Revised Code of Washington - RCW Title 21 Securities And Investments - Section 21.20.400 Penalty for violation of chapter -- Limitation of actions (as amended by 2003 c 53)

§ 21.20.400. Penalty for violation of chapter -- Limitation of actions (as amended by 2003 c 53)

(1) Any person who willfully violates any provision of this chapter except RCW 21.20.350, or who willfully violates any rule or order under this chapter, or who willfully violates RCW 21.20.350 knowing the statement made to be false or misleading in any material respect, ((shall upon conviction be fined not more than five thousand dollars or imprisoned not more than ten years, or both; but no)) is guilty of a class B felony punishable under RCW 9A.20.021(1)(b). However, a person may not be imprisoned for the violation of any rule or order if that person proves that he or she had no knowledge of the rule or order.

(2) Any person who knowingly alters, destroys, shreds, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object's integrity or availability for use in an official proceeding under this chapter, is guilty of a class B felony punishable under RCW 9A.20.021(1)(b) or punishable by a fine of not more than five hundred thousand dollars, or both. The fines paid under this subsection shall be deposited into the securities prosecution fund.

(3) No indictment or information may be returned under this chapter more than (a) five years after the ((alleged)) violation, or (b) three years after the actual discovery of the violation, whichever date of limitation is later.

[2003 c 288 § 3; 1979 ex.s. c 68 § 28; 1965 c 17 § 5; 1959 c 282 § 40.]

RCW 21.20.400

Penalty for violation of chapter Limitation of actions (as amended by 2003 c 53).

Any person who willfully violates any provision of this chapter except RCW 21.20.350, or who willfully violates any rule or order under this chapter, or who willfully violates RCW 21.20.350 knowing the statement made to be false or misleading in any material respect, is guilty of a class B felony and shall upon conviction be fined not more than five thousand dollars or imprisoned not more than ten years, or both; but no person may be imprisoned for the violation of any rule or order if that person proves that he or she had no knowledge of the rule or order. No indictment or information may be returned under this chapter more than five years after the alleged violation.

[2003 c 53 § 163; 1979 ex.s. c 68 § 28; 1965 c 17 § 5; 1959 c 282 § 40.]

Notes:
     Reviser's note: RCW 21.20.400 was amended twice during the 2003 legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.

     Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.

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Last modified: April 7, 2009