150.990 Penalties.
1,807 words·~8 min read·
/ky/chapter-150/150-990A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Each bird, fish, or animal taken, possessed, bought, sold, or transported and each
device used or possessed contrary to the provisions of this chapter or any
administrative regulation promulgated by the commission thereunder shall
constitute a separate offense. The penalties prescribed in this section shall be for
each offense.
(a)Any person who fails to appear pursuant to a citation or summons issued by a
game warden or peace officer of this Commonwealth for violation of this
chapter or any administrative regulation promulgated thereunder shall forfeit
his or her license or, if that person is license-exempt, shall forfeit the privilege
to perform the acts authorized by the license. The individual shall not be
permitted to purchase another license or exercise the privileges granted by a
license until the citation or summons is resolved. The court shall notify the
department whenever a person has failed to appear pursuant to a citation or
summons for a violation of this chapter or any administrative regulation
promulgated thereunder.
(b)Any person who violates any of the provisions of this chapter or any
administrative regulations promulgated by the commission thereunder may, in
addition to the penalties provided in subsections (3), (4), (5), (6), (7), and
of this section, forfeit his or her license or, if that person is license-exempt,
may forfeit the privilege to perform the acts authorized by the license and
shall not be permitted to purchase another license or exercise the privileges
granted by a license during the same license year. No fines, penalty, or
judgment assessed or rendered under this chapter shall be suspended, reduced,
or remitted otherwise than expressly provided by law. Any person who
violates any administrative regulation which has been or may be promulgated
by the commission under any provisions of this chapter shall be subject to the
same penalty as is provided for the violation of any provisions of this chapter
under which the administrative regulation is promulgated.
(3)Any person who violates any of the provisions of KRS 150.120, 150.170,
150.235(1), 150.280, 150.320, 150.330(2), 150.355, 150.362, 150.400, 150.410,
150.415, 150.416, 150.445, 150.450, 150.470, 150.603, or 150.722(2), or any of the
provisions of this chapter or any administrative regulation promulgated by the
commission for which no definite fine or imprisonment is fixed shall be fined not
less than fifty dollars ($50) nor more than five hundred dollars ($500).
(4)Any person who violates any of the provisions of KRS 150.195(5) to (8), 150.290,
150.300, 150.340, 150.360, 150.362(1), 150.485, 150.600, 150.630, or 150.660
shall be fined not less than fifty dollars ($50) nor more than five hundred dollars
($500) or be imprisoned for not more than six
(6)months, or both. Also, any person
violating the provisions of KRS 150.300 shall be assessed treble damages as
provided in KRS 150.690 or 150.700. Damages assessed under this subsection shall
be ordered to be paid directly to the department. The court shall not direct that the
damages be paid through the circuit clerk.
(5)Any person who violates any of the provisions of KRS 150.411, 150.412, or
150.417 shall be fined not less than one hundred dollars ($100) nor more than five
hundred dollars ($500).
(6)Any person who violates any of the provisions of KRS 150.183, 150.305, 150.365,
150.370, 150.330(1), 150.235(2), (3), or (4), or 150.363 shall be fined not less than
one hundred dollars ($100) nor more than five hundred dollars ($500) or
imprisoned for not more than six
(6)months, or both.
(7)Any person who violates any of the provisions of KRS 150.460 shall be fined not
less than one hundred dollars ($100) nor more than five hundred dollars ($500) or
imprisoned for not more than six
(6)months, or both, and in addition to these
penalties shall be liable to the department in an amount not to exceed the
replacement value of the fish and wildlife which has been killed or destroyed. Costs
assessed for the restoration of wildlife under this subsection shall be ordered to be
paid directly to the department. The court shall not direct that the costs be paid
through the circuit clerk.
(8)Any person who violates the provisions of KRS 150.180, 150.520, 150.525, or
administrative regulations issued thereunder shall for the first offense be fined not
less than one hundred dollars ($100) nor more than one thousand dollars ($1,000);
and shall for a second offense be fined not less than five hundred dollars ($500) nor
more than one thousand five hundred dollars ($1,500); and for any subsequent
offense, be fined two thousand dollars ($2,000).
(9)Any person who violates the provisions of KRS 150.520 or administrative
regulations issued thereunder shall, if the violation relates to methods of taking
mussels, for a first offense be imprisoned in the county jail for no more than thirty
(30)days; for a second offense be imprisoned in the county jail for no more than six
(6)months; and for any subsequent offense be imprisoned in the county jail for no
more than one
(1)year. The penalties for violation of this subsection shall be in
addition to the penalties for violation of subsection (8).
(10)Any person who violates any of the provisions of KRS 150.4111, 150.640, or KRS
150.450(2) or
(3)shall be fined not less than one hundred dollars ($100) nor more
than one thousand dollars ($1,000).
(11)Any person who violates any of the provisions of KRS 150.390 or KRS 150.092(4)
shall be fined not less than one hundred dollars ($100) nor more than one thousand
dollars ($1,000) or imprisoned for not less than thirty
(30)days nor more than one
(1)year, or both. In addition to the penalties prescribed above, he or she shall forfeit
his or her license or, if license-exempt, the privilege to perform the acts authorized
by the license for a period of one
(1)to three
(3)years and shall be liable to the
department in an amount reasonably necessary to replace any deer, wild turkey, or
bear taken in violation of KRS 150.390 and for violations of KRS 150.092(4) shall
be liable to the landowner or occupant for reasonable compensation for damages.
Wildlife replacement costs assessed under this subsection shall be ordered to be
paid directly to the department. The court shall not direct that the damages be paid
through the circuit clerk. Damages assessed under this subsection shall be ordered
to be paid directly to the landowner or occupant. The court shall not direct that the
damages be paid through the circuit clerk. Any person who possesses, takes, or
molests a wild elk in violation of KRS 150.390 or administrative regulations
promulgated under authority of that section shall be fined not less than one
thousand dollars ($1,000) nor more than five thousand dollars ($5,000) or
imprisoned for up to six
(6)months, or both. In addition to these penalties, the
person shall pay to the department an amount not to exceed the greater of the
replacement cost of the wild elk or double any monetary gain realized from the
illegal activity and shall forfeit his or her license or, if license-exempt, the privilege
to perform the acts authorized by the license for a period of one
(1)to three
years.
(12)Any person who violates any of the provisions of KRS 150.090 other than a
criminal homicide or an assault against an officer enforcing the provisions of this
chapter, KRS Chapter 235, or the administrative regulations issued thereunder shall
be guilty of a Class A misdemeanor.
(13)Any person who commits a criminal homicide or an assault against an officer
enforcing the provisions of this chapter, KRS Chapter 235, or the administrative
regulations issued thereunder shall be subject to the penalties specified for the
offense under KRS Chapter 507 or 508, as appropriate.
(14)A person shall be guilty of a Class B misdemeanor upon the first conviction for a
violation of KRS 150.710. A subsequent conviction shall be a Class A
misdemeanor.
(15)Any person who violates the provisions of KRS 150.092 or the administrative
regulations promulgated thereunder for which no other penalty is specified
elsewhere in this section shall for the first offense be fined not less than one
hundred dollars ($100) nor more than three hundred dollars ($300); for the second
offense, be fined not less than three hundred dollars ($300) nor more than one
thousand dollars ($1,000); and for subsequent offenses, shall forfeit the license or,
if license-exempt, the privilege to perform the acts authorized by the license, for
one
(1)year and shall be fined not less than one thousand dollars ($1,000) or be
imprisoned in the county jail for up to one
(1)year, or both. In addition to the
penalties prescribed in this subsection, the violator shall be liable to the landowner
or tenant for the replacement cost of any property which was damaged or destroyed
by his or her actions. Damages assessed under this subsection shall be ordered to be
paid directly to the landowner or the tenant. The court shall not direct that the
damages be paid through the circuit clerk.
(a)Any person who knowingly violates KRS 150.361 shall for a first offense be
fined not less than one hundred dollars ($100) nor more than one thousand
dollars ($1,000) or be imprisoned in the county jail for not more than six
months, or both.
(b)Any person who knowingly violates KRS 150.361 shall for a second or
subsequent offense be fined not less than five hundred dollars ($500) nor
more than one thousand five hundred dollars ($1,500) or be imprisoned in the
county jail for not more than six
(6)months, or both.
(c)In addition to the penalties specified in paragraphs (a), (b), and
(d)of this
subsection, a person knowingly violating KRS 150.361 shall forfeit his or her
hunting license or, if license-exempt, the privilege to perform the acts
authorized by the license for a period of not less than one
(1)nor more than
three
(3)years.
(d)In addition to the penalties specified in paragraphs (a), (b), and
(c)of this
subsection any person knowingly violating KRS 150.361 shall be liable to the
department in an amount not to exceed the greater of the replacement value of
any wildlife killed or wounded in violation of KRS 150.361 or double the
amount of the monetary gain from knowingly violating KRS 150.361.
(e)Wildlife replacement costs or other costs specified in paragraph
(d)of this
subsection shall be ordered paid directly to the department. The court shall not
direct that the replacement costs be paid through the circuit clerk.
(17)Any person convicted of violating KRS 150.186 shall be guilty of a Class A
misdemeanor and shall, whether licensed or license-exempt, forfeit his or her right
to hunt, fish, trap, or be licensed as a guide for a period of ten
(10)years.