238.995 Penalties.
665 words·~3 min read·
/ky/chapter-238/238-995A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Any person who willfully conducts without the required license any activity which
under this chapter requires a license shall be guilty of a Class A misdemeanor.
(2)Any person who makes any materially false or misleading statement in making
application for licensure or in submitting reports required under this chapter, or any
person who willfully fails to maintain records or make entries required under this
chapter, or any person who willfully refuses to produce for inspection any books,
documents, or records required under this chapter shall be guilty of a Class A
misdemeanor.
(a)Any person who engages in conduct designed to corrupt the outcome of any
charitable gaming activity with purpose to defraud or knowing that he is
facilitating a fraud shall be guilty of a Class B misdemeanor unless:
1. The amount involved is 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 amount involved is one thousand dollars ($1,000) or more, 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 offenses under paragraph
of this subsection 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.
(a)Any person who knowingly diverts charitable gaming funds from legitimate
charitable purpose or lawful expenses allowed under this chapter to his
financial benefit or the financial benefit of another person shall be guilty of a
Class B misdemeanor unless:
1. The amount involved is 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 amount involved is one thousand dollars ($1,000) or more, 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 offenses under paragraph
of this subsection 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.
(5)Any person who commits a second or subsequent offense within a five
(5)year
period under subsection
(1)or
(2)of this section shall be guilty of a Class D felony.
(6)Nothing contained in this chapter shall prohibit prosecution of a violation under
KRS Chapter 528 by the Attorney General, county attorneys, or Commonwealth's
attorneys.
(7)No person shall make or cause a false entry to be made in the business records of a
charitable organization; alter, erase, obliterate, delete, remove, or destroy a true
entry in the business records of a charitable organization; omit to make a true entry
in the business records of a charitable organization in violation of a duty to do so
that he or she knows to be imposed upon him or her by law or by the nature of his
or her position; or prevent the making of a true entry or cause the omission thereof
in the business records of a charitable organization.
(8)Violation of subsection
(7)of this section or falsifying business records of a
charitable organization is a Class A misdemeanor.