73-2-27 - Criminal penalties.
               	 		 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 underSubsection 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 thesame 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 thesame provision; or
      (c)  as a class B misdemeanor if Subsection (2)(a) or (b) does not apply.
Enacted by Chapter 215, 2005 General Session