1. (1) Terms defined in Sections 76-1-101.5 and 76-6-901 apply to this section.

2. (2) An actor commits unlawful sale or exchange of antiquities if the actor:

   1. (a) offers for sale or exchange an object that was collected or excavated in violation of Section 76-6-902; or
   2. (b) counsels, procures, solicits, or employs another person to violate Subsection (2)(a).

3. (3)

   1. (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor.

   2. (b) A violation of Subsection (2) is a third degree felony if:

      1. (i) the violation is the actor's second or subsequent violation of this section, Section 76-6-902, or Section 76-6-902.1; or
      2. (ii) the amount at issue, as calculated under Subsection (3)(c), exceeds $500.

   3. (c) The amount described in Subsection (3)(b)(ii) is calculated by adding together:

      1. (i) the commercial or archaeological value of the antiquities involved in the violation; and
      2. (ii) the cost of the restoration and repair of the antiquities involved in the violation.
   4. (d) An actor shall surrender to the landowner all articles and material discovered, collected, excavated, or offered for sale or exchange in violation of this section.

Enacted by Chapter 111, 2023 General Session