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KRS 292.991

Penalties

Known as the Securities Act

The act spans §§ 292–292 (93 sections).

Applied in 5 court decisions — leading case City of Owensboro v. First U. S. Corp. (1975)

Most recently applied in Esmark, Inc. v. Strode (October 1982)

History: Amended 2017 Ky

How often courts cite this section

196819701980198220
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Any person who willfully violates any provision of KRS 292.330, 292.332, 292.340, 292.450, or 292.500, or who willfully violates KRS 292.440 knowing the statement made to be false or misleading in any material respect, shall be guilty of a Class D felony.

(2) Any person who willfully violates any provision of KRS 292.320 shall be guilty of:

(a) If the value of the fraud is equal to or exceeds one million dollars ($1,000,000), a Class B felony;

(b) If the value of the fraud is equal to or exceeds ten thousand dollars ($10,000) but is less than one million dollars ($1,000,000), a Class C felony; or (c) If the value of the fraud is less than ten thousand dollars ($10,000), a Class D felony.

(3) Any person who willfully violates any rule or order of the commissioner, authorized under this chapter, shall be guilty of a Class A misdemeanor; but no person may be imprisoned for violation of any rule or order of which that person did not have actual knowledge.

(4) The commissioner may refer such evidence as may be available concerning violations of this chapter or of any rule or order hereunder to the Attorney General or the proper prosecuting authority, who may in his or her discretion, with or without such a reference, institute the appropriate criminal proceedings under this chapter.

(5) Nothing in this chapter limits the power of the state to punish any person for any conduct which constitutes a crime by statute or at common law. Effective:June 29, 2017

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.