SEQ CHAPTER

TITLE XIII: GENERAL OFFENSES

Chapter

l30. OFFENSES AGAINST PERSONS

l3l. FAMILY OFFENSES

l32. OFFENSES AGAINST PROPERTY

l33. OFFENSES AGAINST PUBLIC MORALS

l34. GAMBLING OFFENSES

l35. OFFENSES AGAINST PUBLIC ADMINISTRATION AND

JUSTICE

l36. OFFENSES AGAINST PUBLIC ORDER

l37. SEXUAL OFFENSES

l38. INCHOATE OFFENSES

l39. GENERAL PENALTY FOR TITLE XIII

CHAPTER l30: OFFENSES AGAINST PERSONS

EDITOR'S NOTE:

This chapter contains references to those sections of the Kentucky Revised Statutes which prohibit the most common offenses against persons. These citations are intended only as convenient references for enforcement officers in citing offenders under state law. It is not the intention of the municipality to incorporate such statutory provisions in this code of ordinances, and such provisions are specifically not incorporated by reference.

OFFENSE KRS SECTION PENALTY CLASS

ASSAULT

First degree 508.0l0 B felony

Second degree 508.020 C felony

Third degree 508.025 D felony

Fourth degree 508.030 A misdemeanor

Under emotional disturbance 508.040 B misdemeanor

D felony

CRIMINAL ABUSE

First degree 508.l00 C felony

Second degree 508.ll0 D felony

Third degree 508.l20 A misdemeanor

CRIMINAL COERCION 509.080 A misdemeanor

CUSTODIAL INTERFERENCE 509.070 D felony

KIDNAPPING 509.040 A or B felony;

capital offense

MANSLAUGHTER

First degree 507.030 B felony

Second degree 507.040 C felony

MENACING 508.050 B misdemeanor

MURDER 507.020 Capital offense

RECKLESS HOMICIDE 507.050 D felony

TERRORISTIC THREATENING 508.080 A misdemeanor

UNLAWFUL IMPRISONMENT

First degree 509.020 D felony

Second degree 509.030 A misdemeanor

OFFENSE KRS SECTION PENALTY CLASS

WANTON ENDANGERMENT

First degree 508.060 D felony

Second degree 508.070 A misdemeanor

Penalty, see Ch. l39

CHAPTER l3l: FAMILY OFFENSES

EDITOR'S NOTE:

This chapter contains references to those sections of the Kentucky Revised Statutes which prohibit the most common family offenses. These citations are intended only as convenient references for enforcement officers in citing offenders under state law. It is not the intention of the municipality to incorporate such statutory provisions in this code of ordinances, and such provisions are specifically not incorporated by reference.

OFFENSE KRS SECTION PENALTY CLASS

BIGAMY 530.0l0 D felony

CONCEALING BIRTH OF INFANT 530.030 A misdemeanor

INCEST 530.020 C felony

INCOMPETENT PERSON, ENDANGERING

WELFARE OF 530.080 A misdemeanor

MINORS

Abandonment of 530.040 D felony

Endangering welfare of 530.060 A misdemeanor

Unlawful transaction with

First degree 530.064 A, B, or C

felony

Second degree 530.065 D felony

Third degree 530.070 A misdemeanor

NONSUPPORT 530.050 A misdemeanor

NONSUPPORT, FLAGRANT 530.050 D felony

Penalty, see Ch. l39

CHAPTER l32: OFFENSES AGAINST PROPERTY

EDITOR'S NOTE:

This chapter contains references to those sections of the Kentucky Revised Statutes which prohibit the most common offenses against property. These citations are intended only as convenient references for enforcement officers in citing offenders under state law. It is not the intention of the municipality to incorporate such statutory provisions in this code of ordinances, and such provisions are specifically not incorporated by reference.

OFFENSE KRS SECTION PENALTY CLASS

ARSON

Defrauding insurer 5l3.060 D felony

First degree 5l3.020 A felony

Second degree 5l3.030 B felony

Third degree 5l3.040 D felony

BURGLARY

First degree 5ll.020 B felony

Second degree 5ll.030 C felony

Third degree 5ll.040 D felony

Possession of burglar's tools 5ll.050 A misdemeanor

CRIMINAL MISCHIEF

First degree 5l2.020 D felony

Second degree 5l2.030 A misdemeanor

Third degree 5l2.040 B misdemeanor

CRIMINAL TRESPASS

First degree 5ll.060 A misdemeanor

Second degree 5ll.070 B misdemeanor

Third degree 5ll.080 Violation

FORGERY AND RELATED OFFENSES

Criminal simulation 5l6.ll0 A misdemeanor

Forgery

First degree 5l6.020 C felony

Second degree 5l6.030 D felony

Third degree 5l6.040 A misdemeanor

Possession of forged instrument

First degree 5l6.050 C felony

Second degree 5l6.060 D felony

Third degree 5l6.070 A misdemeanor

Possession of forgery device 5l6.090 D felony

Using slugs

First degree 5l6.l20 D felony

Second degree 5l6.l30 B misdemeanor

LITTERING, CRIMINAL 5l2.070 A misdemeanor

OFFENSE KRS SECTION PENALTY CLASS

NOXIOUS SUBSTANCES

Criminal possession of 5l2.060 B misdemeanor

Criminal use of 5l2.050 B misdemeanor

POSTING ADVERTISEMENTS UNLAWFULLY 5l2.080 Violation

ROBBERY

First degree 5l5.020 B felony

Second degree 5l5.030 C felony

THEFT AND RELATED OFFENSES

Device for theft of telephone

services 5l4.065 A misdemeanor

D felony

Obscuring identity of machine 5l4.l20 A misdemeanor

D felony

Possession of stolen mail 5l4.l50 D felony

Receiving stolen property 5l4.ll0 A misdemeanor

A, B, or D

felony

Theft by deception 5l4.040 A misdemeanor

D felony

Theft by extortion 5l4.080 A misdemeanor

D felony

Theft by failure to make

disposition 5l4.070 A misdemeanor

D felony

Theft by unlawful taking 5l4.030 A misdemeanor

A, B, or D

felony

Theft of labor 5l4.090 A misdemeanor

D felony

Theft of mail matter 5l4.l40 D felony

Theft of property 5l4.050 A misdemeanor

D felony

Theft of services 5l4.060 A misdemeanor

D felony

Unauthorized use of vehicle 5l4.l00 A misdemeanor

D felony

Penalty, see Ch. l39

CHAPTER l33: OFFENSES AGAINST PUBLIC MORALS

EDITOR'S NOTE:

This chapter contains references to those sections of the Kentucky Revised Statutes which prohibit the most common offenses against public morals. These citations are intended only as convenient references for enforcement officers in citing offenders under state law. It is not the intention of the municipality to incorporate such statutory provisions in this code of ordinances, and such provisions are specifically not incorporated by reference.

OFFENSE KRS SECTION PENALTY CLASS

PORNOGRAPHY

Advertising obscene material 53l.050 B misdemeanor

Distribution

Distribution of obscene 53l.020 A or B

matter misdemeanor

Distribution to minor 53l.030 A misdemeanor

D felony

Using minors to distribute 53l.040 A misdemeanor

D felony

Portrayal of sexual performance

by minor

Advertising material 53l.360 A misdemeanor

containing

Distributing matter 53l.340 A misdemeanor

containing or

D felony

Promoting sale of matter 53l.350 A misdemeanor;

containing C or D felony

Using minors to distribute 53l.370 C or D felony

such matter

Promoting sale of obscenity 53l.060 A or B

misdemeanor;

D felony

Sexual performance by minor

Promotion of 53l.320 A, B, or C

felony

Use of minor 53l.3l0 A, B, or C

felony

PROSTITUTION OFFENSES

Loitering for prostitution 529.080 Violation purposes or

B misdemeanor

Permitting prostitution 529.070 B misdemeanor

Promoting prostitution

First degree 529.030 A, B, or C

felony

Second degree 529.040 D felony

Third degree 529.050 A misdemeanor

Prostitution 529.020 B misdemeanor

Penalty, see Ch. l39

CHAPTER l34: GAMBLING OFFENSES

EDITOR'S NOTE:

This chapter contains references to those sections of the Kentucky Revised Statutes which prohibit the most common gambling offenses. These citations are intended only as convenient references for enforcement officers in citing offenders under state law. It is not the intention of the municipality to incorporate such statutory provisions in this code of ordinances, and such provisions are specifically not incorporated by reference.

OFFENSE KRS SECTION PENALTY CLASS

CONSPIRACY TO PROMOTE GAMBLING 528.040 D felony

HORSE RACES, MESSENGER BETTING 528.ll0 A misdemeanor

PROHIBITED

PARI-MUTUEL WAGERING 558.l20 A misdemeanor

PERMITTING GAMBLING 528.070 B misdemeanor

POSSESSION OF GAMBLING DEVICE 528.080 A misdemeanor

POSSESSION OF GAMBLING RECORDS

First degree 528.050 D felony

Second degree 528.060 A misdemeanor

PROMOTING GAMBLING

First degree 528.020 D felony

Second degree 528.030 A misdemeanor

Penalty, see Ch. l39

CHAPTER l35: OFFENSES AGAINST PUBLIC ADMINISTRATION AND JUSTICE

Section

l35.0l Interference with city officers or employees

l35.02 References to statutory offenses

l35.99 Penalty

§ l35.0l INTERFERENCE WITH CITY OFFICERS OR EMPLOYEES.

It shall be unlawful for any person to interfere with, hamper, or harass any city officer or employee who is engaged in the official performance of his duties.

('78 Code, § 9-4) Penalty, see § l35.99

§ l35.02 REFERENCES TO STATUTORY OFFENSES.

EDITOR'S NOTE:

This section contains references to those sections of the Kentucky Revised Statutes which prohibit the most common offenses against public administration and justice. These citations are intended only as convenient references for enforcement officers in citing offenders under state law. It is not the intention of the municipality to incorporate such statutory provisions in this code of ordinances, and such provisions are specifically not incorporated by reference.

OFFENSE KRS SECTION PENALTY CLASS

BRIBERY AND RELATED OFFENSES

Bribery of public servant 52l.020 D felony

Receiving unlawful compensation 52l.040 A misdemeanor

Soliciting unlawful compensation 52l.030 B misdemeanor

ESCAPE AND RELATED OFFENSES

Bail jumping

First degree 520.070 D felony

Second degree 520.080 A misdemeanor

Escape

First degree 520.020 C felony

Second degree 520.030 D felony

Third degree 520.040 B misdemeanor

Hindering prosecution or

apprehension

First degree 520.l20 D felony

Second degree 520.l30 A misdemeanor

Promoting contraband

First degree 520.050 D felony

Second degree 520.060 A misdemeanor

Resisting arrest 520.090 A misdemeanor

Resisting order to stop motor 520.l00 A misdemeanor

vehicle

OFFENSE KRS SECTION PENALTY CLASS

JUDICIAL ADMINISTRATION,

INTERFERENCE WITH

Bribe receiving by juror 524.070 D felony

Bribe receiving by witness 524.030 D felony

Bribing a juror 524.060 D felony

Bribing a witness 524.020 D felony

Harassing a witness 524.045 A misdemeanor

Intimidating a judicial officer 524.l20 D felony

Intimidating a juror 524.080 D felony

Intimidating a witness 524.040 D felony

Jury tampering 524.090 A misdemeanor

Retaliating against a witness 524.055 D felony

Simulating legal process 524.ll0 B misdemeanor

Tampering with physical evidence 524.l00 D felony

Tampering with a witness 524.050 A misdemeanor

Unlawful practice of law 524.l30 B misdemeanor

PERJURY AND RELATED OFFENSES

False swearing 523.040 B misdemeanor

Perjury

First degree 523.020 D felony

Second degree 523.030 A misdemeanor

Unsworn falsification to 523.l00 B misdemeanor

authorities

PUBLIC ADMINISTRATION, OBSTRUCTION OF

Compounding a crime 5l9.030 A misdemeanor

Falsely reporting an incident 5l9.040 A misdemeanor

Impersonating a public servant 5l9.050 A misdemeanor

Obstructing governmental 5l9.020 A misdemeanor

operations

Tampering with public records 5l9.060 A misdemeanor

PUBLIC OFFICE, ABUSE OF

Misuse of confidential information 522.040 D felony

Official misconduct

First degree 522.020 A misdemeanor

Second degree 522.030 B misdemeanor

Penalty, see § l35.99

§ l35.99 PENALTY.

(A) Whoever violates § l35.0l shall be guilty of a misdemeanor and shall be fined not more than $500 or imprisoned for not more than 30 days, or both, for each offense.

(B) See Chapter l39 for descriptions of statutory penalties for those statutory offenses listed in § l35.02 above.

CHAPTER l36: OFFENSES AGAINST PUBLIC ORDER

Section

l36.0l Curfew

l36.02 Discharging firearms; possession or use of air guns or

pellet guns

l36.03 References to statutory offenses

136.04 Reward policy

l36.99 Penalty

§ l36.0l CURFEW.

(A) Curfew for minors.

(1) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(a) "MINOR." Any person under the age of 18.

(b) "PARENT." Any person having legal custody of a minor:

1. As a natural or adoptive parent;

2. As a legal guardian;

3. As a person who stands "in loco parentis";

4. Or as a person whom legal custody has been given by Order of Court.

(c) "REMAIN." To stay behind, to tarry, or to stay unnecessarily upon or in any public assembly, building, place, street, or highway.

(d) "ALLOW." Either permit or neglect to prevent. It requires actual or constructive knowledge on the part of the parent or guardian, that is, the parent or guardian must actually know about the child violating this section, or the circumstances must be such that a reasonably prudent parent or guardian should have known the child was violating this section.

(2) (a) It shall be unlawful for any person under the age of 18 to be or remain in or upon any public assembly, building, place, street or highway within the city at night during the following periods:

1:00 a.m. to 6:00 a.m. Saturday

1:00 a.m. to 6:00 a.m. Sunday

11:00 p.m. Sunday to 6:00 a.m. Monday

11:00 p.m. Monday to 6:00 a.m. Tuesday

11:00 p.m. Tuesday to 6:00 a.m. Wednesday

11:00 p.m. Wednesday to 6:00 a.m. Thursday

11:00 p.m. Thursday to 6:00 a.m. Friday

(b) It shall be unlawful for any parent or guardian having legal custody of a minor to allow such minor to be or remain in or upon a public assembly, building, place, street or highway in the city under circumstances not constituting an exception as enumerated in subdivision (3) during the time periods contained in subdivision (a) of this subdivision (2).

(3) In the following exceptional cases, a minor in or upon any public assembly, building, place, street or highway in the city during the nocturnal hours provided for in subdivision (2) above shall not be considered in violation of this section:

(a) When the minor is accompanied by a parent or legal guardian;

(b) When accompanied by an adult with the prior express verbal or written authorization of a parent or legal guardian of such minor;

(c) When exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly, provided that written notice signed by the minor and countersigned by a parent or legal guardian is in the possession of such minor specifying when, where, and in what manner said minor will be exercising such First Amendment rights;

(d) In case of reasonable necessity but only after such minor's parent or legal guardian has communicated to the Police Department the circumstances establishing such reasonable necessity;

(e) When returning home, by a direct route from, and within one hour of the termination of, an organized school activity, or any organized activity sponsored by a religious or other voluntary association, provided that justification indicating the place and time of termination of said event can be provided to any investigating law enforcement officer;

(f) When authorized by regulation issued by the Mayor and Council in cases of reasonable necessity involving more minors than may reasonably be dealt with on an individual basis. Such regulation should be issued sufficiently in advance to permit publicity through news media and through other agencies such as the schools. The regulation shall define the activity, the scope of the use of the public assembly, building, place, street, or highway permitted, and the period of time involved not to extend more than one hour beyond the time for termination of the activity, and the reason for finding that such regulation is reasonably necessary.

(g) When engaged in a business or occupation which the laws of Kentucky authorize a person under 18 years of age to perform, and for which the employer, upon request of an investigating law enforcement officer, would provide verbal or written explanation of necessity;

(h) When the minor is, with the express verbal or written consent of a parent or legal guardian, in a motor vehicle with a lawfully authorized driver;

(i) When the minor, who is a duly authorized and licensed driver, is operating a motor vehicle within the city for the purpose of passing through, by direct route, from one location to another either within or out of the city which is included within the above-described exceptions, including all minors that may also be within the vehicle provided that an exception as described above also applies to each said minor.

(4) (a) A police officer upon finding or being notified of any minor in or upon any public assembly, building, place, street, or highway whose parent is believed to be in violation of this section may stop and question such minor and request such information as his or her name and age and the name and address of his or her parent, guardian, or person having legal custody.

(b) If the police officer determines or has reasonable cause to believe that a curfew violation has occurred, the police officer may obtain from the minor the information necessary to issue a citation to the minor's parent, guardian, or person having legal custody and then either take the minor to his or her home or direct the minor to proceed immediately to his or her home.

(B) Penalty. Any parent, guardian, or person having legal custody allowing a minor to violate division (A)(2)(a) shall be subject to a fine of no more than $500 or imprisonment for a period not to exceed six months or both.

(Ord. 95-01, passed 1-11-95; Am. Ord. 96-30, passed 9-24-96)

§ l36.02 DISCHARGING FIREARMS; POSSESSION OR USE OF AIR GUNS OR

PELLET GUNS.

(A) For the purpose of this division (A), "FIREARM" means any weapon which will expel a projectile by the action of an explosive.

(l) It shall be unlawful for any person to intentionally fire or discharge a firearm within the city.

(2) This division (A) shall not apply to the lawful discharge of a firearm by a duly authorized police official or to the discharge of a firearm under circumstances constituting self-protection or self-defense under state law.

(Ord., passed 8-ll-82)

(B) It shall be unlawful for any person less than l8 years of age to have in his possession or to shoot or fire any air rifle, air gun, or pellet gun anywhere within the city limits, unless he is accompanied by and under the immediate control of an adult person responsible for the care, supervision, and conduct of that person less than l8 years of age. It shall be unlawful for any parent, guardian, or other person responsible for the care and supervision of a person less than l8 years of age to permit such person to possess, shoot, or fire an air rifle, air gun, or pellet gun within the city limits, unless that person is accompanied by an adult responsible for such person's conduct or behavior. (Ord. 87-03, passed 3-26-87)

Penalty, see § l36.99

§ l36.03 REFERENCES TO STATUTORY OFFENSES.

EDITOR'S NOTE:

This section contains references to those sections of the Kentucky Revised Statutes which prohibit the most common offenses against public order. These citations are intended only as convenient references for enforcement officers in citing offenders under state law. It is not the intention of the municipality to incorporate such statutory provisions in this code of ordinances, and such provisions are specifically not incorporated by reference.

OFFENSE KRS SECTION PENALTY CLASS

ABUSE OF CORPSE 525.l20 A misdemeanor

D felony

CRUELTY TO ANIMALS

First degree 525.l25 D felony

Second degree 525.l30 A misdemeanor

DESECRATION OF VENERATED OBJECTS

First degree 525.l05 D felony

Second degree 525.ll0 A misdemeanor

DISORDERLY CONDUCT 525.060 B misdemeanor

DISRUPTING MEETINGS OR PROCESSIONS 525.l50 B misdemeanor

EAVESDROPPING AND RELATED OFFENSES

Divulging illegally obtained 526.060 A misdemeanor

information

Eavesdropping 526.020 D felony

Installing eavesdropping device 526.030 D felony

Possessing eavesdropping device 526.040 A misdemeanor

Tampering with private 526.050 A misdemeanor

communications

FAILURE TO DISPERSE 525.l60 B misdemeanor

HARASSING COMMUNICATIONS 525.080 B misdemeanor

OFFENSE KRS SECTION PENALTY CLASS

HARASSMENT 525.070 Violation

B misdemeanor

INCITING TO RIOT 525.040 A misdemeanor

LOITERING 525.090 Violation

OBSTRUCTING HIGHWAY OR PUBLIC PASSAGE 525.l40 B misdemeanor

PUBLIC INTOXICATION 525.l00 B misdemeanor

RIOT

First degree 525.020 D felony

Second degree 525.030 A misdemeanor

UNLAWFUL ASSEMBLY 525.050 B misdemeanor

Penalty, see § l36.99

§ 136.04 REWARD POLICY.

The city shall authorize rewards to be paid to those individuals who step forward and report incidents of vandalism which they witness in the community and testify against the responsible individuals, if necessary, and for which a criminal conviction results. For each incident of vandalism for which a successful prosecution results, the city will pay a total of $250.00 to the person or persons who have reported and participated in a misdemeanor prosecution, and a total of $500.00 to the person or persons who have reported and participated in a felony prosecution.

(Res. 96-22, passed 9-10-96)

§ l36.99 PENALTY.

(A) Whoever violates § l36.0l or § l36.02(A) shall be guilty of a misdemeanor and shall be fined not more than $500 or imprisoned for not more than 30 days, or both, for each offense.

(B) Whoever violates § l36.02(B) shall be guilty of a misdemeanor and shall be fined not less than $l0 nor more than $l00, or imprisoned for not less than one or more than ten days, or both. In addition, any air rifle, air gun, or pellet gun found in the possession of a person violating § l36.02(B) shall be confiscated and forfeited to the state. (Ord. 87-03, passed 3-26-87)

CHAPTER l37: SEXUAL OFFENSES

EDITOR'S NOTE:

This chapter contains references to those sections of the Kentucky Revised Statutes which prohibit the most common sexual offenses. These citations are intended only as convenient references for enforcement officers in citing offenders under state law. It is not the intention of the municipality to incorporate such statutory provisions in this code of ordinances, and such provisions are specifically not incorporated by reference.

OFFENSE KRS SECTION PENALTY CLASS

INDECENT EXPOSURE 5l0.l50 B misdemeanor

RAPE

First degree 5l0.040 A or B

felony

Second degree 5l0.050 C felony

Third degree 5l0.060 D felony

SEXUAL ABUSE

First degree 5l0.ll0 D felony

Second degree 5l0.l20 A misdemeanor

Third degree 5l0.l30 B misdemeanor

SEXUAL MISCONDUCT 5l0.l40 A misdemeanor

SODOMY

First degree 5l0.070 A or B felony

Second degree 5l0.080 C felony

Third degree 5l0.090 D felony

Fourth degree 5l0.l00 A misdemeanor

Penalty, see Ch. l39

CHAPTER l38: INCHOATE OFFENSES

EDITOR'S NOTE:

This chapter contains references to those sections of the Kentucky Revised Statutes which prohibit the most common inchoate offenses. These citations are intended only as convenient references for enforcement officers in citing offenders under state law. It is not the intention of the municipality to incorporate such statutory provisions in this code of ordinances, and such provisions are specifically not incorporated by reference.

OFFENSE KRS SECTION PENALTY CLASS

CRIMINAL ATTEMPT 506.0l0 A or B

misdemeanor;

B or C felony

CRIMINAL CONSPIRACY 506.040 A or B

misdemeanor;

B or C felony

CRIMINAL FACILITATION 506.080 A or B

misdemeanor;

D felony

CRIMINAL SOLICITATION 506.030 A or B

misdemeanor;

B or C felony

CRIMINAL SYNDICATE 506.l20 B felony

Penalty, see Ch. l39

CHAPTER l39: GENERAL PENALTY FOR TITLE XIII

EDITOR'S NOTE:

This chapter is included for informational purposes only. The provisions of this chapter are specifically not incorporated by reference.

Section

l39.0l Fines for misdemeanors and violations

l39.02 Sentence of imprisonment for misdemeanor

l39.03 Fines for felonies

l39.04 Sentence of imprisonment for felony

§ l39.0l FINES FOR MISDEMEANORS AND VIOLATIONS.

(A) Fines and imprisonment for misdemeanors shall not be mutually exclusive. In any case where imprisonment is authorized a fine may be levied in addition to the imprisonment or a fine may be levied as an alternative to imprisonment. Similarly, a fine may be levied in lieu of imprisonment. Whether or not the fine is to be levied as the sole penalty or as an additional or alternative penalty shall be in the discretion of the judge or jury as the case may be. If the trial is by jury then the jury shall have the discretion. This rule shall apply in all cases where a fine is not the exclusive penalty authorized by law.

(B) Except as otherwise provided for an offense defined outside this title, a person who has been convicted of any offense other than a felony may be sentenced to pay a fine in an amount not to exceed:

(l) For a Class A misdemeanor, $500; or

(2) For a Class B misdemeanor, $250; or

(3) For a violation, $250.

(KRS 534.040)

§ l39.02 SENTENCE OF IMPRISONMENT FOR MISDEMEANOR.

A sentence of imprisonment for a misdemeanor shall be a definite term and shall be fixed within the following maximum limitations:

(A) For a Class A misdemeanor, the term shall not exceed l2 months; and

(B) For a Class B misdemeanor, the term shall not exceed 90 days.

(KRS 532.090)

§ l39.03 FINES FOR FELONIES.

(A) Except as otherwise provided for an offense defined outside this title, a person who has been convicted of any felony and granted a sentence of probation or conditional discharge may be sentenced to pay a fine in an amount not to exceed $l0,000 or double his gain from commission of the offense, whichever is the greater.

(B) In determining the amount and method of paying a fine for commission of a felony, the court shall consider, among others, the following factors:

(l) The defendant's ability to pay the amount of the fine;

(2) The hardship likely to be imposed on the defendant's dependents by the amount of the fine and the time and method of paying it;

(3) The impact the amount of the fine will have on the defendant's ability to make reparation or restitution to the victim; and

(4) The amount of the defendant's gain, if any, derived from the commission of the offense.

(C) When a defendant is convicted of two or more felonies committed through a single act and is sentenced to fines pursuant to division (A) above, the aggregate amount of such fines shall not exceed $l0,000 or double the amount of the defendant's gain from commission of the offenses, whichever is the greater.

(D) This section does not apply to a corporation.

(KRS 534.030)

§ l39.04 SENTENCE OF IMPRISONMENT FOR FELONY.

(A) A sentence of imprisonment for a felony shall be an indeterminate sentence, the maximum of which shall be fixed within the limits provided by division (B) below, and subject to modification by the trial judge pursuant to KRS 532.070.

(B) The authorized maximum terms of imprisonment for felonies are:

(l) For a Class A felony, not less than 20 years nor more than life imprisonment;

(2) For a Class B felony, not less than l0 years nor more than 20 years;

(3) For a Class C felony, not less than 5 years nor more than l0 years; and

(4) For a Class D felony, not less than one year nor more than 5 years.

(C) The actual time of release within the maximum established by division (A) above, or as modified pursuant to KRS 532.070, shall be determined under procedures established elsewhere by law.

(KRS 532.060)

[Home] [Code of Ordinances Index]