238.995 Penalties. (1) Any person who willfully conducts without the required license any activity which under this chapter requires a license shall be guilty of a Class A misdemeanor. (2) Any person who makes any materially false or misleading statement in making application for licensure or in submitting reports required under this chapter, or any person who willfully fails to maintain records or make entries required under this chapter, or any person who willfully refuses to produce for inspection any books, documents, or records required under this chapter shall be guilty of a Class A misdemeanor. (3) Any person who engages in conduct designed to corrupt the outcome of any charitable gaming activity with purpose to defraud or knowing that he is facilitating a fraud shall be guilty of a Class A misdemeanor if the amount involved is less than three hundred dollars ($300) and a Class D felony if the amount involved is three hundred dollars ($300) or more. (4) Any person who knowingly diverts charitable gaming funds from legitimate charitable purpose or lawful expenses allowed under this chapter to his financial benefit or the financial benefit of another person shall be guilty of a Class A misdemeanor if the amount involved is less than three hundred dollars ($300) and a Class D felony if the amount involved is three hundred dollars ($300) or more. (5) Any person who commits a second or subsequent offense within a five (5) year period under subsection (1) or (2) of this section shall be guilty of a Class D felony. (6) Nothing contained in this chapter shall prohibit prosecution of a violation under KRS Chapter 528 by the Attorney General, county attorneys, or Commonwealth's attorneys. (7) No person shall make or cause a false entry to be made in the business records of a charitable organization; alter, erase, obliterate, delete, remove, or destroy a true entry in the business records of a charitable organization; omit to make a true entry in the business records of a charitable organization in violation of a duty to do so that he knows to be imposed upon him by law or by the nature of his position; or prevent the making of a true entry or cause the omission thereof in the business records of a charitable organization. (8) Violation of subsection (7) of this section or falsifying business records of a charitable organization is a Class A misdemeanor. Effective: April 10, 1996 History: Amended 1996 Ky. Acts ch. 331, sec. 14, effective April 10, 1996. -- Created 1994 Ky. Acts ch. 66, sec. 16, effective March 16, 1994.