§ 389. Penalty for violations. 1. Except as hereinafter provided, any
person, corporation, agency, society, institution or other organization,
wilfully violating this title, other than section three hundred ninety-g
of this title, or failing to comply with any order which the department
is authorized under this title to make, shall be guilty of a
misdemeanor.

2. (a) Any person, corporation, society, institution or other
organization who or which violates the provisions of subdivision six of
section three hundred seventy-four of this chapter shall be guilty of a
misdemeanor, for the first such offense. Any person, corporation,
society, institution or other organization who or which violates the
provisions of subdivision six of section three hundred seventy-four of
this chapter, after having been once convicted of violating such
provisions, shall be guilty of a felony.

(b) Notwithstanding the provisions of paragraph (a) of this
subdivision, any person, corporation, society, institution or other
organization who or which violates subdivision six of section three
hundred seventy-four of this title, where such unlawful compensation or
thing of value accepted or received exceeds five thousand dollars in
value, shall be guilty of a class E felony as defined in the penal law.
Any person, corporation, society, institution, or other organization who
or which violates subdivision six of section three hundred seventy-four
of this title, where such unlawful compensation or thing of value
accepted or received exceeds five thousand dollars in value, after
having been previously convicted of violating subdivision six of section
three hundred seventy-four of this title, shall be guilty of a class D
felony as defined in the penal law.