(815 ILCS 5/14) (from Ch. 121 1/2, par. 137.14)
Sec. 14.
Sentence.
A. Any person who violates any of the provisions of subsection A, B, C,
or D of Section 12 or paragraph (3) of subsection K of Section 12 of this
Act shall be
guilty of a Class 4 felony.
B. Any person who violates any of the provisions of subsection E,
F, G, H, I, or J, paragraph (1) or (2) of subsection K, or
subsection
L
of Section 12
of this Act shall be guilty of a Class 3 felony.
B-5. A person who violates a provision of subsection E, F, G, H, I,
or J or paragraph (1) or (2) of subsection K of Section 12 of this Act by use
of a plan, program, or campaign that is conducted using one or more
telephones for the purpose of inducing the purchase or sale of securities is
guilty of a Class 2 felony.
B-10. A person who in the course of violating a provision of
subsection E, F, G, H, I, or J or paragraph (1) or (2) of subsection K of
Section 12 of this Act induces a person 60 years of age or older to purchase
or sell securities is guilty of a Class 2 felony.
C. No prosecution for violation of any provision of this Act shall
bar or be barred by any prosecution for the violation of any other
provision of this Act or of any other statute; but all prosecutions
under this Act or based upon any provision of this Act must be commenced
within 3 years after the violation upon which such prosecution is based;
provided however, that if the accused has intentionally concealed evidence
of a violation of subsection E, F, G, H, I, J, or K of Section 12 of this
Act, the period of limitation prescribed herein shall be extended up to an
additional 2 years after the proper prosecuting officer becomes aware of
the offense but in no such event shall the period of limitation so extended
be more than 2 years beyond the expiration of the period otherwise applicable.
D. For the purposes of this Act all persons who shall sell or offer
for sale, or who shall purchase or offer to purchase, securities in
violation of the provisions of this Act, or who shall in any manner
knowingly authorize, aid or assist in any unlawful conduct under this Act
shall be deemed
equally guilty, and may be tried and punished in the county in which said
unlawful sale or offering for sale or unlawful purchase or offer to
purchase was made, or in the county in which the securities so sold or
offered for sale or so purchased or offered to be purchased were delivered
or proposed to be delivered to the purchaser thereof or by the seller
thereof, as the case may be.
E. Any person who shall be convicted of a second or any subsequent
offense specified in subsection A, B, C, D, or paragraph (3) of
subsection K of Section 12 of this
Act
shall be guilty of a Class 3 felony, and any person who shall be
convicted of a second or any subsequent offense specified in subsection E, F,
G, H, I, J, or paragraph (1) or (2) of subsection K of
Section 12 of this Act shall be guilty of a Class 2 felony.
F. If any person referred to in this Section is not a natural person,
it may upon conviction of a first offense be fined up to $25,000, and if
convicted of a second and subsequent offense, may be fined up to $50,000,
in addition to any other sentence authorized by law.
G. This Act shall not be construed to repeal or affect any law now
in force relating to the organization of corporations in this State or
the admission of any foreign corporation to do business in this State.
H. For the purposes of this Act, all persons who sell or offer for
sale, or who purchase or offer to purchase any mineral investment contract
or mineral deferred delivery contract in violation of the provisions of this
Act or who, in any manner, knowingly authorize, aid, or assist in any
unlawful sale or offer for sale or unlawful purchase or offer to purchase
any mineral investment contract or mineral deferred delivery contract shall
be deemed equally guilty and may be tried and punished in the county
in which the unlawful sale or offer for sale or unlawful purchase or offer
to purchase any mineral investment contract or mineral deferred delivery
contract was made or in the county in which the mineral investment
contract or mineral deferred delivery contract so sold or offered for sale
or so purchased or offered to be purchased was delivered or proposed to be
delivered to the purchaser thereof or by the seller thereof, as the case
may be, or in Sangamon County.
(Source: P.A. 92-308, eff. 1-1-02; 93-580, eff. 8-21-03.)
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