(1) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits fraudulent advertisement, sale, lease, or mortgaging of real property if the actor knowingly:
(a)
(i) lists or advertises residential real property for sale; or
(ii) sells, leases, or mortgages real property; and
(b) does not have legal title to the property or authority to advertise, sell, lease, or mortgage the real property.
(3) A violation of Subsection (2) is a second degree felony.