(a) A seller may not fail to deposit, as required by this subtitle, money received under or in connection with a preneed burial contract. (b) (1) Except as otherwise provided in subsection (c) of this section, a person who violates this section is guilty of a misdemeanor and, on conviction, is subject to: (i) for a first violation, a fine not exceeding $10,000 or imprisonment not exceeding 1 year or both; (ii) for a second violation, a fine not exceeding $15,000 or imprisonment not exceeding 2 years or both; and (iii) for a third or subsequent violation, a fine not exceeding $20,000 or imprisonment not exceeding 3 years or both. (2) Except as otherwise provided in subsection (c) of this section, if a corporation violates this section, each officer responsible for the violation is guilty of a misdemeanor and, on conviction, is subject to: (i) for a first violation, a fine not exceeding $10,000 or imprisonment not exceeding 1 year or both; (ii) for a second violation, a fine not exceeding $15,000 or imprisonment not exceeding 2 years or both; and (iii) for a third or subsequent violation, a fine not exceeding $20,000 or imprisonment not exceeding 3 years or both. (c) A person who willfully misappropriates or intentionally and fraudulently converts preneed trust funds in excess of $100 to that person's own use is guilty of a felony and, on conviction, is subject to a fine not exceeding $25,000 or imprisonment not exceeding 10 years or both.
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