1. (A) It is unlawful for a factor or commission merchant to receive from a planter cotton, rice, or other agricultural produce for sale and:

   1. (1) sell the produce and fail to pay over the net proceeds to the planter on demand;
   2. (2) apply the produce to his own use and benefit; or
   3. (3) fail to account for the produce in a satisfactory manner if unsold.

2. (B) A person who violates the provisions of this section is guilty of a:

   1. (1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the sale amount of the commodities is ten thousand dollars or more;
   2. (2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the sale amount of the commodities is more than two thousand dollars but less than ten thousand dollars;
   3. (3) misdemeanor triable in magistrates court or municipal court, notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, if the sale amount of the commodities is two thousand dollars or less. Upon conviction, the person must be fined not more than one thousand dollars, or imprisoned not more than thirty days, or both.

HISTORY: 1962 Code Section 3-50; 1952 Code Section 3-50; 1942 Code Section 1283; 1932 Code Section 1283; Cr. C. '22 Section 178; Cr. C. '12 Section 458; Cr. C. '02 Section 345; G. S. 2522; R. S. 284; 1877 (16) 250; 1993 Act No. 184, Section 125, eff January 1, 1994; 2010 Act No. 273, Section 16.F.F, eff June 2, 2010.

Effect of Amendment

The 1993 amendment rewrote this section so as to create a three tier classification based upon the value of the property involved that specifies whether the offense is a misdemeanor or felony and maximum term of imprisonment.

The 2010 amendment in subsection (B), in item (1) substituted "ten thousand" for "five thousand", in item (2) substituted "two thousand" for "one thousand" and "ten thousand" for "five thousand", and rewrote item (3).