1. (1) Terms defined in Sections 76-1-101.5 and 76-6-1402 apply to this section.

2. (2) An actor commits falsification of seller's statement to dealer if the actor:

   1. (a) sells, offers to sell, or attempts to sell regulated metal; and
   2. (b) in providing information required by Section 76-6-1403, 76-6-1405, or 76-6-1406 willfully makes a false statement or provides any untrue information.

3. (3)

   1. (a)

      1. (i) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor.
      2. (ii) An actor who is convicted of a class B misdemeanor under this section is subject to a mandatory fine of no less than $1,000.

   2. (b)

      1. (i) A violation of Subsection (2) is a class A misdemeanor if the actor previously has been convicted of a violation of this section.
      2. (ii) An actor who is convicted of a class A misdemeanor under this section is subject to a mandatory fine of no less than $2,500.

Amended by Chapter 111, 2023 General Session