§ 870-K — Criminal penalties

§ 870-k. Criminal penalties. 1. (a) Any owner or lessee of an\namusement device, viewing stand or tent who wilfully violates any\nprovision of this article or any rule, regulation, standard or order\npromulgated pursuant to this article, and that violation causes physical\ninjury to any member of the public exposed to the violation, is guilty\nof a class A misdemeanor and upon conviction shall be sentenced in\naccordance with the provisions of the penal law.\n (b) Any owner or lessee of an amusement device, viewing stand or tent\nwho wilfully violates any provision of this article or any rule,\nregulation, standard or order promulgated pursuant to this article, and\nthat violation causes death or serious physical injury to any member of\nthe public exposed to the violation, is guilty of a class E felony and\nupon conviction shall be sentenced in accordance with the provisions of\nthe penal law.\n (c) For the purposes of this subdivision, the term "physical injury"\nshall have the same meaning as that term is defined in subdivision nine\nof section 10.00 of the penal law and the term "serious physical injury"\nshall have the same meaning as that term is defined in subdivision ten\nof section 10.00 of the penal law.\n 2. A person who knowingly makes any false statement, representation,\nor certification in any application, record, report, plan or other\ndocument filed or required to be maintained pursuant to this article, is\nguilty of a misdemeanor and upon conviction is subject to a fine of not\nmore than two thousand five hundred dollars or imprisonment for not more\nthan six months, or both.\n 3. Nothing contained in this section shall be construed to limit or\npreclude a prosecution under any provision of the penal law.\n