§ 16-93-302 — Probation - First time offenders - Penalties

(a) (1) A person may not avail himself or herself of the provisions of this section and §§ 16-93-301 and 16-93-303 on more than one (1) occasion. (2) Any person seeking to avail himself or herself of the benefits of this section and §§ 16-93-301 and 16-93-303 who falsely testifies, swears, or affirms to the court that he or she has not previously availed himself or herself of the benefits of this section and §§ 16-93-301 and 16-93-303 is guilty of a Class D felony. (b) (1) Any person charged under this section and §§ 16-93-301 and 16-93-303 with keeping the confidential records of first offenders, as provided in § 16-93-301 , who divulges any information contained in the records to any person or agency other than a law enforcement officer or judicial officer is guilty of a violation and upon conviction is subject to a fine of not more than five hundred dollars ($500). (2) Each violation shall be considered a separate offense.

Legislative History

Acts 1975, No. 346, §§ 4, 5; A.S.A. 1947, §§ 43-1234, 43-1235; Acts 2005, No. 1994, § 432; 2011, No. 570, § 90.