413.229. 1. Any person found in violation of any provisions of thischapter shall be deemed guilty of a class A misdemeanor.
2. Any person found to have purposely violated any provisions of thischapter, has been previously convicted twice for the same offense under themisdemeanor provisions of this section, or uses or has in his or herpossession for use a commercial device which has been altered to facilitatethe commission of fraud shall be deemed guilty of a class D felony.
3. The prosecutor of each county in which a violation occurs shall beempowered to bring an action hereunder. If a prosecutor declines to bringsuch action, the attorney general may bring an action instead, and in sodoing shall have all of the powers and jurisdiction of such prosecutor.
(L. 1994 S.B. 729, A.L. 2002 S.B. 1071)