1. a. Except as provided in paragraph "b", a person who willfully violates any provision of this chapter, or any rule or order under this chapter, is guilty of a class "D" felony.
b. A person who willfully violates section 502.401, 502.402, or 502.403, or section 502.408, subsection 1 or 2, resulting in a loss of more than ten thousand dollars is guilty of a class "C" felony.
2. The administrator may refer such evidence as is available concerning violations of this chapter or of any rule or order hereunder to the attorney general or the proper county attorney who may, with or without such a reference, institute the appropriate criminal proceedings under this chapter.
3. Nothing in this chapter limits the power of the state to punish any person for any conduct which constitutes a crime under any other statute.
4. In a criminal proceeding brought under this chapter, the applicability of any exemption, exception, exclusion from a definition, or preemption shall be an affirmative defense. The defendant claiming such an exemption, exception, exclusion, or preemption has the burden of going forward with the evidence of the claim.
[SS15, § 1920-u19, -u20, -u21; C24, 27, § 8577--8579; C31, 35, § 8581-c21, -c22, -c23; C39, § 8581.26--8581.28; C46, 50, 54, 58, 62, 66, 71, 73, 75, § 502.26--502.28; C77, 79, 81, § 502.605]
2000 Acts, ch 1147, §18; 2001 Acts, ch 118, §13, 14
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