§ 13-30-10-6 — Criminal penalties for violating state regulated wetlands laws

Indiana § 13-30-10-6

• Jurisdiction: Indiana
• Art. 30: ENFORCEMENT AND LEGAL ACTIONS
• Ch. 10: Crimes

Text

(a) A person who:
(1) knowingly or intentionally violates:
(A) the terms of a permit issued under IC 13-18-22 that relates
to state regulated wetlands; or
(B) a statute that relates to state regulated wetlands; and
(2) causes substantial harm to a state regulated wetland;
commits a Level 6 felony.
(b) Notwithstanding IC 35-50-2-6(a), IC 35-50-2-7(a), or IC 35-50-3-2, the court may order a person convicted under this section to
pay:
(1) a fine of at least five thousand dollars ($5,000) and not more
than fifty thousand dollars ($50,000) for each day of violation; or
(2) if the person has a prior unrelated conviction for an offense
under this title that may be punished as a felony, a fine of not
more than one hundred thousand dollars ($100,000) for each day
of violation.
In determining the amount of a fine imposed for a violation of this
section, the court shall consider any improper economic benefit,
including unjust enrichment, received by the defendant as a result of
the unlawful conduct.

Legislative History

As added by P.L.137-2007, SEC.31. Amended by P.L.158-2013, SEC.198.