Kentucky Statutes 292.991 – Penalties
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(1) Any person who willfully violates any provision of KRS § 292.330, 292.332,
292.340, 292.450, or 292.500, or who willfully violates KRS § 292.440 knowing the statement made to be false or misleading in any material respect, shall be guilty of a Class D felony.
For details, see § 532.060 and § 532.090
(2) Any person who willfully violates any provision of KRS § 292.320 shall be guilty of:
(a) If the value of the fraud is equal to or exceeds one million dollars
($1,000,000), a Class B felony;
(b) If the value of the fraud is equal to or exceeds ten thousand dollars ($10,000) but is less than one million dollars ($1,000,000), a Class C felony; or
(c) If the value of the fraud is less than ten thousand dollars ($10,000), a
Class D felony.
(3) Any person who willfully violates any rule or order of the commissioner, authorized under this chapter, shall be guilty of a Class A misdemeanor; but no person may be imprisoned for violation of any rule or order of which that person did not have actual knowledge.
(4) The commissioner may refer such evidence as may be available concerning violations of this chapter or of any rule or order hereunder to the Attorney General or the proper prosecuting authority, who may in his or her discretion, with or without such a reference, institute the appropriate criminal proceedings under this chapter.
(5) Nothing in this chapter limits the power of the state to punish any person for any conduct which constitutes a crime by statute or at common law.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 41, sec. 1, effective June 29, 2017. — Amended 2010 Ky. Acts ch. 24, sec. 879, effective July 15, 2010. — Amended
1994 Ky. Acts ch. 165, sec. 22, effective July 15, 1994. — Amended 1982 Ky. Acts ch. 346, sec. 13, effective July 15, 1982. — Amended 1972 Ky. Acts ch.
265, sec. 17. — Created 1960 Ky. Acts ch. 110, sec. 17, effective January 1,
1961.
292.340, 292.450, or 292.500, or who willfully violates KRS § 292.440 knowing the statement made to be false or misleading in any material respect, shall be guilty of a Class D felony.
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B felony | between 10 and 20 years | between $1,000 and $10,000 |
| Class C felony | between 5 and 10 years | between $1,000 and $10,000 |
| Class D felony | between 1 and 5 years | between $1,000 and $10,000 |
| Class A misdemeanor | up to 12 months | up to $500 |
Terms Used In Kentucky Statutes 292.991
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Person: means an individual, a limited liability company, a corporation, a partnership, a limited partnership, an association, a joint-stock company, a trust where the interests of the beneficiaries are evidenced by a security, an unincorporated organization, a government, or a political subdivision of a government. See Kentucky Statutes 292.310
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
(2) Any person who willfully violates any provision of KRS § 292.320 shall be guilty of:
(a) If the value of the fraud is equal to or exceeds one million dollars
($1,000,000), a Class B felony;
(b) If the value of the fraud is equal to or exceeds ten thousand dollars ($10,000) but is less than one million dollars ($1,000,000), a Class C felony; or
(c) If the value of the fraud is less than ten thousand dollars ($10,000), a
Class D felony.
(3) Any person who willfully violates any rule or order of the commissioner, authorized under this chapter, shall be guilty of a Class A misdemeanor; but no person may be imprisoned for violation of any rule or order of which that person did not have actual knowledge.
(4) The commissioner may refer such evidence as may be available concerning violations of this chapter or of any rule or order hereunder to the Attorney General or the proper prosecuting authority, who may in his or her discretion, with or without such a reference, institute the appropriate criminal proceedings under this chapter.
(5) Nothing in this chapter limits the power of the state to punish any person for any conduct which constitutes a crime by statute or at common law.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 41, sec. 1, effective June 29, 2017. — Amended 2010 Ky. Acts ch. 24, sec. 879, effective July 15, 2010. — Amended
1994 Ky. Acts ch. 165, sec. 22, effective July 15, 1994. — Amended 1982 Ky. Acts ch. 346, sec. 13, effective July 15, 1982. — Amended 1972 Ky. Acts ch.
265, sec. 17. — Created 1960 Ky. Acts ch. 110, sec. 17, effective January 1,
1961.