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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 <br>person who willfully fails to maintain records or make entries required under this <br>chapter, or any person who willfully refuses to produce for inspection any books, <br>documents, or records required under this chapter shall be guilty of a Class A <br>misdemeanor.
(3) 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 <br>a fraud shall be guilty of a Class A misdemeanor if the amount involved is less than <br>three hundred dollars ($300) and a Class D felony if the amount involved is three <br>hundred dollars ($300) or more.
(4) Any person who knowingly diverts charitable gaming funds from legitimate
charitable purpose or lawful expenses allowed under this chapter to his financial <br>benefit or the financial benefit of another person shall be guilty of a Class A <br>misdemeanor if the amount involved is less than three hundred dollars ($300) and a <br>Class D felony if the amount involved is three hundred dollars ($300) or more.
(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 <br>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 <br>entry in the business records of a charitable organization; omit to make a true entry <br>in the business records of a charitable organization in violation of a duty to do so <br>that he knows to be imposed upon him by law or by the nature of his position; or <br>prevent the making of a true entry or cause the omission thereof in the business <br>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.
Effective: April 10, 1996 <br>History: Amended 1996 Ky. Acts ch. 331, sec. 14, effective April 10, 1996. -- Created
1994 Ky. Acts ch. 66, sec. 16, effective March 16, 1994.
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