44-6561. Unlawful acts or practices; violation; classification; civil penalty

(L02, Ch. 272, sec. 5. Eff. until 1/1/10)

A. The following acts and practices are unlawful as applied to the planning, conduct or execution of a solicitation and constitute unlawful practices under section 44-1522 that the attorney general may investigate and for which he may take appropriate action as prescribed by chapter 10, article 7 of this title:

1. Knowingly utilizing an emblem, device or printed matter belonging to or associated with a charitable organization without first being authorized in writing to do so by the charitable organization.

2. Knowingly utilizing a name, symbol or statement so closely related or similar to that used by another charitable organization for the purpose of misleading a solicited person.

3. Knowingly making a misrepresentation to a person that the person on whose behalf a solicitation is being conducted is a charitable organization.

4. Knowingly making a representation to a person that another person sponsors, endorses or approves the solicitation if the other person has not given consent in writing to the use of his name for these purposes.

5. Knowingly representing to a person that the registration constitutes an endorsement or approval by this state.

B. Except as provided in section 44-6652, subsection D or subsection C of this section, a person who fails to register or provide reports as provided by this article or who otherwise fails to comply with any provision of this article is guilty of a class 1 misdemeanor.

C. A contracted fund raiser who knowingly conducts any act or practice proscribed in subsection A of this section is guilty of a class 6 felony.

D. An independent solicitor who knowingly conducts any act or practice prescribed in subsection A of this section or who fails to comply with section 44-6555, subsection D is guilty of a class 1 misdemeanor.

E. In addition to the criminal offenses provided in subsections B, C and D of this section, if a person conducts an act or practice proscribed in subsection A of this section, the attorney general may recover from the person on behalf of the state a civil penalty of not more than one thousand dollars per violation. The civil penalty prescribed by this subsection is in lieu of the penalty prescribed by section 44-1531.