second or subsequent violation described in Subsection (1); or

(b) the amount calculated under Subsection (3) for a violation described in Subsection (1) exceeds $500.

(3) The amount described in Subsection (2)(b) is calculated by adding the:

(a) commercial or archaeological value of the antiquities involved in the violation; and

(b) cost of the restoration and repair of the antiquities involved in the violation.

(4) All articles and material discovered, collected, excavated, or offered for sale or exchange shall be surrendered to the landowner.

Amended by Chapter 394, 2013 General Session