194A.990 Penalties.
446 words·~2 min read·
/ky/chapter-194a/194a-990A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Any person who violates the provisions of KRS 194A.505(1), (2), or
(7)shall
be guilty of a Class B misdemeanor unless:
1. The sum total of benefits received in excess of that to which the person
was entitled at the time of the offense was committed is valued at five
hundred dollars ($500) or more but less than one thousand dollars
($1,000), in which case it is a Class A misdemeanor;
2. The sum total of benefits received in excess of that to which the person
was entitled at the time the offense was committed is valued at or above
one thousand dollars ($1,000) in which case it is a Class D felony; or
3. The person has three
(3)or more convictions under subparagraph 1. of
this paragraph within the last five
(5)years, in which case it is a Class D
felony. The five
(5)year period shall be measured from the dates on
which the offenses occurred for which the judgments of conviction were
entered.
(b)If any person commits two
(2)or more separate violations of the provisions of
KRS 194A.505(1), (2), or
(7)within ninety
(90)days, the offenses may be
combined and treated as a single offense, and the value of the property in each
offense may be aggregated for the purpose of determining the appropriate
charge.
(2)Any person who violates KRS 194A.505(3) shall be guilty of a Class D felony.
(3)Any person who violates the provisions of KRS 194A.505(4) or
(5)shall be guilty
of a Class C felony.
(4)Any person who violates the provisions of KRS 194A.505(6) shall be guilty of a
Class D felony, unless the purpose of the violation is to obtain ten thousand dollars
($10,000) or more, in which case it shall be a Class C felony.
(5)Any person who violates KRS 194A.505(1) to
(6)shall, in addition to any other
penalties provided by law, forfeit and pay a civil penalty of payment to the cabinet
in the amount of all benefits and payments to which the person was not entitled.
(6)Any provider who violates KRS 194A.505(1) to
(6)shall, in addition to any other
penalties provided by law, including the penalty set forth in subsection
(5)of this
section, forfeit and pay civil penalties of:
(a)Payment to the State Treasury's general revenue fund in an amount equal to
three
(3)times the amount of the benefits and payments to which the person
was not entitled; and
(b)Payment to the State Treasury's general revenue fund of all reasonable
expenses that the court determines have been necessarily incurred by the state
in the enforcement of this section.