Sec. 6. (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.
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