§ 38-7-16 — Penalties; Burden of Proof of Relationship

Any person, group of persons, association or corporation who:
(1) Conducts, operates or acts as a child-care facility without a license, or a six-month permit or an approval to do so in violation of the provisions of this chapter;
(2) Makes materially false statements in order to obtain a license or permit;
(3) Fails to keep the records and make the reports provided under this chapter;
(4) Advertises any service not authorized by the license or permit held;
(5) Publishes any advertisement in violation of this chapter;
(6) Receives within this state any child in violation of Section 38-7-15;
(7) Violates any other provision of this chapter or any reasonable rule or regulation adopted and published by the department for the enforcement of the provisions of this chapter, shall be guilty of a misdemeanor and shall be fined not less than $100.00 nor more than $1,000.00 or be imprisoned in the county jail not longer than one year, or both, and, in case of an association or corporation, imprisonment may be imposed upon its officers who knowingly participated in the violation.
In a prosecution under this chapter, a defendant who relies upon the relationship of any child to himself has the burden of proof as to that relationship.

Legislative History

(Acts 1971, 3rd Ex. Sess., No. 174, p. 4423, §16.)