State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_78D > GS_78D-24

§ 78D‑24.  Criminalpenalties.

(a)        Any person whowillfully violates any provision of this Chapter is guilty of a felony. If thelosses caused by the violation or violations are one hundred thousand dollars($100,000) or more, the person is guilty of a Class C felony. If the lossescaused by the violation or violations are less than one hundred thousanddollars ($100,000), the person is guilty of a Class H felony.

(b)        Any personconvicted of violating a rule or order under this Chapter may be fined, but maynot be imprisoned, if the person proves he had no knowledge of the rule ororder.

(c)        In lieu of a fineotherwise authorized by law, a person who has been convicted of or who haspleaded guilty or no contest to having engaged in conduct in violation of theprovisions of this Chapter may be sentenced to pay a fine that does not exceedthe greater of three times the gross value gained or three times the gross losscaused by such conduct, plus court costs and the costs of investigation andprosecution, reasonably incurred.

(d)        The Administratormay refer such evidence as is available concerning violations of this Chapteror any rule or order of the Administrator to the Attorney General or the properdistrict attorney, who may, with or without such a reference from theAdministrator, institute the appropriate criminal proceedings under thisChapter. Upon receipt of such reference, the Attorney General or the districtattorney may request that a duly employed attorney of the Administratorprosecute or assist in the prosecution of such violation or violations onbehalf of the State. Upon approval of the Administrator, such employee shall beappointed a special prosecutor for the Attorney General or the districtattorney to serve without compensation from the Attorney General or districtattorney. Such special prosecutor shall have all the powers and dutiesprescribed by law for Assistant Attorneys General or district attorneys andsuch other powers and duties as are lawfully delegated to such specialprosecutor by the Attorney General or the district attorney.

(e)        Nothing in thisChapter limits the power of the State to punish any person for any conductwhich constitutes a crime by statute or at common law. (1989, c. 634, s. 1; 2003‑413,s. 26.)