Section 77-38-303 - Profit from sale of memorabilia or notoriety of crimes contract - Deposit in Crime Victim Reparations Fund - Penalty(1) Any convicted person or a representative or assignee of a convicted person who receives a profit from the sale or transfer of memorabilia shall remit to the fund: (a) a complete, itemized accounting of the transaction, including:(i) a description of each item sold;(ii) the amount received for each item;(iii) the estimated fair market value of each item; and(iv) the name and address of the purchaser of each item; and(b) a check or money order for the amount of the profit, which shall be the difference between the amount received for the item and the estimated fair market value of the item.(2) Any person who willfully violates Subsection (1) may be assessed a civil penalty of up to $1,000 per item sold or transferred or three times the amount of the unremitted profit, whichever is greater.(3)(a) Any person or entity who enters into a notoriety of crime contract with a convicted person or with a representative or assignee of a convicted person shall pay to the fund any profit which by the terms of the contract would otherwise be owing to the convicted person or representative or assignee of the convicted person.(b) A convicted person or a representative or assignee of a convicted person who has received any profit from a notoriety of crime contract shall remit the profit to the fund. Any future profit which, by the terms of the contract, would otherwise be owing to the convicted person or a representative or assignee of a convicted person shall be paid to the fund as required under Subsection (3)(a).(4) Upon receipt of money under Subsection (3), the office shall distribute the amounts to the victim of the crime from which the profits are derived if any restitution remains outstanding. If no restitution is outstanding, the money shall be deposited into the fund.(5)(a) Any person or entity who willfully violates Subsection (3) may be assessed a civil penalty of up to $1,000,000.00, or up to three times the total value of the original notoriety of crime contract, whichever is greater.(b) Any civil penalty ordered under this Subsection shall be paid to the fund.(6) The prosecuting agency or the attorney general may bring an action to enforce the provisions of this chapter in the court of conviction.(7) A court shall enter an order to remit funds as provided in this chapter if it finds by a preponderance of the evidence any violation of Subsection (1) or (3).Amended by Chapter 278, 2013 General Session ,§ 78, eff. 5/14/2013.Amended by Chapter 260, 2012 General Session ,§ 3, eff. 5/8/2012.Renumbered and Amended by Chapter 3, 2008 General Session