1. (a) A person who:

   1. (1) knowingly or intentionally violates:

      1. (A) the terms of a permit issued under IC 13-18-22 that relates to state regulated wetlands; or
      2. (B) a statute that relates to state regulated wetlands; and

   2. (2) causes substantial harm to a state regulated wetland;

      commits a Level 6 felony.

2. (b) Notwithstanding IC 35-50-2-6 (a), IC 35-50-2-7 (a), or IC 35-50-3-2 , the court may order a person convicted under this section to pay:

   1. (1) a fine of at least five thousand dollars ($5,000) and not more than fifty thousand dollars ($50,000) for each day of violation; or

   2. (2) if the person has a prior unrelated conviction for an offense under this title that may be punished as a felony, a fine of not more than one hundred thousand dollars ($100,000) for each day of violation.

      In determining the amount of a fine imposed for a violation of this section, the court shall consider any improper economic benefit, including unjust enrichment, received by the defendant as a result of the unlawful conduct.

As added by P.L.137-2007, SEC.31. Amended by P.L.158-2013, SEC.198.