§ 23-42-104 - Criminal penalties. - Arkansas Statutes

23-42-104. Criminal penalties.

(a) Any person who knowingly violates 23-42-507 shall be guilty of the offense of "securities fraud". Securities fraud is a Class B felony.

(b) Any person who knowingly violates 23-42-501 shall be guilty of the offense of "felony offer or sale of unregistered and nonexempt securities". Felony offer or sale of unregistered and nonexempt securities is a Class D felony.

(c) Any person who negligently violates 23-42-501 shall be guilty of the offense of "offer or sale of unregistered and nonexempt securities". Offer or sale of unregistered and nonexempt securities is a Class A misdemeanor.

(d) Any person who knowingly violates any rule or order of the Securities Commissioner shall be guilty of a Class B misdemeanor. No person may be imprisoned for a violation of any rule or order of which that person did not have actual knowledge.

(e) Any person who knowingly engages in any unlawful conduct prohibited by this chapter, except as provided in subsection (a), (b), (c), or (d) of this section, shall be guilty of a Class D felony.

(f) "Purposely", "knowingly", "recklessly", "negligently", and the classes of felonies and misdemeanors set forth in this section shall be as defined and have such penalties as set forth in the Arkansas Criminal Code, 5-1-101 et seq.

(g) Nothing in this chapter limits the power of the state to punish any person for any conduct which constitutes a crime by statute or common law.

(h) The provisions of subsection (e) of this section shall not apply to any violation of 23-42-509.