(a) Any person who intentionally obtains or tries to obtain any benefit, ensuring or pretending to unduly influence in any manner the conduct of any official or employee who, in the exercise of his or her duties, is in charge of applying the provisions of this chapter, shall incur a felony and if convicted shall be punished with the penalty of imprisonment for a fixed term of three (3) years; should there be any aggravating circumstances, the fixed penalty established may be increased for up to a maximum of six (6) years; should there be any extenuating circumstances, the same may be decreased to a minimum of one (1) year. The court may impose the penalty of restitution, in addition to the established penalty of imprisonment.
(b) Any official or employee in charge of applying the provisions of this chapter who in order to obtain personal financial gain for his or her benefit or for that of a third party, intentionally or unlawfully uses any information or data obtained through the exercise of his or her duties or who carries out his or her duties, functions or tasks related to his or her position in an improper manner, shall incur a felony and if convicted, shall be punished with the penalty of imprisonment for a fixed term of three (3) years; should there be any aggravating circumstances, the fixed penalty established may be increased for up to a maximum of six (6) years; should there be any extenuating circumstances, the same may be decreased to a minimum of one (1) year. The court may impose the penalty of restitution, in addition to the established imprisonment penalty.
History —Aug. 17, 2001, No. 121, § 10.03.