30-10-306. Criminal liabilities.
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/mt/title-30/chapter-10/part-3/30-10-306·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
30-10-306 . Criminal liabilities.
(1)A person who willfully violates any provision of parts 1 through 3 of this chapter except 30-10-302 , who willfully violates any rule or order under parts 1 through 3 of this chapter, or who willfully violates 30-10-302 knowing the statement made to be false or misleading in any material respect shall upon conviction be fined not more than $5,000 or imprisoned not more than 10 years, or both. However, if the person convicted has been previously convicted of a felony in any way involving securities, imprisonment for not less than 1 year is mandatory.
(2)A person who willfully violates 30-10-301 with knowledge that the violation would affect a vulnerable person shall upon conviction be fined not more than $20,000 or imprisoned not more than 20 years, or both.
(3)An indictment or information may not be returned under parts 1 through 3 of this chapter more than 8 years after the alleged violation. However, the time limitation period may be extended allowing commencement of a prosecution within 1 year after the date the commissioner or other prosecuting officer becomes aware of the violation.
(4)The commissioner may refer evidence that may be available concerning violations of parts 1 through 3 of this chapter or of any rule or order under parts 1 through 3 of this chapter to the attorney general or the proper prosecuting attorney, who may in the prosecutor's discretion, with or without a reference, institute the appropriate criminal proceedings under parts 1 through 3 of this chapter.
(5)Parts 1 through 3 of this chapter do not limit the power of the state to punish any person for any conduct that constitutes a crime.