SECTION 55-400. Penalties


A. Any person who willfully violates any of the provisions of § 55-374 , 55-374 , 55-374 , 55-374 , 55-374 , 55-374 , 55-374 , or 55-374 , or any order issued pursuant to §§ 55-374 through 55-374 shall be guilty of a Class 5 felony.

Any person who willfully violates any of the provisions of § 55-374 , 55-374 , or 55-374 or any order issued pursuant to §§ 55-374 through 55-374 regarding a violation of § 55-374 , 55-374 , or 55-374 shall be guilty of a Class 1 misdemeanor.

Each violation shall be deemed a separate offense.

B. Any developer, member, agent or affiliate of any developer of time-shares registered pursuant to § 55-374 , or any reseller, who violates any provision of this chapter or regulations promulgated pursuant to this chapter, and who is not criminally prosecuted, may be subject to a monetary penalty. If it has been determined by the Board upon or after a hearing that a respondent has violated this chapter or the Board's rules and regulations, the Board shall proceed to determine the amount of the monetary penalty for such violation, which shall not exceed $2,000 for each violation. Such penalty may be sued for and recovered in the name of the Commonwealth.

1981, c. 462; 1983, c. 59; 1985, c. 517; 1991, c. 704; 2012, c. 55-374 .