Section 11-705 - Penalties. - Maryland Statutes

§ 11-705. Penalties.
 

(a)  Penalties; defenses.-  

(1) Any person who willfully violates any provision of this title, except § 11-303 or § 11-305 of this title or who willfully violates any rule or order under this title except a rule or order under § 11-305 of this title, or who willfully violates § 11-303 of this title knowing the statement made to be false or misleading in any material respect, on conviction is subject to a fine not exceeding $50,000 or imprisonment not exceeding 3 years or both. 

(2) Any person who willfully violates § 11-305 of this title or who willfully violates a rule or order under § 11-305 of this title, on conviction is subject to a fine not exceeding $100,000 or imprisonment not exceeding 5 years or both. 

(3) A person may not be imprisoned for the violation of any rule or order if the person proves that the person had no knowledge of the rule or order. 

(4) An indictment or information may not be returned under this title more than 5 years after the alleged violation. 

(b)  State's Attorney or Attorney General to institute proceedings.- The Commissioner may refer available evidence concerning violations of this title or of any rule or order under this title to the State's Attorney or the Attorney General who, with or without the reference, may institute the appropriate criminal proceedings under this title. 

(c)  State's power to punish conduct not limited.- Nothing in this title limits the power of this State to punish any person for any conduct which constitutes a crime by statute or at common law. 
 

[An. Code 1957, art. 32A, § 33; 1975, ch. 311, § 2; 1976, ch. 615, § 1; 1984, ch. 255; 1989, ch. 533; 1990, ch. 6, § 2; 2009, chs. 301, 302.]