Section 73-2-27 - Criminal penalties(1) This section applies to offenses committed under: (i) Section 76-10-202; and(2) Under circumstances not amounting to an offense with a greater penalty under Subsection 76-6-106(2)(a)(ii), Section 76-6-106.3, or Section 76-6-404, violation of a provision listed in Subsection (1) is punishable: (a) as a felony of the third degree if:(i) the value of the water diverted or property damaged or taken is $2,500 or greater; and(ii) the person violating the provision has previously been convicted of violating the same provision;(b) as a class A misdemeanor if: (i) the value of the water diverted or property damaged or taken is $2,500 or greater; or(ii) the person violating the provision has previously been convicted of violating the same provision; or(c) as a class B misdemeanor if Subsection (2)(a) or (b) does not apply.Amended by Chapter 111, 2023 General Session ,§ 13, eff. 5/3/2023.Amended by Chapter 179, 2023 General Session ,§ 1, eff. 5/3/2023.Amended by Chapter 249, 2015 General Session ,§ 2, eff. 5/12/2015.Amended by Chapter 245, 2015 General Session ,§ 1, eff. 5/12/2015.Enacted by Chapter 215, 2005 General Session