Georgia § 43-24A-24 - Fines and punishments for violations.

§ 43-24A-24. Fines and punishments for violations.

Any person, entity, or board recognized massage therapy educational program that acts in violation of Code Section 43-24A-15, upon conviction thereof, shall be punished as provided in this Code section. Each act of unlawful practice under this Code section shall constitute a distinct and separate offense. Upon being convicted a first time under this Code section, such person, entity, or board recognized massage therapy educational program shall be guilty of and shall be punished as for a misdemeanor for each offense which is punishable by a fine of not less than $500.00 nor more than $5,000.00. Upon being convicted a second time under this Code section, such person, entity, or board recognized massage therapy educational program shall be guilty of and shall be punished as for a misdemeanor of a high and aggravated nature punishable by a fine of not less than $5,000.00 nor more than $10,000.00, or imprisonment for not less than six months nor more than one year, at the discretion of the court. Upon being convicted a third or subsequent time under this Code section, such person, entity, or board recognized massage therapy educational program shall be guilty of a felony and shall be punished by a fine of not more than $25,000.00 for each offense, imprisonment for not less than one nor more than five years, or both, and shall be precluded from owning, operating, or working for or with an entity that offers massage therapy. (Code 1981, § 43-24A-24 , enacted by Ga. L. 2005, p. 1251, § 1/SB 110; Ga. L. 2010, p. 401, § 6/SB 364; Ga. L. 2019, p. 591, § 1/HB 242.) The 2019 amendment, effective May 6, 2019, substituted "person, entity, or board recognized massage therapy educational program that" for "person who" near the beginning of subsection (a); and substituted the present provisions of subsection (c) for the former provisions, which read: "Upon being convicted a first time under this Code section, such person or entity shall be guilty of and shall be punished as for a misdemeanor for each offense. Upon being convicted a second time under this Code section, such person or entity shall be guilty of and shall be punished as for a misdemeanor of a high and aggravated nature. Upon being convicted a third or subsequent time under this Code section, such person or entity shall be guilty of a felony and shall be punished by a fine of not more than $25,000.00 for each offense, imprisonment for not less than one nor more than five years, or both." Editor's notes. - Ga. L. 2010, p. 401, § 7/SB 364, not codified by the General Assembly, provides that the amendment to this Code section shall apply to all offenses which occur on or after July 1, 2010.