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238.995 Penalties.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
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.
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.
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 A misdemeanor if the amount
involved is less than three hundred dollars ($300) and a Class D felony if the
amount involved is three hundred dollars ($300) or more.
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 A misdemeanor if the amount involved is less than three hundred dollars
($300) and a Class D felony if the amount involved is three hundred dollars
($300) or more.
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.
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.
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 knows to be imposed upon him by law or by
the nature of his position; or prevent the making of a true entry or cause the
omission thereof in the business records of a charitable organization.
Violation of subsection (7) of this section or falsifying business records of a
charitable organization is a Class A misdemeanor.
Effective:April 10, 1996
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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