Kentucky Statutes 213.991 – Penalties
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(1) Any person who shall cremate or cause to be cremated or transport or cause to be transported for the purpose of cremation, the body of any person whose death occurs in the Commonwealth, without first obtaining from the coroner of the county in which death occurred, authorization for the transportation and cremation shall be guilty of a Class D felony.
(2) Any person shall be guilty of a Class A misdemeanor who:
For details, see § 532.060 and § 532.090
(a) Willfully and knowingly makes any false statement in a certificate, record, or report required by this chapter or in an application for an amendment thereof or in an application for a certified copy of a vital record or who willfully and knowingly supplies false information intending that such information be used in the preparation of any report, record or certificate or amendment thereof;
(b) Without lawful authority and with the intent to deceive, makes counterfeits, alters, amends or mutilates any certificate, record or report required by this chapter or a certified copy of such certificate, record or report;
(c) Willfully and knowingly obtains, possesses, uses, sells, furnishes or attempts to obtain, possess, use, sell or furnish to another, for any purpose of deception, any certificate, record or report required by this chapter or certified copy thereof so made, counterfeited, altered, amended, mutilated or which is false in whole or in part or which relates to the birth of another person whether living or deceased;
(d) As an employee of the Vital Statistics Branch or any office designated under KRS § 213.036, willfully and knowingly furnishes or processes a certificate of birth or certified copy of a certificate of birth with the knowledge or intention that it may be used for the purpose of deception; or
(e) Without lawful authority possesses any certificate, record, or report required by this chapter or a copy or certified copy of such certificate, record, or report knowing same to have been stolen or otherwise unlawfully obtained.
(3) Any person shall be guilty of a Class B misdemeanor who:
(a) Willfully and knowingly refuses to provide information required by this chapter or administrative regulations adopted hereunder;
(b) Willfully and knowingly transports or accepts for transportation, interment, or other disposition a dead body without an accompanying permit as provided in this chapter;
(c) Willfully and knowingly neglects or violates any of the provisions of this chapter or refuses to perform any of the duties imposed upon him or her by this chapter; or
(d) As an employee of the Vital Statistics Branch or any office designated under KRS § 213.036, willfully and knowingly violates the confidentiality provisions of KRS § 213.131.
(4) Repeated failure to comply with the requirements of this chapter shall be sufficient cause for the cabinet to file a report with the applicable medical, dental,
chiropractic, or funeral director licensure board citing the omissions of lawful duty and requesting that appropriate disciplinary action be taken.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 445, effective June 20, 2005. — Created
1990 Ky. Acts ch. 369, sec. 31, effective July 13, 1990.
(2) Any person shall be guilty of a Class A misdemeanor who:
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| 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 213.991
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Cabinet: means the Cabinet for Health and Family Services. See Kentucky Statutes 213.011
- Certificate: means the certificate of birth, death, stillbirth, marriage, dissolution of marriage, or annulment as required by this chapter. See Kentucky Statutes 213.011
- Dead body: means a human body or parts of the human body from the condition of which it reasonably may be concluded that death recently occurred. See Kentucky Statutes 213.011
- File: means the presentation of a vital record provided for in this chapter for registration by the Vital Statistics Branch. See Kentucky Statutes 213.011
- Office: means the Office for Children with Special Health Care Needs. See Kentucky Statutes 213.011
- Vital statistics: means the data derived from certificates and reports of birth, death, stillbirth, abortion, marriage, dissolution of marriage, and related reports. See Kentucky Statutes 213.011
(a) Willfully and knowingly makes any false statement in a certificate, record, or report required by this chapter or in an application for an amendment thereof or in an application for a certified copy of a vital record or who willfully and knowingly supplies false information intending that such information be used in the preparation of any report, record or certificate or amendment thereof;
(b) Without lawful authority and with the intent to deceive, makes counterfeits, alters, amends or mutilates any certificate, record or report required by this chapter or a certified copy of such certificate, record or report;
(c) Willfully and knowingly obtains, possesses, uses, sells, furnishes or attempts to obtain, possess, use, sell or furnish to another, for any purpose of deception, any certificate, record or report required by this chapter or certified copy thereof so made, counterfeited, altered, amended, mutilated or which is false in whole or in part or which relates to the birth of another person whether living or deceased;
(d) As an employee of the Vital Statistics Branch or any office designated under KRS § 213.036, willfully and knowingly furnishes or processes a certificate of birth or certified copy of a certificate of birth with the knowledge or intention that it may be used for the purpose of deception; or
(e) Without lawful authority possesses any certificate, record, or report required by this chapter or a copy or certified copy of such certificate, record, or report knowing same to have been stolen or otherwise unlawfully obtained.
(3) Any person shall be guilty of a Class B misdemeanor who:
(a) Willfully and knowingly refuses to provide information required by this chapter or administrative regulations adopted hereunder;
(b) Willfully and knowingly transports or accepts for transportation, interment, or other disposition a dead body without an accompanying permit as provided in this chapter;
(c) Willfully and knowingly neglects or violates any of the provisions of this chapter or refuses to perform any of the duties imposed upon him or her by this chapter; or
(d) As an employee of the Vital Statistics Branch or any office designated under KRS § 213.036, willfully and knowingly violates the confidentiality provisions of KRS § 213.131.
(4) Repeated failure to comply with the requirements of this chapter shall be sufficient cause for the cabinet to file a report with the applicable medical, dental,
chiropractic, or funeral director licensure board citing the omissions of lawful duty and requesting that appropriate disciplinary action be taken.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 445, effective June 20, 2005. — Created
1990 Ky. Acts ch. 369, sec. 31, effective July 13, 1990.