409.5-508. Criminal penalties. - Missouri Statutes

Criminal penalties.

409.5-508. (a) A person commits the crime of criminal securitiesfraud when such person willfully violates section 409.5-501.

(b) A person commits a criminal securities violation when such personwillfully violates any other provision of this act, or a rule adopted ororder issued under this act, except Section 409.5-504 or the notice filingrequirements of section 409.3-302 or 409.4-405, or that willfully violatessection 409.5-505 knowing the statement made to be false or misleading in amaterial respect.

(c) A person convicted of criminal securities fraud or any othercriminal securities violation shall be fined not more than one milliondollars or imprisoned not more than ten years, or both, and if theviolation was committed against an elderly or disabled person, then thefine shall be not less than fifty thousand dollars. For purposes of thissection, the following terms mean:

(1) "Disabled person", a person with a physical or mental impairmentthat substantially limits one or more of the major life activities of suchindividual, a record of such impairment, or being regarded as having suchan impairment;

(2) "Elderly person", a person sixty years of age or older.

(d) An individual convicted of violating a rule or order under thisact may be fined, but may not be imprisoned, if the individual did not haveknowledge of the rule or order.

(e) The attorney general or the proper prosecuting attorney with orwithout a reference from the commissioner may institute criminalproceedings under this act.

(f) This act does not limit the power of this state to punish aperson for conduct that constitutes a crime under other laws of this state.

(L. 2003 H.B. 380, A.L. 2009 H.B. 62)