§11-9-5. Failure to account for and pay over another's tax.
Any person required by any provision of this chapter or
article thirteen-c, chapter eight of this code to collect, or
withhold, account for and pay over any tax, who willfully fails to
truthfully account for and pay over the tax in the manner required
by law, more than thirty days after the date the tax is required to
be accounted for and paid over by law, is guilty of a felony if the
amount of tax not paid over is one thousand dollars or more and,
upon conviction thereof, shall be fined not less than five thousand
dollars nor more than twenty-five thousand dollars or imprisoned in
a correctional facility not less than one nor more than three
years, or, in the discretion of the court, be confined in jail not
more than one year, or both fined and imprisoned; or is guilty of
a misdemeanor, if the amount of tax not paid over is less than one
thousand dollars, and, upon conviction thereof, shall be fined not
less than five hundred dollars nor more than five thousand dollars
or imprisoned in jail not more than six months, or both fined and
imprisoned. Each failure to account for and pay over tax for any
tax period under this section is a separate offense and punishable
accordingly: Provided, That thirty days prior to instituting a
criminal proceeding under this section, the tax commissioner shall
give the person written notice of the failure to truthfully account
for and pay over tax. Notice shall be served on the person by
certified mail or personal service.