Kentucky Revised Statutes
Ky. Rev. Stat. § 242.990 (2026)
Penalties
✓ current as of May 2026
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(1) Any person who violates any of the provisions of this chapter, for which no other penalty is herein provided, shall, for the first offense, be guilty of a Class B misdemeanor; for the second offense, he shall be guilty of a Class A misdemeanor; for the third and each subsequent offense, he shall be guilty of a Class D felony. (2) Any officer who violates subsection (2) of KRS 242.370 shall be guilty of a violation. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 463, sec. 30, effective July 14, 1992. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 222, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2554c-28, 2554c-32, 2554c-34.
Notes of Decisions
Cited in 54
cases, 1943–2004 · leading case: Fulcher v. Commonwealth, 149 S.W.3d 363 (Ky. 2004).
Fulcher v. Commonwealth, 149 S.W.3d 363 (Ky. 2004). “2d 180 , 182 (1949) (interpreting KRS 242.990(1), local option law); Coleman v.”
Brown v. Commonwealth, 378 S.W.2d 608 (Ky. Ct. App. 1964). “The instructions were prejudicially erroneous because they did not state and therefore did not permit the jury to pass upon the question of whether appellant had been convicted twice before of similar offenses involving violations of the local option law, with the result that…”
Satterly v. Commonwealth, 437 S.W.2d 929 (Ky. Ct. App. 1968). “950 of Stanley’s Instructions does not provide for a verdict based on a finding that only one of the two previous felony convictions charged in the indictment has been proved.”
Green v. Commonwealth, 400 S.W.2d 206 (Ky. Ct. App. 1966). “KRS 242.990(1). Appellant filed a motion and grounds for new trial on the day the verdict was rendered (October 19, 1959); the filing of the motion for new trial was noted of record by order which concluded: "* * * and the court takes time on passing on same.”
Marcum v. Commonwealth, 398 S.W.2d 886 (Ky. Ct. App. 1966). “KRS 242.990(1). His appeal assigns errors in his conviction: (1) the indictment was defective; (2) incompetent evidence was admitted, and in any event the evidence did not support the verdict; (3) the instructions were erroneous, and (4) the Commonwealth’s Attorney made an…”
Clark v. Commonwealth, 388 S.W.2d 622 (Ky. Ct. App. 1965). “See KRS 242.990(1). He appeals. There must be a reversal of the judgment in this case for the reason shown hereinafter, with the result that another trial will likely be had.”
Green v. Commonwealth, 413 S.W.2d 329 (Ky. Ct. App. 1967). “It is apparent that KRS 242.990(1), in providing increased penalties for individuals who have committed prior offenses denounced by KRS 242, has as one salutary purpose the deterrence of repeated offenses against the local option law.”
Carver v. Commonwealth, 634 S.W.2d 418 (Ky. 1982). “The jury returned a guilty verdict and, on the basis of her prior 1976 local option law conviction, she received the maximum enhanced sentence of 120 days in jail and a $200 fine under KRS 242.990(1). On appeal the McLean Circuit Court found error in the admission of the…”
Stratton v. Commonwealth, 263 S.W.2d 99 (Ky. Ct. App. 1953). “Appellant, Henry Stratton, was found guilty of the third violation of local option laws contained in Chapter 242 of the Kentucky Revised Statutes and under KRS 242.990, which fixes the punishment for the violation of local option laws, his punishment was fixed at 1 year in the…”
Rodgers v. Commonwealth, 399 S.W.2d 299 (Ky. Ct. App. 1966). “” This Court decided that instructions on the Local Option Law (KRS 242.990) must also comply substantially with instructions under the Habitual Criminal Statute.”
Singleton v. Commonwealth, 208 S.W.2d 325 (Ky. Ct. App. 1948). “Section 242.990, KRS, provides a maximum penalty for the offense of which Whitaker was convicted of a $100 fme and 60 days’ imprisonment.”
Bell v. Commonwealth, 566 S.W.2d 785 (Ky. Ct. App. 1978). “His punishment was enhanced under KRS 242.990, after proof of a prior offense.”
— Ky. Rev. Stat. § 242.990(1) — 26 cases
Fulcher v. Commonwealth, 149 S.W.3d 363 (Ky. 2004). “2d 180 , 182 (1949) (interpreting KRS 242.990(1), local option law); Coleman v.”
Satterly v. Commonwealth, 437 S.W.2d 929 (Ky. Ct. App. 1968). “950 of Stanley’s Instructions does not provide for a verdict based on a finding that only one of the two previous felony convictions charged in the indictment has been proved.”
Green v. Commonwealth, 400 S.W.2d 206 (Ky. Ct. App. 1966). “KRS 242.990(1). Appellant filed a motion and grounds for new trial on the day the verdict was rendered (October 19, 1959); the filing of the motion for new trial was noted of record by order which concluded: "* * * and the court takes time on passing on same.”
Marcum v. Commonwealth, 398 S.W.2d 886 (Ky. Ct. App. 1966). “KRS 242.990(1). His appeal assigns errors in his conviction: (1) the indictment was defective; (2) incompetent evidence was admitted, and in any event the evidence did not support the verdict; (3) the instructions were erroneous, and (4) the Commonwealth’s Attorney made an…”
Clark v. Commonwealth, 388 S.W.2d 622 (Ky. Ct. App. 1965). “See KRS 242.990(1). He appeals. There must be a reversal of the judgment in this case for the reason shown hereinafter, with the result that another trial will likely be had.”
— Ky. Rev. Stat. § 242.990(3) — 4 cases
Barkley v. Commonwealth, 264 S.W.2d 297 (Ky. Ct. App. 1953).
Ritter v. Bruce, 239 S.W.2d 449 (Ky. Ct. App. 1951).
Baldwin v. Commonwealth, 459 S.W.2d 135 (Ky. Ct. App. 1970).
Crabtree v. Commonwealth, 278 S.W.2d 732 (Ky. Ct. App. 1955).
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