Section 409.5-508

Title XXVI TRADE AND COMMERCE

Chapter 409

Effective - 28 Aug 2009, 2 histories   

  409.5-508.  Criminal penalties. — (a)  A person commits the crime of criminal securities fraud when such person willfully violates section 409.5-501.

  (b)  A person commits a criminal securities violation when such person willfully violates any other provision of this act, or a rule adopted or order issued under this act, except Section 409.5-504 or the notice filing requirements of section 409.3-302 or 409.4-405, or that willfully violates section 409.5-505 knowing the statement made to be false or misleading in a material respect.

  (c)  A person convicted of criminal securities fraud or any other criminal securities violation shall be fined not more than one million dollars or imprisoned not more than ten years, or both, and if the violation was committed against an elderly or disabled person, then the fine shall be not less than fifty thousand dollars.  For purposes of this section, the following terms mean:

  (1)  "Disabled person", a person with a physical or mental impairment that substantially limits one or more of the major life activities of such individual, a record of such impairment, or being regarded as having such an impairment;

  (2)  "Elderly person", a person sixty years of age or older.

  (d)  An individual convicted of violating a rule or order under this act may be fined, but may not be imprisoned, if the individual did not have knowledge of the rule or order.

  (e)  The attorney general or the proper prosecuting attorney with or without a reference from the commissioner may institute criminal proceedings under this act.

  (f)  This act does not limit the power of this state to punish a person for conduct that constitutes a crime under other laws of this state.

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(L. 2003 H.B. 380, A.L. 2009 H.B. 62)