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209.990 Penalties.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Anyone knowingly or wantonly violating the provisions of KRS 209.030(2) shall
be guilty of a Class B misdemeanor as designated in KRS 532.090. Each
violation shall constitute a separate offense.
Any person who knowingly abuses or neglects an adult is guilty of a Class C
felony.
Any person who wantonly abuses or neglects an adult is guilty of a Class D
felony.
Any person who recklessly abuses or neglects an adult is guilty of a Class A
misdemeanor.
Any person who knowingly exploits an adult, resulting in a total loss to the adult
of more than three hundred dollars ($300) in financial or other resources, or
both, is guilty of a Class C felony.
Any person who wantonly or recklessly exploits an adult, resulting in a total
loss to the adult of more than three hundred dollars ($300) in financial or other
resources, or both, is guilty of a Class D felony.
Any person who knowingly, wantonly, or recklessly exploits an adult, resulting
in a total loss to the adult of three hundred dollars ($300) or less in financial or
other resources, or both, is guilty of a Class A misdemeanor.
If a defendant is sentenced under subsection (5), (6), or (7) of this section and
fails to return the victim's property as defined in KRS 218A.405 within thirty (30)
days of an order by the sentencing court to do so, or is thirty (30) days or more
delinquent in a court-ordered payment schedule, then the defendant shall be
civilly liable to the victim of the offense or the victim's estate for treble
damages, plus reasonable attorney fees and court costs. Any interested
person or entity, as defined in KRS 387.510, shall have standing to bring a civil
action on the victim's behalf to enforce this section. The sentencing judge shall
inform the defendant of the provisions of this subsection at sentencing.
Effective:June 8, 2011
History: Amended 2011 Ky. Acts ch. 43, sec. 1, effective June 8, 2011. -Amended 2005 Ky. Acts ch. 132, sec. 8, effective June 20, 2005. -- Amended
1998 Ky. Acts ch. 249, sec. 1, effective July 15, 1998; and ch. 370, sec. 5,
effective July 15, 1998. -- Amended 1986 Ky. Acts ch. 56, sec. 2, effective July
15, 1986. -- Created 1976 Ky. Acts ch. 157, sec. 9.
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