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Criminal Penalty

[Section] Section
[D26-52.01] 27-2118 Penalties; Willful or Reckless Violations; False Statements
[D26-52.03] 27-2119 Penalties; Refusal to Admit and Interference with Inspection; Failure to Submit Reports

Sec. [D26-52.01] 27-2118 Penalties; willful or reckless violations; false statements

(a) Any person who

(1) Willfully or recklessly violates any provisions of this chapter; or

(2) Willfully or recklessly violates, or fails to comply with, any requirement of an order of the department, or

(3) Willfully makes, or causes any other person to make, any false or misleading statement on any registration statement, notice or other document required to be filed pursuant to this chapter, or on any application, or any accompanying document, for the granting of any permit or any other action by the department pursuant to this chapter, shall be guilty of a misdemeanor punishable by a fine of not less than ten dollars nor more than one thousand dollars for each such violation, or by imprisonment up to one year, or by both such fine and imprisonment.

(b) A person commits a willful violation when such person intentionally acts, or intentionally fails to act, to cause a desired result that violates this chapter. A person commits a reckless violation when such person acts, or fails to act with a conscious disregard of a substantial risk that the act or failure to act will result in a condition, constituting a violation of this code, which will endanger the life, health or safety of another person.

(c) In a prosecution for a willful or reckless violation of a provision of this chapter evidence of prior service of civil process or of prior judgments for civil penalties arising from the same violation, and relating to the same dwelling, shall be admissible on the issue of the defendant's knowledge of the existence of the violation.

(d) Evidence that the defendant had knowledge or notice of the violation and failed to correct the same for more than six months or take reasonable action to explain to the department this failure or inability to make the correction shall be relevant on the issue of the willfulness of defendant's action. This subdivision shall not be construed to prevent conviction for a willful violation on other grounds.

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Sec. [D26-52.03] 27-2119 Penalties; refusal to admit and interference with inspection; failure to submit reports

Any person (1) who refuses entry, or access to an officer or inspector of the department to any premises or part thereof that the officer or inspector is lawfully authorized to inspect, or who unreasonably interferes with an authorized inspection; or (2) who fails to file any report or other paper, which such person is required to file, under this code, except a statement of registration or other paper under article 2 of subchapter 4 of this chapter, shall be guilty of an offense, punishable by a fine of not more than fifty dollars, or by imprisonment for not more than thirty days or by both such fine and imprisonment.

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