Title XL, Crimes and Punishments

within five hundred feet of school -- Fine. (1) No cigarette or tobacco products advertising shall be posted on a billboard with display space larger than fifty (50) square feet located within five hundred (500) feet of any elementary or secondary school building or adjacent scho…

on school premises -- Exception. (1) Any person, except adult employees of the school system who smoke in a room on the school premises designated by the superintendent or principal for the purpose, who uses alternative nicotine products, tobacco products, or vapor products in an…

(1) Except as provided in subsection (2) of this section any person who places or causes to be placed in any stream, dam, pool or pond any substance that renders the water unfit for use or produces a stench shall be fined not less than ten dollars ($10) nor more than one hundred …

(1) No person licensed to practice medicine, dentistry, osteopathy, podiatry, optometry, or chiropractic, or any other healing art in this state shall solicit persons to become patients, or advertise by mail, card, newspaper, pamphlet, radio, television, or any other medium, or p…

(1) "Party line" means a subscriber's line telephone circuit, consisting of two (2) or more main telephone stations connected therewith, each station with a distinctive ring or telephone number. (2) "Emergency" means a situation in which property or human life is in jeopardy and …

Any person who willfully refuses to yield or surrender the use of a party line to another person for the purpose of permitting such other person to report a fire or summon police, medical or other aid in case of emergency, shall be fined not less than twenty dollars ($20) nor mor…

Any person who asks for or requests the use of a party line on the pretext that an emergency exists, knowing that no emergency in fact exists, shall be fined not less than twenty-five ($25) nor more than one hundred dollars ($100) or imprisoned in the county jail for a period not…

After the ninetieth day following June 14, 1962, every telephone directory thereafter published for distribution to the members of the general public shall contain a notice which explains this law, such notice to be printed in type which is no smaller than any other type on the s…

Any person who willfully and maliciously prevents, obstructs or delays the sending, transmission, conveyance or delivery in this state of any message, communication or report through any telegraph or telephone line, wire or cable shall be fined not less than fifty dollars ($50) n…

telephone lines -- Delay of messages. Any person who knowingly transmits on or through any telegraph or telephone line in the state, any false communication or intelligence with intention to injure any other person or to speculate on any article of merchandise, commerce or trade,…

telephone books. Every telephone directory published for distribution to members of the general public shall contain a notice which explains that it is unlawful for any person to make use of telephone facilities or equipment for the purpose of communicating language, suggestions …

door or lid attached -- Exception. (1) Whoever abandons or discards in any place accessible to children any refrigerator, freezer, icebox or ice chest, of a capacity of one and one-half (1-1/2) cubic feet or more, which has an attached lid or door which may be opened or shut, or …

diseases for criminal defendants, inmates, and state patients under specified conditions -- Effect of refusal to be tested -- Costs. (1) When a public servant, as defined in KRS 521.010, a health care professional who is licensed or certified under the laws of the Commonwealth, a…

As used in KRS 438.280 to 438.290: (1) "Alarm system" means electronic equipment and devices designed to act as a personal emergency response system; (2) "Personal emergency response system" means an alarm system that is: (a) Installed in the residence of a customer; (b) Monitore…

Prohibited acts. (1) A person shall not act or perform the services of a personal emergency response system provider in violation of the provisions of KRS 438.284. (2) A person performing the services of a personal emergency response system provider shall not: (a) Fail or refuse …

Components -- Existing contracts. (1) Effective January 1, 2009, all new contracts between a personal emergency response system provider and a customer shall be in accordance with the following: (a) The customer shall designate in the contract the order in which responders are to…

KRS 438.282 and 438.284 shall not apply to: (1) A unit of federal, state, or local government, or special district, or an agency or instrumentality thereof; (2) A person engaged in the business of electronic monitoring of an individual as a condition of that individual's communit…

Violation of KRS 367.170. (1) The Attorney General and the county attorney shall have concurrent jurisdiction to enforce the provisions KRS 438.280 to 438.290, and may recover the reasonable costs of investigation and litigation. (2) If an act by a personal emergency response sys…

Any person who knowingly violates KRS 438.282 or 438.284 shall be liable for a civil penalty of not more than ten thousand dollars ($10,000) per violation.

It is the intent of the Legislature that KRS 438.305 to 438.350 shall be enforced in an equitable and uniform manner throughout the Commonwealth. For the purpose of equitable and uniform enforcement, the provisions of KRS 438.305 to 438.350 shall supersede any subsequently enacte…

As used in KRS 438.305 to 438.350, unless the context requires otherwise: (1) (a) "Alternative nicotine product" means a noncombustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any other means. (b) "Al…

Administrative regulations. (1) (a) The Division of Tobacco, Nicotine, and Vapor Product Licensing is hereby created and established within the Department of Alcoholic Beverage Control. (b) The Division of Tobacco, Nicotine, and Vapor Product Licensing shall be managed by a divis…

nicotine vapor products -- Secretary of State to maintain list of retailers and provide annual notice to retailers. (1) Each retailer shall, upon organizational filing or application for certificate of authority to the Secretary of State and upon its annual report, state whether …

license -- Penalties. (1) On or after July 1, 2026, a person, firm, or corporation shall not operate as a retailer selling alternative nicotine products, tobacco products, or authorized nicotine vapor products in or on any premises in the Commonwealth without first obtaining a to…

Batch license -- Fees -- Renewal. (1) (a) 1. On or after July 1, 2026, each applicant shall apply for an initial tobacco, nicotine, or vapor product license on a form prescribed by the department in accordance with KRS 438.3064, accompanied with a nonrefundable application fee of…

Material change -- Online publication of forms. (1) The annual license application required in KRS 438.3063 shall contain only the following information, given under oath: (a) The name, age, Social Security number, federal employer identification number, telephone number, email a…

Online publication of forms. (1) The temporary license application required in KRS 438.3063 shall contain only the following information, given under oath: (a) The name, age, Social Security number, federal employer identification number, telephone number, email address, business…

(1) (a) Except as provided in KRS 438.3063(5) and (7), on or after July 1, 2026, the commissioner shall approve or deny every application for a tobacco, nicotine, or vapor product license within fourteen (14) business days. (b) If a retailer has submitted an application and the d…

On or after July 1, 2026, a license may be revoked or suspended by the commissioner for a violation of: (1) Any of the provisions of KRS 438.305 to 438.350, as they relate to the regulation of alternative nicotine products, tobacco products, and vapor products, except as provided…

contraband property. Department investigators may inspect any licensed premises without first obtaining a search warrant. They may confiscate any contraband property.

(1) A manufacturer of nicotine vapor products shall: (a) Only sell authorized nicotine vapor products; (b) Provide information necessary to establish its product meets the definition of an authorized nicotine vapor product as defined in KRS 438.305 directly to a wholesaler or ret…

(1) A wholesaler of nicotine vapor products shall only sell authorized nicotine vapor products to a retailer. (2) Any wholesaler that violates this section shall be subject to a fine of: (a) Five thousand dollars ($5,000) for a first citation issued for a violation of this sectio…

age 21 prohibited -- Penalties. (1) A person shall not sell or cause to be sold any tobacco product or alternative nicotine product at retail to any person under the age of twenty-one (21), or solicit any person under the age of twenty-one (21) to purchase any tobacco product or …

tobacco product, alternative nicotine product, or vapor product -- Confiscation. (1) Except for the provisions of KRS 438.330, it shall be unlawful for a person who has not attained the age of twenty-one (21) years to purchase or accept receipt of or to attempt to purchase or acc…

any person under age 21 -- Affirmative defense -- Penalties. (1) A retailer shall not sell, give away, or distribute an authorized nicotine vapor product or tobacco product to any person under twenty-one (21) years of age. A retailer who sells a tobacco product to a person under …

products to persons under age 21 prohibited -- Distribution of alternative nicotine products, tobacco products, or vapor products to retailer with revoked license prohibited -- Penalty -- Issuance of uniform citation. (1) A wholesaler, retailer, or manufacturer of cigarettes, tob…

to or purchases by persons under age 21 from vending machine prohibited -- Location of vending machine -- Penalty -- Issuance of uniform citation. (1) The sale of tobacco products, alternative nicotine products, or vapor products dispensed through a vending machine is prohibited …

defense -- Penalties. (1) A retailer of nicotine vapor products containing nicotine shall only sell authorized nicotine vapor products. (2) Any retailer that violates this section shall be subject to a: (a) Five hundred dollar ($500) fine to the owner of a retail establishment fo…

units of fewer than twenty -- Penalties. (1) No person shall sell or cause to be sold at retail cigarettes packaged in units of fewer than twenty (20) cigarettes. (2) No resident wholesaler, nonresident wholesaler, or subjobber shall make available to a retail establishment cigar…

Each resident wholesaler, nonresident wholesaler, or subjobber making tobacco products available to a retail establishment for sale or distribution shall report the name and address of the owner of the retail establishment to the Department of Alcoholic Beverage Control in a mann…

(1) Each owner of a retail establishment selling or distributing tobacco products, alternative nicotine products, or vapor products shall notify each individual employed in the retail establishment as a retail sales clerk that the sale of tobacco products, alternative nicotine pr…

vapor products -- Restrictions -- Required label and signature of recipient -- Age verification -- Definitions for section -- Exceptions -- Penalties. (1) As used in this section: (a) "Pipe tobacco" means any tobacco which, because of its appearance, type, packaging, or labeling,…

products, alternative nicotine products, or vapor products -- Preparation of federally required annual report. (1) Except as provided in KRS 438.337, the Department of Alcoholic Beverage Control and the Department of Agriculture shall carry out annually conducted random, unannoun…

(1) All certified peace officers with general law enforcement authority and investigators of the department may issue a citation for a violation of KRS 438.308, 438.309, 438.310, 438.312, 438.316, or 438.343. (2) A citation shall not be issued to a minor, and a minor shall not be…

per pack revenue and fines. The Department of Agriculture shall carry out the provisions of KRS 438.305 to 438.350 as they relate to educating the public and sellers of tobacco products, alternative nicotine products, or vapor products about provisions and penalties of KRS 438.30…

enforcement of KRS 438.305 to 438.350 -- Disposition of revenue and fines collected under KRS 138.140 and 438.305 to 438.350 -- Statistics -- Enforcement plan -- Publication of list of licensees. (1) The department shall carry out the enforcement provisions of KRS 438.305 to 438.…

(1) The department and the Department of Agriculture are authorized to promulgate administrative regulations pursuant to KRS Chapter 13A as necessary to implement and carry out the provisions of KRS 438.305 to 438.350, including establishing a procedure for administering citation…

(1) As used in this section, "nitrous oxide" means any of the following substances: (a) N2O; (b) Dinitrogen monoxide; (c) Dinitrogen oxide; (d) Nitrogen oxide; (e) Butyl nitrite; (f) Isobutyl nitrite; (g) Secondary butyl nitrite; (h) Tertiary butyl nitrite; or (i) Laughing gas. (…

nicotine products, or vapor products by persons under age 21 -- Exceptions -- Penalties. (1) No person under the age of twenty-one (21) shall possess or use tobacco products, alternative nicotine products, or vapor products. (2) Any tobacco product, alternative nicotine product, …