73-2-27. Criminal penalties.
(1) This section applies to offenses committed under:
(a) Section 73-1-14;
(b) Section 73-1-15;
(c) Section 73-2-20;
(d) Subsection 73-3-3(9);
(e) Section 73-3-26;
(f) Section 73-3-29;
(g) Section 73-5-9;
(h) Section 76-10-201;
(i) Section 76-10-202; and
(j) Section 76-10-203.
(2) Under circumstances not amounting to an offense with a greater penalty under
Subsection 76-6-106(2)(b)(ii) or Section 76-6-404, violation of a provision listed in Subsection
(1) is punishable:
(a) as a felony of the third degree if:
(i) the value of the water diverted or property damaged or taken is $2,500 or greater; and
(ii) the person violating the provision has previously been convicted of violating the
same provision;
(b) as a class A misdemeanor if:
(i) the value of the water diverted or property damaged or taken is $2,500 or greater; or
(ii) the person violating the provision has previously been convicted of violating the
same provision; or
(c) as a class B misdemeanor if Subsection (2)(a) or (b) does not apply.
Enacted by Chapter 215, 2005 General Session
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Last revised: Thursday, May 28, 2009