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150.990 Penalties.
(1)
(2)
(3)
(4)
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.
(a) Any person who fails to appear pursuant to a citation or summons issued
by a conservation officer 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 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.
Any person who violates any of the provisions of KRS 150.120, 150.170,
150.280, 150.320, 150.355, 150.362, 150.400, 150.410, 150.415, 150.416,
150.445, 150.450, 150.470, 150.603, 150.235(1), 150.330(2), or 150.470, 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).
Any person who violates any of the provisions of KRS 150.290, 150.300,
150.340, 150.360, 150.362(1), 150.485, 150.600, 150.630, 150.660, the
provisions of KRS 150.195(5) to (8), or KRS 150.660(3) 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 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
(12)
(13)
(14)
(15)
(16)
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.
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.
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.
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.
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 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.
(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 commercial guide for a period of ten
(10) years.
Effective:July 12, 2012
History: Amended 2012 Ky. Acts ch. 82, sec. 2, effective July 12, 2012. -Amended 2010 Ky. Acts ch. 158, sec. 11, effective July 15, 2010. -- Amended
2006 Ky. Acts ch. 94, sec. 3, effective July 12, 2006; and ch. 209, sec. 2,
effective July 12, 2006. -- Amended 2002 Ky. Acts ch. 183, sec. 13, effective
August 1, 2002. -- Amended 2000 Ky. Acts ch. 512, sec. 2, effective July 14,
2000. -- Amended 1998 Ky. Acts ch. 24, sec. 2, effective March 4, 1998;
ch. 275, sec. 5, effective July 15, 1998; and ch. 606, sec. 169, effective July 15,
1998. -- Amended 1996 Ky. Acts ch. 250, sec. 2, effective July 15, 1996. -Amended 1994 Ky. Acts ch. 239, sec. 10, effective July 15, 1994; ch. 413,
sec. 5, effective July 15, 1994. Amended 1992 Ky. Acts ch. 353, sec. 10. -Amended 1990 Ky. Acts ch. 474, sec. 11, effective July 13, 1990. -- Amended
1988 Ky. Acts ch. 81, sec. 1(5), effective July 15, 1988. -- Amended 1986 Ky.
Acts ch. 265, sec. 26, effective July 15, 1986; and ch. 424, sec. 2, effective July
15, 1986. -- Amended 1984 Ky. Acts ch. 194, sec. 2, effective July 13, 1984. -Amended 1980 Ky. Acts ch. 49, sec. 8, effective July 15, 1980. -- Amended
1978 Ky. Acts ch. 178, sec. 18, effective June 17, 1978; ch. 181, sec. 2,
effective June 17, 1978; and ch. 384, sec. 291, effective June 17, 1978. -Amended 1972 Ky. Acts ch. 40, sec. 1(4), effective January 1, 1973. -Amended 1970 Ky. Acts ch. 92, sec. 28. -- Amended 1968 Ky. Acts ch. 38,
sec. 28. -- Amended 1956 Ky. Acts ch. 93, sec. 4; and ch. 115, sec. 23. -Amended 1952 Ky. Acts ch. 200, sec. 72. -- Amended 1948 Ky. Acts ch. 50,
sec. 1(2); ch. 77, sec. 8; and ch. 78, secs. 24, 25, and 26. -- Amended 1946 Ky.
Acts ch. 84, sec. 31. -- Amended 1944 Ky. Acts ch. 124, sec. 17. -- Amended
1942 Ky. Acts ch. 68, sec. 55. -- Recodified 1942 Ky. Acts ch. 208, sec. 1,
effective October 1, 1942, from Ky. Stat. secs. 1253, 1392a-3, 1954d-13,
1954d-14, 1954d-16, 1954d-29, 1954d-33, 1954d-34, 1954d-38, 1954d-39,
1954d-41, 1954d-49, 1954d-51, 1954d-52, 1954d-52c, 1954d-53, 1954d-54,
1954d-55, 1954d-56, 1954d-57, 1954d-59, 1954d-60, 1954d-61, 1954d-62,
1954d-62d, 1954d-68, 1954d-69, 1954d-71.
Legislative Research Commission Note (7/15/2010). 2010 Ky. Acts ch. 158,
sec. 11, amended this section and added the phrase "the knowing violating of"
in subsection 16(d). From an examination of the bill and of KRS 501.020,
"Definition of mental states," it is apparent that the phrase used should have
been "knowingly violating." This change has been made by the Reviser of
Statutes under the authority of KRS 7.136.
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