§ 5-610. Prohibited acts and penalties

   (a) Penalties -- Sole proprietor registered cemeterian, permit holder, or other persons subject to permit or registration requirements. -- Except as otherwise provided in subsection (c) of this section, a sole proprietor registered cemeterian, permit holder, or any other person subject to the permit or registration requirements of this title who violates this subtitle is guilty of a misdemeanor and, on conviction, is subject to:

   (1) for a first violation, a fine not exceeding $ 5,000 or imprisonment not exceeding 1 year or both;

   (2) for a second violation, a fine not exceeding $ 10,000 or imprisonment not exceeding 2 years or both; and

   (3) for a third or subsequent violation, a fine not exceeding $ 20,000 or imprisonment not exceeding 3 years or both.

(b) Penalties -- Corporations. -- Except as otherwise provided in subsection (c) of this section, if a corporation violates this subtitle, each officer responsible for the violation is guilty of a misdemeanor and, on conviction, is subject to:

   (1) for a first violation, a fine not exceeding $ 5,000 or imprisonment not exceeding 1 year or both;

   (2) for a second violation, a fine not exceeding $ 10,000 or imprisonment not exceeding 2 years or both; and

   (3) for a third or subsequent violation, a fine not exceeding $ 20,000 or imprisonment not exceeding 3 years or both.

(c) Misappropriation or conversion of perpetual care trust funds prohibited; penalty. -- A person who willfully misappropriates or intentionally and fraudulently converts perpetual care trust funds in excess of $ 100 to that person's own use is guilty of a felony and, on conviction, is subject to a fine not exceeding $ 25,000 or imprisonment not exceeding 10 years or both.

HISTORY: 2013, ch. 99.