Unlawful creation, labeling, or sale of reproduction of antiquities

(1) Terms defined in Sections 76-1-101.5 and 76-6-901 apply to this section. (2) An actor commits unlawful reproduction, labeling, or sale of reproduction of antiquities if the actor: (a) with the intent to represent one or more objects as original and genuine antiquities, intentionally: (i) reproduces, reworks, or forges antiquities; or (ii) (A) makes an object, whether as a copy or not; or (B) falsely labels, describes, identifies, or offers for sale or exchange an object; or (b) counsels, procures, solicits, or employs another person to violate Subsection (2)(a). (3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class B misdemeanor. (b) A violation of Subsection (2) is a third degree felony if: (i) the violation is the actor's second or subsequent violation of this section, Section 76-6-902, or Section 76-6-902.2; or (ii) the amount at issue, as calculated under Subsection (3)(c), exceeds $500. (c) The amount described in Subsection (3)(b)(ii) is calculated by adding together: (i) the commercial or archaeological value of the antiquities involved in the violation; and (ii) the cost of the restoration and repair of the antiquities involved in the violation. (d) 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.