{"data":{"id":"us-ky/krs-238.995","jurisdiction":"us-ky","citation":"KRS 238.995","heading":"Penalties.","body":"(1) Any person who willfully conducts without the required license any activity which\nunder this chapter requires a license shall be guilty of a Class A misdemeanor.\n(2) Any person who makes any materially false or misleading statement in making\napplication for licensure or in submitting reports required under this chapter, or any\nperson who willfully fails to maintain records or make entries required under this\nchapter, or any person who willfully refuses to produce for inspection any books,\ndocuments, or reco rds required under this chapter shall be guilty of a Class A\nmisdemeanor.\n(3) (a) Any person who engages in conduct designed to corrupt the outcome of any\ncharitable gaming activity with purpose to defraud or knowing that he is\nfacilitating a fraud shall be guilty of a Class B misdemeanor unless:\n1. The amount involved is five hundred dollars ($500) or more but less\nthan one thousand dollars ($1,000), in which case it is a Class A\nmisdemeanor;\n2. The amount involved is one thousand dollars ($1,000) or more, in which\ncase it is a Class D felony; or\n3. The person has three (3) or more convictions under subparagraph 1. of\nthis paragraph within the last five (5) years, in which case it is a Class D\nfelony. The five (5) year period shall be measured from the date s on\nwhich the offenses occurred for which the judgments of conviction were\nentered.\n(b) If any person commits two (2) or more separate offenses under paragraph (a)\nof this subsection within ninety (90) days, the offenses may be combined and\ntreated as a s ingle offense, and the value of the property in each offense may\nbe aggregated for the purpose of determining the appropriate charge.\n(4) (a) Any person who knowingly diverts charitable gaming funds from legitimate\ncharitable purpose or lawful expenses all owed under this chapter to his\nfinancial benefit or the financial benefit of another person shall be guilty of a\nClass B misdemeanor unless:\n1. The amount involved is five hundred dollars ($500) or more but less\nthan one thousand dollars ($1,000), in which  case it is a Class A\nmisdemeanor;\n2. The amount involved is one thousand dollars ($1,000) or more, in which\ncase it is a Class D felony; or\n3. The person has three (3) or more convictions under subparagraph 1. of\nthis paragraph within the last five (5) years, in which case it is a Class D\nfelony. The five (5) year period shall be measured from the dates on\nwhich the offenses occurred for which the judgments of conviction were\nentered.\n(b) If any person commits two (2) or more separate offenses under paragraph (a)\nof this subsection within ninety (90) days, the offenses may be combined and\ntreated as a single offense, and the value of the property in each offense may\nbe aggregated for the purpose of determining the appropriate charge.\n(5) Any person who commits a second or subsequent offense within a five (5) year\nperiod under subsection (1) or (2) of this section shall be guilty of a Class D felony.\n(6) Nothing contained in this chapter shal l prohibit prosecution of a violation under\nKRS Chapter 528 by the Attorney General, county attorneys, or Commonwealth's\nattorneys.\n(7) No person shall make or cause a false entry to be made in the business records of a\ncharitable organization; alter, eras e, obliterate, delete, remove, or destroy a true\nentry in the business records of a charitable organization; omit to make a true entry\nin the business records of a charitable organization in violation of a duty to do so\nthat he or she knows to be imposed u pon him or her by law or by the nature of his\nor her position; or prevent the making of a true entry or cause the omission thereof\nin the business records of a charitable organization.\n(8) Violation of subsection (7) of this section or falsifying business records of a\ncharitable organization is a Class A misdemeanor.","path":["KRS Chapter 238"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=51032","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:51Z","sha256":"5fa077e01913b6fbeaca41f835c38bb196ab41a106e4c93a56a25557fdc8abf6","source_id":"us-ky","stale":false,"prev":"us-ky/krs-238.990","next":"us-ky/krs-23a.010"},"notice":"GroundRules: Original legal text. Not legal advice."}