Kentucky Statutes 121.990 – Penalties
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(1) Any corporation or any officer, agent, attorney, or employee of a corporation, who knowingly violates any of the provisions of KRS § 121.025, shall be fined not more than ten thousand dollars ($10,000), and, in the case of individuals, be guilty of a Class D felony.
(2) Any corporation that knowingly violates any of the provisions of KRS § 121.035(1) or KRS § 121.310(2) shall be fined not more than ten thousand dollars ($10,000) for each offense, and upon conviction its charter shall be forfeited or its authority to do business revoked.
For details, see § 532.060 and § 532.090
(3) Any person who knowingly violates any of the provisions of KRS § 121.035(2),
121.045, 121.055, 121.150 to 121.230, 121.310(1), or 121.320 shall, for each offense, be guilty of a Class D felony. Violations of KRS § 121.150 to KRS § 121.230 shall include, but shall not be limited to, any of the following acts or omissions:
(a) Failure to make required reports or to file reports at times specified; (b) Making any false statement or report;
(c) Giving money under a fictitious name; or
(d) Making any communication in violation of KRS § 121.190(1).
(4) The nomination for, or election to, an office of any candidate or slate of candidates who knowingly violates any provision of KRS § 121.150 to KRS § 121.220, or whose campaign treasurer knowingly violates any provision of KRS § 121.150 to KRS § 121.220, with the knowledge of that candidate or slate of candidates, shall be void, and, upon a final judicial determination of guilt, the office shall be declared vacant and the officeholder shall forfeit all benefits which he would have been entitled to receive had he continued to serve, and the office or candidacy shall be filled as provided by law for the filling of a vacancy. An action to declare a vacancy under this subsection may be brought by the registry, the Attorney General, any candidate or slate of candidates for the office sought to be declared vacant, or any qualified voter.
(5) The Attorney General, Commonwealth’s attorney, the registry, or any qualified voter may sue for injunctive relief to compel compliance with the provisions of KRS § 121.056 and KRS § 121.120 to KRS § 121.230.
(6) The Commonwealth’s attorney or county attorney for the county in which the candidate or slated candidates reside shall be the chief prosecutor upon receipt of a written request from the registry and shall prosecute any violator under this chapter. In the event he fails or refuses to prosecute a violator, upon written request from the registry, the Attorney General shall appoint a special prosecutor with full authority to carry out the provisions of this section.
(7) Any officeholder who knowingly violates the provisions of KRS § 121.150(12) shall, upon a final judicial determination of guilt, have his office declared vacant and shall forfeit all benefits which he would have been entitled to receive had he continued to serve.
(8) Any Governor or any gubernatorial appointee who knowingly appoints, approves the appointment, or participates in the appointing of any person to any appointive state office or position in violation of KRS § 121.056(1) shall be guilty of a Class D
felony and, upon a final judicial determination of guilt, have his office declared vacant and shall forfeit all benefits which he would have been entitled to receive had he continued to serve.
(9) Any person who knowingly receives an appointment to any appointive state office or position in violation of KRS § 121.056(1) shall be guilty of a Class D felony and, upon a final judicial determination of guilt, have his office declared vacant, forfeit all benefits which he would have been entitled to receive, and shall be ineligible to receive an appointment to a state office or position for a period of five (5) years from the date of a final judicial determination of guilt.
(10) Any elected or appointed state officeholder who knowingly awards or participates in the awarding of a contract with the Commonwealth of Kentucky to a person or entity in violation of KRS § 121.056(2) shall be guilty of a Class D felony and, upon a final judicial determination of guilt, have his office declared vacant and shall forfeit all benefits which he would have been entitled to receive had he continued to serve.
(11) Any person or entity who knowingly receives a contract with the Commonwealth of Kentucky in violation of KRS § 121.056(2) shall be guilty of a Class D felony. Upon conviction, the contract shall be canceled, and the person or entity convicted shall be ineligible to receive a contract with the Commonwealth of Kentucky for a period of five (5) years from the date of a final judicial determination of guilt.
(12) Any person who knowingly violates any of the provisions of KRS § 121.056(3) shall be guilty of a Class D felony.
(13) Any person who knowingly fails to pay a civil penalty, assessed by the registry or a judicial panel pursuant to KRS § 121.140 for violation of campaign finance laws, shall be disqualified from filing for public office until such penalty is paid or the registry rules that settlement has otherwise been made.
(14) Any elected official who knowingly awards or participates in the awarding of a nonbid contract or whose appointee knowingly awards or participates in the awarding of a nonbid contract in violation of KRS § 121.330(1) shall be guilty of a Class D felony and, upon a final judicial determination of guilt, have his office declared vacant and shall forfeit all benefits which he would have been entitled to receive had he continued to serve.
(15) Any entity who knowingly receives a nonbid contract with a governing authority in violation of KRS § 121.330(2) shall be guilty of a Class D felony. Upon conviction, the nonbid contract shall be canceled, and the entity convicted shall be ineligible to receive a nonbid contract with a governing authority for a period of five (5) years from the date of final judicial determination of guilt.
(16) Any elected official who knowingly awards or participates in awarding of a nonbid contract, lease, or appointment to an office or board or whose appointee knowingly awards or participates in the awarding of a nonbid contract, lease, or appointment to an office or board in violation of KRS § 121.330(3) shall be guilty of a Class D felony and, upon a final judicial determination of guilt, have his office declared vacant and shall forfeit all benefits which he would have been entitled to receive had he continued to serve.
(17) (a) Any fundraiser who knowingly receives a nonbid contract, lease, or appointment to an office or board or any entity in which he has an interest who knowingly receives a nonbid contract or lease in violation of KRS
121.330(4) shall be guilty of a Class D felony;
(b) Any immediate family member, employer, or employee of a fundraiser who knowingly receives a nonbid contract, lease, or appointment to an office or board in violation of KRS § 121.330(4) shall be guilty of a Class D felony; and
(c) Upon conviction, the nonbid contract, lease, or appointment shall be canceled, and the person or entity convicted shall be ineligible to receive a nonbid contract, lease, or appointment with a governing authority for a period of five (5) years from the date of a final judicial determination of guilt.
(18) Any appointed or elected state office holder or any other person who knowingly violates the provisions of KRS § 121.120(5) shall be guilty of a Class D felony. In the event a candidate has assumed office, upon a final judicial determination of guilt, his office shall be declared vacant and he shall forfeit all benefits which he would have been entitled to receive had he continued to serve.
(19) Any person who knowingly violates the provisions of KRS § 121.065(1) shall be guilty of a Class A misdemeanor.
Effective: March 16, 2005
History: Amended 2005 Ky. Acts ch. 105, sec. 10, effective March 16, 2005. — Amended 1996 Ky. Acts ch. 153, sec. 9, effective July 15, 1996. — Repealed and reenacted by 1994 Ky. Acts. ch. 279, sec. 1, effective July 15, 1994; and amended ch. 458, sec. 14, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 288, sec. 30, effective July 14, 1992; and ch. 463, sec. 14, effective July 14, 1992. — Amended
1988 Ky. Acts ch. 118, sec. 3, effective 1991; and ch. 341, sec. 48, effective July 15,
1988. — Amended 1986 Ky. Acts ch. 100, sec. 10, effective July 15, 1986; and ch.
168, sec. 2, effective July 15, 1986. — Amended 1980 Ky. Acts ch. 292, sec. 12, effective July 15, 1980. — Created 1974 Ky. Acts ch. 130, secs. 195 and 196.
Legislative Research Commission Note (7/14/92). This section was amended by 1992
Ky. Acts ch. 288, sec. 30, and ch. 463, sec. 14, which appear to be in conflict. Those changes made by ch. 463 which are purely technical to standardize penalties into Penal Code format, are revisory in nature, and the substantive changes made by ch.
288 prevail by virtue of KRS § 7.123(1). Otherwise, the changes of ch. 463 control pursuant to KRS § 446.250.
(2) Any corporation that knowingly violates any of the provisions of KRS § 121.035(1) or KRS § 121.310(2) shall be fined not more than ten thousand dollars ($10,000) for each offense, and upon conviction its charter shall be forfeited or its authority to do business revoked.
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 |
Terms Used In Kentucky Statutes 121.990
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Candidate: means any person who has received contributions or made expenditures, has appointed a campaign treasurer, or has given his or her consent for any other person to receive contributions or make expenditures with a view to bringing about his or her nomination or election to public office, except federal office. See Kentucky Statutes 121.015
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Corporation: may extend and be applied to any corporation, company, partnership, joint stock company, or association. See Kentucky Statutes 446.010
- Election: means any primary, regular, or special election to fill vacancies regardless of whether a candidate or slate of candidates is opposed or unopposed in an election. See Kentucky Statutes 121.015
- Knowingly: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or should have been aware that his or her conduct is of that nature or that the circumstance exists. See Kentucky Statutes 121.015
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Registry: means the Kentucky Registry of Election Finance. See Kentucky Statutes 121.015
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Slate of candidates: means :
(a) Between the time a certificate or petition of nomination has been filed for a candidate for the office of Governor under KRS §. See Kentucky Statutes 121.015 - State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(3) Any person who knowingly violates any of the provisions of KRS § 121.035(2),
121.045, 121.055, 121.150 to 121.230, 121.310(1), or 121.320 shall, for each offense, be guilty of a Class D felony. Violations of KRS § 121.150 to KRS § 121.230 shall include, but shall not be limited to, any of the following acts or omissions:
(a) Failure to make required reports or to file reports at times specified; (b) Making any false statement or report;
(c) Giving money under a fictitious name; or
(d) Making any communication in violation of KRS § 121.190(1).
(4) The nomination for, or election to, an office of any candidate or slate of candidates who knowingly violates any provision of KRS § 121.150 to KRS § 121.220, or whose campaign treasurer knowingly violates any provision of KRS § 121.150 to KRS § 121.220, with the knowledge of that candidate or slate of candidates, shall be void, and, upon a final judicial determination of guilt, the office shall be declared vacant and the officeholder shall forfeit all benefits which he would have been entitled to receive had he continued to serve, and the office or candidacy shall be filled as provided by law for the filling of a vacancy. An action to declare a vacancy under this subsection may be brought by the registry, the Attorney General, any candidate or slate of candidates for the office sought to be declared vacant, or any qualified voter.
(5) The Attorney General, Commonwealth’s attorney, the registry, or any qualified voter may sue for injunctive relief to compel compliance with the provisions of KRS § 121.056 and KRS § 121.120 to KRS § 121.230.
(6) The Commonwealth’s attorney or county attorney for the county in which the candidate or slated candidates reside shall be the chief prosecutor upon receipt of a written request from the registry and shall prosecute any violator under this chapter. In the event he fails or refuses to prosecute a violator, upon written request from the registry, the Attorney General shall appoint a special prosecutor with full authority to carry out the provisions of this section.
(7) Any officeholder who knowingly violates the provisions of KRS § 121.150(12) shall, upon a final judicial determination of guilt, have his office declared vacant and shall forfeit all benefits which he would have been entitled to receive had he continued to serve.
(8) Any Governor or any gubernatorial appointee who knowingly appoints, approves the appointment, or participates in the appointing of any person to any appointive state office or position in violation of KRS § 121.056(1) shall be guilty of a Class D
felony and, upon a final judicial determination of guilt, have his office declared vacant and shall forfeit all benefits which he would have been entitled to receive had he continued to serve.
(9) Any person who knowingly receives an appointment to any appointive state office or position in violation of KRS § 121.056(1) shall be guilty of a Class D felony and, upon a final judicial determination of guilt, have his office declared vacant, forfeit all benefits which he would have been entitled to receive, and shall be ineligible to receive an appointment to a state office or position for a period of five (5) years from the date of a final judicial determination of guilt.
(10) Any elected or appointed state officeholder who knowingly awards or participates in the awarding of a contract with the Commonwealth of Kentucky to a person or entity in violation of KRS § 121.056(2) shall be guilty of a Class D felony and, upon a final judicial determination of guilt, have his office declared vacant and shall forfeit all benefits which he would have been entitled to receive had he continued to serve.
(11) Any person or entity who knowingly receives a contract with the Commonwealth of Kentucky in violation of KRS § 121.056(2) shall be guilty of a Class D felony. Upon conviction, the contract shall be canceled, and the person or entity convicted shall be ineligible to receive a contract with the Commonwealth of Kentucky for a period of five (5) years from the date of a final judicial determination of guilt.
(12) Any person who knowingly violates any of the provisions of KRS § 121.056(3) shall be guilty of a Class D felony.
(13) Any person who knowingly fails to pay a civil penalty, assessed by the registry or a judicial panel pursuant to KRS § 121.140 for violation of campaign finance laws, shall be disqualified from filing for public office until such penalty is paid or the registry rules that settlement has otherwise been made.
(14) Any elected official who knowingly awards or participates in the awarding of a nonbid contract or whose appointee knowingly awards or participates in the awarding of a nonbid contract in violation of KRS § 121.330(1) shall be guilty of a Class D felony and, upon a final judicial determination of guilt, have his office declared vacant and shall forfeit all benefits which he would have been entitled to receive had he continued to serve.
(15) Any entity who knowingly receives a nonbid contract with a governing authority in violation of KRS § 121.330(2) shall be guilty of a Class D felony. Upon conviction, the nonbid contract shall be canceled, and the entity convicted shall be ineligible to receive a nonbid contract with a governing authority for a period of five (5) years from the date of final judicial determination of guilt.
(16) Any elected official who knowingly awards or participates in awarding of a nonbid contract, lease, or appointment to an office or board or whose appointee knowingly awards or participates in the awarding of a nonbid contract, lease, or appointment to an office or board in violation of KRS § 121.330(3) shall be guilty of a Class D felony and, upon a final judicial determination of guilt, have his office declared vacant and shall forfeit all benefits which he would have been entitled to receive had he continued to serve.
(17) (a) Any fundraiser who knowingly receives a nonbid contract, lease, or appointment to an office or board or any entity in which he has an interest who knowingly receives a nonbid contract or lease in violation of KRS
121.330(4) shall be guilty of a Class D felony;
(b) Any immediate family member, employer, or employee of a fundraiser who knowingly receives a nonbid contract, lease, or appointment to an office or board in violation of KRS § 121.330(4) shall be guilty of a Class D felony; and
(c) Upon conviction, the nonbid contract, lease, or appointment shall be canceled, and the person or entity convicted shall be ineligible to receive a nonbid contract, lease, or appointment with a governing authority for a period of five (5) years from the date of a final judicial determination of guilt.
(18) Any appointed or elected state office holder or any other person who knowingly violates the provisions of KRS § 121.120(5) shall be guilty of a Class D felony. In the event a candidate has assumed office, upon a final judicial determination of guilt, his office shall be declared vacant and he shall forfeit all benefits which he would have been entitled to receive had he continued to serve.
(19) Any person who knowingly violates the provisions of KRS § 121.065(1) shall be guilty of a Class A misdemeanor.
Effective: March 16, 2005
History: Amended 2005 Ky. Acts ch. 105, sec. 10, effective March 16, 2005. — Amended 1996 Ky. Acts ch. 153, sec. 9, effective July 15, 1996. — Repealed and reenacted by 1994 Ky. Acts. ch. 279, sec. 1, effective July 15, 1994; and amended ch. 458, sec. 14, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 288, sec. 30, effective July 14, 1992; and ch. 463, sec. 14, effective July 14, 1992. — Amended
1988 Ky. Acts ch. 118, sec. 3, effective 1991; and ch. 341, sec. 48, effective July 15,
1988. — Amended 1986 Ky. Acts ch. 100, sec. 10, effective July 15, 1986; and ch.
168, sec. 2, effective July 15, 1986. — Amended 1980 Ky. Acts ch. 292, sec. 12, effective July 15, 1980. — Created 1974 Ky. Acts ch. 130, secs. 195 and 196.
Legislative Research Commission Note (7/14/92). This section was amended by 1992
Ky. Acts ch. 288, sec. 30, and ch. 463, sec. 14, which appear to be in conflict. Those changes made by ch. 463 which are purely technical to standardize penalties into Penal Code format, are revisory in nature, and the substantive changes made by ch.
288 prevail by virtue of KRS § 7.123(1). Otherwise, the changes of ch. 463 control pursuant to KRS § 446.250.