§ 5-712. Prohibited acts; penalties

   (a) Failure to deposit money. -- A seller may not fail to deposit, as required by this subtitle, money received under or in connection with a preneed burial contract.

(b) Penalty. --

   (1) Except as otherwise provided in subsection (c) of this section, a person who violates this section is guilty of a misdemeanor and, on conviction, is subject to:

      (i) for a first violation, a fine not exceeding $ 10,000 or imprisonment not exceeding 1 year or both;

      (ii) for a second violation, a fine not exceeding $ 15,000 or imprisonment not exceeding 2 years or both; and

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

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

      (i) for a first violation, a fine not exceeding $ 10,000 or imprisonment not exceeding 1 year or both;

      (ii) for a second violation, a fine not exceeding $ 15,000 or imprisonment not exceeding 2 years or both; and

      (iii) 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 preneed trust funds prohibited; penalty. -- A person who willfully misappropriates or intentionally and fraudulently converts preneed 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: An. Code 1957, art. 23, § 165B; 1992, ch. 4, § 2; 1997, ch. 675, § 1; 2013, ch. 99.