16a-5-301.   (UCCC) Intentional violations;penalties.(1) It is unlawful for any person to violate any ofthe provisions of this act, any rule and regulation adopted or order issuedunder this act. A conviction for an intentional violation is a class Anonperson misdemeanor. A second or subsequent conviction of this subsection isseverity level 7 nonperson felony. No person may be imprisoned for theviolation of this section if such person proves that such person had noknowledge of the rule and regulation or order.

      (2)   The criminal liability of a person under this section isin lieu of and not in addition to the creditor's criminal liability under thefederal truth in lending act. No prosecution of a person with respect to thesame violation may be maintained pursuant to both this section and the federaltruth in lending act.

      (3)   A person, other than a supervised financial organization or anattorney or collection agency who does not purchase the credit obligation,who willfully engages in the business of entering into consumer credittransactions, or of taking assignments of rights against consumers arisingtherefrom and undertakes direct collection of payments or enforcement ofthese rights, without complying with the provisions of this act concerningnotification (K.S.A. 16a-6-202, and amendmentsthereto) or payment of fees (K.S.A. 16a-6-203,and amendments thereto), isguilty of a class A misdemeanor and upon conviction thereof shall bepunished in the manner provided by law.

      History:   L. 1973, ch. 85, § 92;L. 1999, ch. 107, § 27; July 1.