Section 25.35. Criminal penalties


Latest version.
  • 1. (a) Any person, firm, corporation or
      other  entity,  whether  or not domiciled, licensed or registered within
      the state, which is convicted of violating section  25.27  or  25.29  of
      this  article  shall  be guilty of a class A misdemeanor punishable by a
      fine not to exceed one thousand dollars or two times the amount  of  the
      defendant's  gain, to be determined pursuant to the procedures set forth
      in section 400.30 of the criminal procedure law, whichever  is  greater,
      or  by  a  term  of imprisonment not to exceed one year, or by both such
      fine and imprisonment.
        (b) Any person, firm, corporation or  other  entity,  whether  or  not
      domiciled,  licensed, or registered within the state, which is convicted
      of violating section 25.27 or 25.29 of this article, when the  value  of
      the  commission,  gratuity,  bonus,  premium or price unlawfully paid or
      accepted exceeds one thousand dollars for an event as defined in section
      23.03 of this chapter, whether or not such payment is for tickets  to  a
      single  performance  of that event, shall be guilty of a class E felony,
      punishable by a term of imprisonment in accordance with the  penal  law,
      or  by  a  fine  of five thousand dollars or two times the amount of the
      defendant's gain, to be determined pursuant to the procedures set  forth
      in  section  400.30 of the criminal procedure law, whichever is greater,
      or by both such fine and imprisonment.
        2. Any person, firm or corporation which  is  convicted  of  violating
      subdivision  two  of  section 25.09 of this article shall be guilty of a
      misdemeanor punishable by a term of imprisonment not to exceed one  year
      or  by  a  fine  not  to exceed seven hundred fifty dollars on the first
      conviction; one thousand five hundred dollars on the second  conviction;
      and  two thousand dollars, on each subsequent conviction or by both such
      fine and imprisonment.
        3. Any person, firm or corporation which  is  convicted  of  knowingly
      violating  subdivision  one of section 25.07 or section 25.13 or section
      25.15 of this article shall be guilty of a misdemeanor punishable  by  a
      term  of imprisonment not to exceed one hundred eighty days or by a fine
      not to exceed five hundred dollars on the first conviction; one thousand
      dollars on the second conviction;  and  two  thousand  dollars  on  each
      subsequent conviction or by both such fine and imprisonment.
        4.  Notwithstanding  any  other  penalty  which may be imposed for any
      other violation of this article, any person, firm or  corporation  which
      is  convicted of violating section 25.11 of this article shall be guilty
      of a violation punishable by a fine not to exceed two hundred dollars on
      the first conviction; five hundred dollars on the second conviction; and
      one thousand dollars on each subsequent conviction.
        5. Any person, firm or corporation which  is  convicted  of  violating
      subdivision  one  of  section 25.09 of this article shall be guilty of a
      violation punishable by a fine not to exceed five hundred dollars.
        6. Any person, firm or corporation which is convicted of violating any
      other section of this article shall be guilty of a violation  punishable
      by a fine not to exceed two hundred fifty dollars.
        * NB Repealed May 16, 2010