76-6-902. Antiquities alteration, removal, injury, or destruction.
(1) Terms defined in Sectionsandapply to this section. 76-1-101.5 76-6-901
(2) An actor commits antiquities alteration, removal, injury, or destruction if the actor: intentionally alters, removes, injures, or destroys antiquities from state lands or private lands without the landowner's consent; or counsels, procures, solicits, or employs another person to violate Subsection. (2)(a)
(3) Except as provided in Subsection, a violation of Subsectionis a class B misdemeanor. (3)(b) (2) A violation of Subsectionis a third degree felony if: (2) the violation is the actor's second or subsequent violation of this section, Section, or Section; or 76-6-902.1 76-6-902.2 the amount at issue, as calculated under Subsection, exceeds $500. (3)(c) The amount described in Subsectionis calculated by adding together: (3)(b)(ii) the commercial or archaeological value of the antiquities involved in the violation; and the cost of the restoration and repair of the antiquities involved in the violation. An actor shall surrender to the landowner all articles and material discovered, collected, excavated, or offered for sale or exchange in violation of this section.
(4) For a violation of Subsectionon state lands, the court may: (2) impose a fine up to the full amount described in Subsection; or (3)(c) order the actor to pay restitution for the damage caused by the actor's violation of this section. The court may order that restitution under Subsectionbe deposited into the Public Lands Restoration and Protection Fund created in Section. (4)(a) 9-8a-207