[§485A-508]  Criminal penalties.  (a) 
Whoever violates this chapter shall be punished as follows:



(1)  An offense in which the total value of all money
and anything else of value paid by or lost by the victims pursuant to the same
scheme, plan, or representations, or to the same entity, amounts to under
$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 victims pursuant to the same
scheme, plan, or representations, or to the same entity, amounts to
$5,000 but less than $100,000 shall be a class B felony; and



(3)  An offense in which the total value of all money
and anything else of value paid or lost by the victims pursuant to the same
scheme, plan, or representations, or to the same entity, amounts to $100,000 or
more shall be a class A felony.



In addition to the above, whoever violates this
chapter shall forfeit to the State any interest or property the person has
acquired or maintained in violation of this chapter and any interest in,
security of, claim against, or property or contractual right of any kind
affording a source of influence over any enterprise which the person has
established, operated, controlled, conducted, or participated in the conduct
of, in violation of this chapter.



(b)  The value of all money and anything else
of value paid or lost by various victims pursuant to the same scheme, plan, or
representations or to the same entity may be aggregated in determining the
class or grade of the offense.



(c)  Upon conviction of a person under this
chapter, the circuit court shall authorize the county attorney or prosecutor,
or the attorney general, to seize all property or other interest declared
forfeited under this chapter upon such terms and conditions as the court shall
deem proper.  The State shall dispose of all property or other interest seized
under this chapter 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 for value by the State, it shall not revert to the convicted
person and the commissioner shall dispose of the property as deemed proper by
the commissioner.



(d)  Notwithstanding any other law to
the contrary, a person convicted of a felony under this chapter who has a prior
conviction for a felony under this chapter or a prior conviction for a crime
which would constitute a felony under this chapter 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 imposed pursuant to chapter 706.



(e)  Notwithstanding any other law to the
contrary, the following period of 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; and



(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 more than seven years after the offense
is committed.



(f)  The attorney general or the proper county
attorney or prosecutor, may institute criminal proceedings with or
without a referral from the commissioner under this chapter.



(g)  This chapter shall not limit the power of
the State to punish a person for conduct that constitutes a crime under other
laws of the State. [L 2006, c 229, pt of §1]