1. (A) A person who violates the provisions of Section 16-11-911 is guilty of a misdemeanor and, upon conviction:

   1. (1) for a first offense, must be fined not more than five thousand dollars or imprisoned not more than one year, or both;
   2. (2) for a second offense, must be fined not more than ten thousand dollars or imprisoned not more than two years, or both;
   3. (3) for a third and each subsequent offense, must be fined not more than fifteen thousand dollars or imprisoned not more than three years, or both.

2. (B) A person who violates the provisions of Section 16-11-910 or 16-11-915 is guilty of a felony and, upon conviction, must be fined not more than two hundred fifty thousand dollars or imprisoned not more than five years, or both, if the offense:

   1. (1) involves at least one thousand unauthorized articles embodying sound or sixty-five unauthorized audio visual articles during any one hundred eighty-day period; or
   2. (2) is a second or subsequent conviction under Section 16-11-910 or 16-11-915.

3. (C) A person who violates the provisions of Section 16-11-910 or 16-11-915 is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred fifty thousand dollars or imprisoned not more than two years, or both, if the offense involved:

   1. (1) more than one hundred but less than one thousand unauthorized articles embodying sound during any one hundred eighty-day period; or
   2. (2) more than ten but less than sixty-five unauthorized audiovisual articles during any one hundred eighty-day period.

4. (D) A person who violates the provisions of Section 16-11-910 or 16-11-915 is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars for a first offense and not more than ten thousand dollars for a second or subsequent offense if the offense or both offenses involve not more than:

   1. (1) twenty-five unauthorized articles embodying sound during any one hundred eighty-day period; or
   2. (2) ten unauthorized audiovisual articles during any one hundred eighty- day period.
5. (E) A person who violates any other provision of Section 16-11-910 or 16-11-915 is guilty of a misdemeanor and, upon conviction, must be fined not more than twenty-five thousand dollars or imprisoned not more than one year, or both.

6. (F) If a person is convicted of a violation of Section 16-11-910, 16-11-911, or 16-11-915, the court shall order the forfeiture and destruction or other disposition of all:

   1. (1) infringing articles;

   2. (2) implements, devices, and equipment used or intended to be used in the manufacture of the infringing articles.

      These penalties are not exclusive but are in addition to other penalties provided by law.

HISTORY: 1975 (59) 592; 1989 Act No. 92, Section 1; 1993 Act No. 184, Section 93; 2005 Act No. 64, Section 2, eff May 23, 2005.