Kentucky Statutes 209.990 – Penalties
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(1) 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.
(2) Any person who knowingly abuses or neglects an adult is guilty of a Class C felony. (3) Any person who wantonly abuses or neglects an adult is guilty of a Class D felony. (4) Any person who recklessly abuses or neglects an adult is guilty of a Class A
For details, see § 532.060 and § 532.090
misdemeanor.
(5) 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.
(6) 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.
(7) 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.
(8) 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.
(2) Any person who knowingly abuses or neglects an adult is guilty of a Class C felony. (3) Any person who wantonly abuses or neglects an adult is guilty of a Class D felony. (4) Any person who recklessly abuses or neglects an adult is guilty of a Class A
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| 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 |
| Class B misdemeanor | up to 90 days | up to $250 |
Terms Used In Kentucky Statutes 209.990
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Adult: means a person eighteen (18) years of age or older who, because of mental or physical dysfunctioning, is unable to manage his or her own resources, carry out the activity of daily living, or protect himself or herself from neglect, exploitation, or a hazardous or abusive situation without assistance from others, and who may be in need of protective services. See Kentucky Statutes 209.020
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Court: means the Circuit Court or the District Court if no judge of that Circuit
Court is present in the county. See Kentucky Statutes 209.020 - Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
misdemeanor.
(5) 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.
(6) 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.
(7) 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.
(8) 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.