73-2-27. Criminal penalties.
(1) This section applies to offenses committed under: Section; 73-1-14 Section; 73-1-15 Section; 73-2-20 Section; 73-3-3 Section; 73-3-26 Section; 73-3-29 Section; 73-5-9 Section; 76-9-1202 Section; and 76-9-1203 Section. 76-9-1204
(2) Under circumstances not amounting to an offense with a greater penalty under Subsection, Section, or Section, violation of a provision listed in Subsectionis punishable: 76-6-106(2)(a)(ii) 76-6-106.3 76-6-404 (1) as a felony of the third degree if: the value of the water diverted or property damaged or taken is $2,500 or greater; and the person violating the provision has previously been convicted of violating the same provision; as a class A misdemeanor if: the value of the water diverted or property damaged or taken is $2,500 or greater; or the person violating the provision has previously been convicted of violating the same provision; or as a class B misdemeanor if Subsectionordoes not apply. (2)(a) (b)