[§482E-10.6]  Criminal penalties.  (a) 
Violations of this chapter shall be as follows:



(1)  An offense in which the total value of all money
and anything else of value paid by or lost by the victim pursuant to the same
scheme, plan, or representation, or to the same entity, amounts to less than
$5,000, shall be a class C felony.



(2)  An offense in which the total value of all money
and anything else of value paid by or lost by the victim pursuant to the same
scheme, plan, or representation, or to the same entity, amounts to $5,000 or
more, shall be a class B felony.



(b)  In addition to the penalties provided in
subsection (a), any person who violates this chapter shall forfeit to the State
any interest or property acquired or maintained in connection with the
violation, and any interest, security, claim, or property or contractual right
of any kind affording a source of influence over any enterprise which was
established, operated, controlled, conducted, or joined in connection with the
violation.



(c)  The value of all money and anything else
of value paid or lost by more than one victim pursuant to the same scheme,
plan, or representation, or to the same entity, may be aggregated in
determining the class or grade of the offense.



(d)  Upon conviction of a person under this
chapter, the circuit court shall authorize the county attorney or prosecutor,
or the attorney general, as the case may be, to seize all property or other
interest declared forfeit pursuant to subsection (b) upon such terms and
conditions as the court shall specify.  The State shall dispose of such
property or other interest as soon as feasible making due provision for the
rights of innocent persons.  If a property right or other interest is not
exercisable or transferable so as to be of value to the State, it shall remain
in the possession of the State and the director shall dispose of it as deemed
proper by the director; provided that the violator shall not benefit from any
such disposal.



(e)  Notwithstanding any other law to the
contrary, a person who has been convicted of a felony under this section, or
has had a prior conviction for a crime which would constitute a felony under
this section, shall be sentenced to a mandatory minimum period of imprisonment
of one year without possibility of parole.  Nothing in this subsection shall be
construed to in any way limit the maximum term of imprisonment provided under
chapter 706.



(f)  Notwithstanding any other laws to the
contrary, the following time limitations shall apply to prosecutions for felony
violations of this chapter:



(1)  Prosecution for a felony under this chapter shall
be commenced within five years after the offense is committed.



(2)  If the period prescribed in paragraph (1) has
expired, prosecution for a felony under this chapter may be commenced within
two years after the discovery of the offense by an aggrieved party who is not a
party to the offense, but in no event shall prosecution commence more than
seven years after the offense is committed. [L 1988, c 339, §2]