1. A. It shall be unlawful for any person willingly, knowingly or fraudulently to represent, make, issue, deliver, use or submit or to participate in representing, making, issuing, delivering, using or submitting any fictitious, false or fraudulent offer, agreement, contract or other instrument concerning:

   1. 1. The sale of timber or the right to cut or harvest or remove timber from a site or from real property not owned or leased by such person; or
   2. 2. The sale of timber or the right to cut or harvest or remove timber which is not owned by such person.

2. B. Any person convicted of violating the provisions of this section shall be guilty of:

   1. 1. A felony if the timber to be sold or right to cut or harvest the timber pursuant to subsection A of this section is valued at more than Two Hundred Dollars ($200.00). Upon conviction thereon, such person shall be subject to the imposition of a fine of not more than Ten Thousand Dollars ($10,000.00) or by imprisonment in the State Penitentiary for not more than five (5) years or both such fine and imprisonment; or
   2. 2. A misdemeanor if the timber to be sold or right to cut or harvest the timber pursuant to subsection A of this section is valued at Two Hundred Dollars ($200.00) or less. Upon conviction thereof such person shall be subject to the imposition of a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment in the county jail not to exceed one (1) year or by both such fine and imprisonment.

Laws 1995, c. 238, § 6, eff. November 1, 1995; Amended by Laws 1997, c. 133, § 103 (effective date amended to July 1, 1999, by Laws 1998, 1st Extr. Sess., c. 2, §§ 23-26, eff. June 19, 1998) (superseded document available); Amended by Laws 1999, 1st Extr. Sess., HB 1009, § 39, emerg. eff. July 1, 1999 (superseded document available).