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Alaska Statutes (Last Updated: January 11, 2017) |
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Title 45. TRADE AND COMMERCE. |
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Chapter 45.55. ALASKA SECURITIES ACT. |
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Article 45.55.05. GENERAL PROVISIONS. |
Section 45.55.925. Criminal penalties.
Latest version.
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(a) In addition to the civil penalties assessed under AS 45.55.920, a person who wilfully violates a provision of this chapter except AS 45.55.030(e), 45.55.040(h), 45.55.075, or 45.55.160, or who wilfully violates a regulation or order under this chapter, or who wilfully violates AS 45.55.160 knowing the statement made to be false or misleading in a material respect or the omission to be misleading by any material respect, upon conviction, is punishable by a fine of not more than $5,000, or by imprisonment for not less than one year nor more than five years, or both. Upon conviction of an individual for a felony under this chapter, imprisonment for not less than one year is mandatory. However, an individual may not be imprisoned for the violation of a regulation or order if the individual proves that the individual had no knowledge of the regulation or order. An indictment or information may not be returned under this chapter more than five years after the alleged violation.
(b) The administrator may refer the evidence that is available concerning violations of this chapter or a regulation or order under this chapter to the attorney general who may, with or without a reference, institute appropriate criminal proceedings under this chapter.
(c) Nothing in this chapter limits the power of the state to punish a person for conduct that constitutes a crime by statute or at common law.