§ 44-3-7. Willful Violation of Article; Effect on Statutory or Common-Law Right to Punish Violations; Effect of Article on Attorney General

1. Except as provided in subsection (b) of this Code section, any person who shall willfully violate any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $1,000.00 or imprisonment not to exceed 12 months, or both.
2. Any person who shall willfully violate paragraph (2) of subsection (a) of Code Section 44-3-5 or subsection (d) of Code Section 44-3-5 shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $5,000.00 or imprisonment for not less than one and not more than five years, or both.
3. Nothing in this article shall limit any statutory or common-law right of the state to punish any person for violation of any provision of any law.
4. Nothing in this article shall be deemed to prohibit the Attorney General from exercising any powers under Part 2 of Article 15 of Chapter 1 of Title 10 against any person.

History. Ga. L. 1972, p. 638, § 18; Code 1981, § 44-3-27; Code 1981, § 44-3-10 , enacted by Ga. L. 1982, p. 1431, § 1; Ga. L. 1983, p. 3, § 33; Ga. L. 1990, p. 606, § 1; Code 1981, § 44-3-7 , as redesignated by Ga. L. 1995, p. 993, § 1; Ga. L. 2015, p. 1088, § 33/SB 148.

The 2015 amendment, effective July 1, 2015, substituted “Attorney General” for “administrator appointed under Part 2 of Article 15 of Chapter 1 of Title 10” in the middle of subsection (d).

Cross references.

Revocation of licenses of real estate brokers and salesmen, § 43-40-25 .

Code Commission notes.

Pursuant to § 28-9-5 , in 1985, in subsection (d), “Part 2 of Article 15 of Chapter 1 of Title 10” was substituted for “said part” the second time that phrase appears.

Editor’s notes.

Ga. L. 1995, p. 993, § 1, repealed former Code Section 44-3-7 , relating to investigations by the commission, on-site inspections and reinspections, and investigative hearings, and renumbered former Code Section 44-3-10 as Code Section 44-3-7 , effective July 1, 1995. Former Code Section 44-3-7 was based on Ga. L. 1972, p. 638, § 10; Code 1981, § 44-3-12 ; Code 1981, § 44-3-7, enacted by Ga. L. 1982, p. 1431, § 1; Ga. L. 1983, p. 3, § 33; Ga. L. 1984, p. 22, § 44; Ga. L. 1990, p. 606, § 1.