§ 73-2-27 — Criminal penalties.

(1) This section applies to offenses committed under:
(1)(a) Section 73-1-14;
(1)(b) Section 73-1-15;
(1)(c) Section 73-2-20;
(1)(d) Section 73-3-3;
(1)(e) Section 73-3-26;
(1)(f) Section 73-3-29;
(1)(g) Section 73-5-9;
(1)(h) Section 76-9-1202;
(1)(i) Section 76-9-1203; and
(1)(j) Section 76-9-1204.
(2) Under circumstances not amounting to an offense with a greater penalty under Subsection 76-6-106(2)(a)(ii), Section 76-6-106.3, or Section 76-6-404, violation of a provision listed in Subsection (1) is punishable:
(2)(a) as a felony of the third degree if:
(2)(a)(i) the value of the water diverted or property damaged or taken is $2,500 or greater; and
(2)(a)(ii) the person violating the provision has previously been convicted of violating the same provision;
(2)(b) as a class A misdemeanor if:
(2)(b)(i) the value of the water diverted or property damaged or taken is $2,500 or greater; or
(2)(b)(ii) the person violating the provision has previously been convicted of violating the same provision; or
(2)(c) as a class B misdemeanor if Subsection (2)(a) or (b) does not apply.

Legislative History

Amended by Chapter 173, 2025 General Session