(1) 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 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, the jury shall have the
discretion. This rule shall apply in all cases where a fine is not the exclusive penalty
authorized by law.
(2) Except as otherwise provided for an offense defined outside this code, a person who
has been convicted of any offense other than a felony shall be sentenced, in addition
to any other punishment imposed upon him, to pay a fine in an amount not to
exceed:
(a) For a Class A misdemeanor, five hundred dollars ($500); or
(b) For a Class B misdemeanor, two hundred fifty dollars ($250); or
(c) For a violation, two hundred fifty dollars ($250).
(3) This section shall not apply to a corporation.
(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.
Effective: July 14, 1992
History: Amended 1992 Ky. Acts ch. 463, sec. 62, effective July 14, 1992. -- Amended
1990 Ky. Acts ch. 497, sec. 7, effective July 13, 1990. -- Amended 1978 Ky. Acts ch.
101, sec. 8, effective June 17, 1978. -- Created 1974 Ky. Acts ch. 406, sec. 293,
effective January 1, 1975.
Legislative Research Commission Note. Although this section was included in Acts
1978, ch. 101, § 8, as having been amended, there appears to be no change in this
section.
Notes of Decisions
Cited in
39
cases (
13 in the last 5 years), 1984–2025 · leading case:
Hoskins v. Maricle, 150 S.W.3d 1 (Ky. 2004).
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…”
Terry v. Commonwealth, 253 S.W.3d 466 (Ky. 2008).
· cites it 4× “Terry contends that since he was found to be indigent, the trial court's purported delayed imposition of a fine is contrary to, among other matters, KRS 534.040(4). [30] We note in passing that Terry made no contemporaneous objection to the purported delayed levy of the fine.”
Travis v. Commonwealth, 327 S.W.3d 456 (Ky. 2010).
· cites it 2× “Subsection (4) of KRS 534.040 provides that "[f]ines 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. Hager, 41 S.W.3d 828 (Ky. 2001).
· cites it 2× “090(1); KRS 534.040(2)(a). Since the jurors were not instructed on the elements of fourth-degree assault, they presumably did not *831 know that when an assault results in the victim's death, the offense is not an assault, but a homicide.”
Commonwealth v. Schindler, 685 S.W.2d 544 (Ky. 1984).
· cites it 14× “005 superimposed KRS 534.040. KRS 532.005 provides: “KRS Chapters 532, 533 and 534 (classification and dispositions) apply to all classes of crimes committed outside the provisions of the penal code.”
Trigg v. Commonwealth, 460 S.W.3d 322 (Ky. 2015).
· cites it 3× “Appellant’s final argument is that the imposition of the fine was error because he had been determined to be an indigent, or a “needy” person, under KRS Chapter 31, and therefore, in accordance with KRS 534.”
Cabinet for Families & Child. v. Cummings, 163 S.W.3d 425 (Ky. 2005).
· cites it 2× “102(1), and the majority holds that the only "employers" under the Act are the Commonwealth and its political subdivisions. Of course, the Commonwealth and its political subdivisions are not subject to criminal penalties only "persons" and "corporations" can be convicted of…”
Roberts v. Commonwealth, 410 S.W.3d 606 (Ky. 2013).
· cites it 3× “KRS 534.040(1) and (2) authorize the imposition of fines for misdemeanor convictions.”
Wright v. Commonwealth, 391 S.W.3d 743 (Ky. 2012).
· cites it 2× “Despite this finding, the trial court nevertheless included fines totaling $600 in Appellant’s sentence pursuant to KRS 534.040(2). Under KRS 534.040(4), however, “[f]ines required by this section shall not be imposed upon any person determined by the court to be indigent…”
Smith v. Commonwealth, 366 S.W.3d 399 (Ky. 2012).
· cites it 2× “Subsection (4) of KRS 534.040 provides that “[fjines required by this section shall not be imposed upon any person determined by the court to be indigent pursuant to KRS Chapter 31.”
Fultz v. Commonwealth, 554 S.W.3d 385 (Ky. Ct. App. 2018).
· cites it 5× “On appeal, this Court affirmed the trial court's denial of Fultz's motion to suppress and the imposition of court costs.”
Mitchell v. Commonwealth, 538 S.W.3d 326 (Ky. Ct. App. 2017).
“KRS 534.040(4) provides that "[f]ines required by this section shall not be imposed upon any person determined by the court to be indigent pursuant to KRS Chapter 31.”
— Ky. Rev. Stat. § 534.040(1) — 2 cases
Roberts v. Commonwealth, 410 S.W.3d 606 (Ky. 2013).
“KRS 534.040(1) and (2) authorize the imposition of fines for misdemeanor convictions.”
Commonwealth v. Schindler, 685 S.W.2d 544 (Ky. 1984).
“005 superimposed KRS 534.040. KRS 532.005 provides: “KRS Chapters 532, 533 and 534 (classification and dispositions) apply to all classes of crimes committed outside the provisions of the penal code.”
— Ky. Rev. Stat. § 534.040(2) — 6 cases
Cabinet for Families & Child. v. Cummings, 163 S.W.3d 425 (Ky. 2005).
“102(1), and the majority holds that the only "employers" under the Act are the Commonwealth and its political subdivisions. Of course, the Commonwealth and its political subdivisions are not subject to criminal penalties only "persons" and "corporations" can be convicted of…”
Commonwealth v. Schindler, 685 S.W.2d 544 (Ky. 1984).
“005 superimposed KRS 534.040. KRS 532.005 provides: “KRS Chapters 532, 533 and 534 (classification and dispositions) apply to all classes of crimes committed outside the provisions of the penal code.”
Wright v. Commonwealth, 391 S.W.3d 743 (Ky. 2012).
“Despite this finding, the trial court nevertheless included fines totaling $600 in Appellant’s sentence pursuant to KRS 534.040(2). Under KRS 534.040(4), however, “[f]ines required by this section shall not be imposed upon any person determined by the court to be indigent…”
Fultz v. Commonwealth, 554 S.W.3d 385 (Ky. Ct. App. 2018).
“On appeal, this Court affirmed the trial court's denial of Fultz's motion to suppress and the imposition of court costs.”
— Ky. Rev. Stat. § 534.040(2)(a) — 4 cases
Commonwealth v. Hager, 41 S.W.3d 828 (Ky. 2001).
“090(1); KRS 534.040(2)(a). Since the jurors were not instructed on the elements of fourth-degree assault, they presumably did not *831 know that when an assault results in the victim's death, the offense is not an assault, but a homicide.”
— Ky. Rev. Stat. § 534.040(2)(b) — 1 case
— Ky. Rev. Stat. § 534.040(2)(c) — 2 cases
— Ky. Rev. Stat. § 534.040(4) — 16 cases
Terry v. Commonwealth, 253 S.W.3d 466 (Ky. 2008).
“Terry contends that since he was found to be indigent, the trial court's purported delayed imposition of a fine is contrary to, among other matters, KRS 534.040(4). [30] We note in passing that Terry made no contemporaneous objection to the purported delayed levy of the fine.”
Trigg v. Commonwealth, 460 S.W.3d 322 (Ky. 2015).
“Appellant’s final argument is that the imposition of the fine was error because he had been determined to be an indigent, or a “needy” person, under KRS Chapter 31, and therefore, in accordance with KRS 534.”
Roberts v. Commonwealth, 410 S.W.3d 606 (Ky. 2013).
“KRS 534.040(1) and (2) authorize the imposition of fines for misdemeanor convictions.”
Wright v. Commonwealth, 391 S.W.3d 743 (Ky. 2012).
“Despite this finding, the trial court nevertheless included fines totaling $600 in Appellant’s sentence pursuant to KRS 534.040(2). Under KRS 534.040(4), however, “[f]ines required by this section shall not be imposed upon any person determined by the court to be indigent…”
Mitchell v. Commonwealth, 538 S.W.3d 326 (Ky. Ct. App. 2017).
“KRS 534.040(4) provides that "[f]ines required by this section shall not be imposed upon any person determined by the court to be indigent pursuant to KRS Chapter 31.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.