KRS 528.040: Promoting Gambling in the Second Degree

What Is KRS 528.040?

KRS 528.040 is Kentucky’s second-degree promoting gambling statute. It applies to lower-level gambling promotion that doesn’t meet the felony thresholds. People in Lexington and Louisville face these charges in cases involving smaller-scale gambling operations.

What the Statute Prohibits

A person commits second-degree promoting gambling when they knowingly advance or profit from unlawful gambling activity below the thresholds for first-degree.

Penalties Under KRS 528.040

Class A misdemeanor: Up to 12 months in jail
Substantial fines

Common Cases

Small-scale poker games
Limited bookmaking operations
Local gambling pools
Unauthorized fundraising raffles

Defenses Available

The activity was lawful social gambling
You weren’t actually profiting
The activity wasn’t actually gambling

Clark + Harris Defends Gambling Cases

Call 859-474-0001 — 24/7.

Frequently Asked Questions

How soon should I contact Clark + Harris after being charged in Kentucky?

As soon as possible. Early representation protects your rights during questioning, preserves evidence, and often leads to better outcomes. Call 859-474-0001 — we respond promptly to new inquiries.

Does Clark + Harris represent clients throughout Kentucky?

Yes. We represent clients in all 120 Kentucky counties, both state District and Circuit courts, and federal courts in the Eastern and Western Districts of Kentucky.

What happens during a free consultation with Clark + Harris?

We review the specific charges and evidence, discuss available defenses, explain the likely process in the relevant court, and give you a clear roadmap of next steps — at no cost to you.

Related Resources

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