Section 4190.202  Criminal Penalties

a)         Class A Misdemeanor – Violations.  Any violation of Section 3 of the Act not involving the disturbance of human skeletal remains is a Class A misdemeanor. A violator is subject to imprisonment for not more than one year and a fine not in excess of $5,000.  Any subsequent violation is a Class 4 felony.  Each disturbance that takes place at an archaeological or paleontological site constitutes a separate offense.  (See Section 5 of the Act.)

b)         Class 4 Felony – Violations.  Any violation of Section 3 of the Act which involves the disturbance of human skeletal remains is a Class 4 felony and the violator shall be subject to imprisonment and a fine. Each disturbance of an unregistered grave, a grave marker or grave artifacts constitutes a separate offense. (See Section 5 of the Act.)