KRS § 238.995 — KY Code / Title XIX / Chapter 238 / Section 238.995
238.995 Penalties
Status: in_force

238.995 Penalties.

(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.

(3) (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 (a)

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.

(4) (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 (a)

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.