1. (A) Any dealer wilfully violating the provisions of this chapter is guilty of a misdemeanor and upon conviction for a first offense must be fined not more than five hundred dollars, imprisoned for not more than ninety days, or both. A second offense conviction is punishable by a fine of not more than two thousand dollars, imprisonment for not more than one year, or both. A third or subsequent offense conviction is punishable by a fine of not more than five thousand dollars, imprisonment for not more than three years, or both. A dealer convicted of a second offense is ineligible for a permit to conduct business in precious metals in this State for at least two years and a dealer convicted of a third or subsequent offense is ineligible for a permit for a least five years.

2. (B)

   1. (1) In addition to the provisions of subsection (A), any dealer who wilfully makes a purchase with an invalid, suspended, or revoked license as a dealer of precious metals is guilty of a misdemeanor and upon conviction for a:

      1. (a) first offense must be fined not more than five hundred dollars, imprisoned for not more than ninety days, or both;
      2. (b) second offense must be fined not more than two thousand dollars, imprisoned for not more than one year, or both; and
      3. (c) third offense must be fined not more than five thousand dollars, imprisoned for not more than three years, or both.

   2. (2)

      1. (a) A dealer convicted of a second offense is ineligible for a permit to conduct business in precious metals in this State for at least two years; and
      2. (b) a dealer convicted of a third offense is ineligible for a permit to conduct business in precious metals in this State for at least five years.
   3. (3) A penalty under this section is cumulative to penalties in items (1) and (2).

HISTORY: 1981 Act No. 147 Section 1; 2014 Act No. 292 (H.3149), Section 5, eff June 23, 2014.