KRS § 150.990 — KY Code / Title XII / Chapter 150 / Section 150.990
150.990 Penalties
Status: in_force

150.990 Penalties.

(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.

(2) (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 (8)

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 (3)

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.

(16) (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 (6)

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.