(1) Except as otherwise provided for an offense defined outside this code, a person who
has been convicted of any felony shall, in addition to any other punishment imposed
upon him, be sentenced to pay a fine in an amount not less than one thousand
dollars ($1,000) and not greater than ten thousand dollars ($10,000) or double his
gain from commission of the offense, whichever is the greater.
(2) In determining the amount and method of paying a fine for commission of a felony,
the court shall consider, among others, the following factors:
(a) The defendant's ability to pay the amount of the fine;
(b) 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;
(c) The impact the amount of the fine will have on the defendant's ability to make
reparation or restitution to the victim; and
(d) The amount of the defendant's gain, if any, derived from the commission of
the offense.
(3) When a defendant is convicted of two (2) or more felonies committed through a
single act and is sentenced to fines pursuant to subsection (1), the aggregate amount
of the fines shall not exceed ten thousand dollars ($10,000) or double the amount of
the defendant's gain from commission of the offenses, whichever is the greater.
(4) Fines required by this section shall not be imposed upon any person determined by
the court to be indigent pursuant to KRS Chapter 31.
(5) This section shall not apply to a corporation.
Effective: July 15, 1994
History: Amended 1994 Ky. Acts ch. 403, sec. 1, effective July 15, 1994. -- Amended
1990 Ky. Acts ch. 497, sec. 6, effective July 13, 1990. -- Amended 1978 Ky. Acts ch.
101, sec. 7, effective June 17, 1978. -- Created 1974 Ky. Acts ch. 406, sec. 292,
effective January 1, 1975.
Notes of Decisions
Cited in
26
cases (
6 in the last 5 years), 1992–2026 · leading case:
Jones v. Commonwealth, 382 S.W.3d 22 (Ky. 2011).
Jones v. Commonwealth, 382 S.W.3d 22 (Ky. 2011).
· cites it 6× “” Although included in the judgment of conviction and sentence, the jail fee was not a “fine,” as referenced in KRS 534.030. 15 We therefore conclude that KRS 534.”
Hoskins v. Maricle, 150 S.W.3d 1 (Ky. 2004).
· cites it 2× “Thus, federal trial courts are required to exercise their power under FRCrP 11(c)(1)(3) to ensure that plea agreements reflect the seriousness of the underlying criminal behavior and the statutorily contemplated sentencing range. The same concerns apply here where our General…”
Simpson v. Commonwealth, 889 S.W.2d 781 (Ky. 1994).
· cites it 4× “030(3) and KRS 534.030(1). The latter statute is more specific and more recently enacted, thus it is controlling.”
Donald Howard v. Commonwealth of Kentucky, 496 S.W.3d 471 (Ky. 2016).
“KRS 534.030(4) states that fines “required by this section shall not be imposed upon any person determined by the court to be indigent pursuant to KRS Chapter 31.”
Ragland v. Est. of Digiuro, 352 S.W.3d 908 (Ky. Ct. App. 2010).
“The killing of Trent DiGiuro was a felony for which Rag-land could have been fined $10,000 under KRS 534.030(1). However, while the punitive damage award was “ ‘much in excess of the fine that could be imposed,’ imprisonment was also authorized in the criminal context.”
Commonwealth v. Hasch, 421 S.W.3d 349 (Ky. 2013).
“KRS 534.030(1) sets the amount of a fine at not less than $1,000.”
Commonwealth v. Reed, 374 S.W.3d 298 (Ky. 2012).
· cites it 3× “KRS 534.030 states: (1) ... a person who has been convicted of any felony shall, in addition to any other punishment imposed upon him, be sentenced to pay a fine in an amount not less than one thousand dollars ($1,000) and not greater than ten thousand dollars ($10,000) or…”
Mo-Jack Distrib., LLC v. Tamarak Snacks, LLC, 476 S.W.3d 900 (Ky. Ct. App. 2015).
“Although Cohen argues the forgery of the contract could constitute a felony and, under KRS 534.030, subject Clark to a financial penalty, Cohen’s argument does little to justify the award in this case.”
Walker v. Commonwealth, 127 S.W.3d 596 (Ky. 2004).
“060(2)(d); KRS 534.030(1). These are not minor penalties and we are unable to conclude that the statute clearly indicates a legislative purpose to impose absolute liability.”
Smith v. Commonwealth, 205 S.W.3d 217 (Ky. Ct. App. 2006).
“The Commonwealth has also drawn our attention to KRS 534.030, which authorizes a fine in connection with felony offenses of up to $10,000.”
Commonwealth v. Philpott, 75 S.W.3d 209 (Ky. 2002).
“060(2)(b); KRS 534.030(1). Following a trial by jury, Philpott was convicted of assault in the fourth degree under extreme emotional disturbance, a Class B misdemeanor, KRS 508.”
Hulett v. Commonwealth, 834 S.W.2d 688 (Ky. Ct. App. 1992).
· cites it 2× “The court in fact observed that the defendant was unable to pay a fine, pursuant to KRS 534.030(2)(a), 2 leaving imprisonment as the necessarily available penalty.”
— Ky. Rev. Stat. § 534.030(1) — 9 cases
Jones v. Commonwealth, 382 S.W.3d 22 (Ky. 2011).
“” Although included in the judgment of conviction and sentence, the jail fee was not a “fine,” as referenced in KRS 534.030. 15 We therefore conclude that KRS 534.”
Simpson v. Commonwealth, 889 S.W.2d 781 (Ky. 1994).
“030(3) and KRS 534.030(1). The latter statute is more specific and more recently enacted, thus it is controlling.”
Ragland v. Est. of Digiuro, 352 S.W.3d 908 (Ky. Ct. App. 2010).
“The killing of Trent DiGiuro was a felony for which Rag-land could have been fined $10,000 under KRS 534.030(1). However, while the punitive damage award was “ ‘much in excess of the fine that could be imposed,’ imprisonment was also authorized in the criminal context.”
Commonwealth v. Hasch, 421 S.W.3d 349 (Ky. 2013).
“KRS 534.030(1) sets the amount of a fine at not less than $1,000.”
Walker v. Commonwealth, 127 S.W.3d 596 (Ky. 2004).
“060(2)(d); KRS 534.030(1). These are not minor penalties and we are unable to conclude that the statute clearly indicates a legislative purpose to impose absolute liability.”
— Ky. Rev. Stat. § 534.030(2) — 1 case
Simpson v. Commonwealth, 889 S.W.2d 781 (Ky. 1994).
“030(3) and KRS 534.030(1). The latter statute is more specific and more recently enacted, thus it is controlling.”
— Ky. Rev. Stat. § 534.030(2)(a) — 1 case
Hulett v. Commonwealth, 834 S.W.2d 688 (Ky. Ct. App. 1992).
“The court in fact observed that the defendant was unable to pay a fine, pursuant to KRS 534.030(2)(a), 2 leaving imprisonment as the necessarily available penalty.”
— Ky. Rev. Stat. § 534.030(4) — 11 cases
Jones v. Commonwealth, 382 S.W.3d 22 (Ky. 2011).
“” Although included in the judgment of conviction and sentence, the jail fee was not a “fine,” as referenced in KRS 534.030. 15 We therefore conclude that KRS 534.”
Donald Howard v. Commonwealth of Kentucky, 496 S.W.3d 471 (Ky. 2016).
“KRS 534.030(4) states that fines “required by this section shall not be imposed upon any person determined by the court to be indigent pursuant to KRS Chapter 31.”
Commonwealth v. Reed, 374 S.W.3d 298 (Ky. 2012).
“KRS 534.030 states: (1) ... a person who has been convicted of any felony shall, in addition to any other punishment imposed upon him, be sentenced to pay a fine in an amount not less than one thousand dollars ($1,000) and not greater than ten thousand dollars ($10,000) or…”
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