KRS CHAPTER 436- OFFENSES AGAINST MORALITY

 

 

KRS ANNOTATED
KRS CHAPTER 436 – OFFENSES
AGAINST MORALITY
KRS 436.010 thru KRS 436.610
KRS 436.010   Repealed, 1975.
KRS 436.020   Repealed, 1975.
KRS 436.023   Repealed, 1982.
KRS 436.030  Through KRS 436.140 Repealed 1975.
KRS 436.170   Repealed, 1975.
KRS 436.190 Through KRS 436.300 Repealed 1975.
KRS 436.330 Through KRS 436.470 Repealed 1975.
KRS 436.490   Repealed, 1975.
KRS 436.505   Repealed, 1975.
KRS 436.500   Repealed, 1975.
KRS 436.506   Repealed, 1975.
KRS 436.520   Repealed, 1975.
KRS 436.550   Repealed, 1975.
KRS 436.530   Repealed, 1975.
KRS 436.560   Repealed, 1975.
KRS 436.540   Repealed, 1975.
KRS 436.570   Repealed, 1975.
KRS 436.580   Repealed, 1975.
KRS 436.595   Repealed, 1975.
KRS 436.590   Repealed, 1975.
KRS 436.597   Repealed, 1975.
KRS 436.593   Repealed, 1975.
 
Updated 9/20/2013 (2013) GB
.010   Repealed, 1975.
.023   Repealed, 1982.
 
KRS 436.026 Sale or transfer of viable aborted child for use in experimentation prohibited.
Any person who shall sell, transfer, distribute, or give away any live or viable aborted child or permits such child to be used for any form of experimentation shall be guilty of a Class B felony. Nothing contained in this section shall be construed as prohibiting adoption or foster care proceedings pursuant to the provisions of the laws of the Commonwealth.
Effective: July 14, 1992
History: Amended 1992 Ky. Acts ch. 463, sec. 61, effective July 14, 1992. – Created 1974 Ky. Acts ch. 255, sec. 13.
 
ANNOTATION FOR THIS STATUTE:
 
Commonwealth v. Vincent, 2002 KY 40 (KY, 2002) March 21, 2002
While all of Kentucky’s capital offenses, by definition, involve the death of the victim, see KRS 507.020 (Murder); KRS 509.040 (Capital Kidnapping); KRS 527.200 (Capital First Degree Use of a Weapon of Mass Destruction), and will therefore be violent offenses whenever committed, the same generalization is not true as to Class A felonies and Class B felonies. See, e.g. KRS 218A.1432 (Manufacturing Methamphetamine); KRS 250.489 (Possession of Anhydrous Ammonia in Unapproved Container); KRS 250.4892 (Tampering with Anhydrous Ammonia Equipment); KRS 514.030 (Theft by Unlawful Taking); KRS 514.110 (Receiving Stolen Property); KRS 154A.990(3) (Cheating or Attempting to Cheat the Lottery); KRS 434.144 (Filing an Illegal Lien); KRS 436.026 (Sale or Transfer of a Viable Aborted Child for Use in Experimentation); KRS 513.020 (First Degree Arson). The qualifying language in KRS 430.3401(1), thus constitutes a rational decision by the legislature to limit the definition of violent offenses to crimes “involving the death of the victim or serious physical injury to a victim”—in other words, crimes commonly thought of as “violent.” I submit that this is the reason that KRS 439.3401(1) requires trial judges to designate in the judgment whether the victim was killed or suffered serious physical injury.
.030   Repealed, 1975.
.040   Repealed, 1975.
.050   Repealed, 1975.
.060   Repealed, 1975.
.070   Repealed, 1975.
.075   Repealed, 1975.
.080   Repealed, 1975.
.100   Repealed, 1975.
.101   Repealed, 1975.
.107   Repealed, 1980.
.110   Repealed, 1975.
.120   Repealed, 1975.
.130   Repealed, 1975.
.140   Repealed, 1975.
.150   Repealed, 1975.
.155   Repealed, 1975.
 
KRS 436.160 Working on Sunday — Work of necessity or charity, athletic games and certain businesses and employers excluded — Penalty.
(1) Any person who works on Sunday at his own or at any other occupation or employs any other person, in labor or other business, whether for profit or amusement, unless his work or the employment of others is in the course of ordinary household duties, work of necessity or charity or work required in the maintenance or operation of a public service or public utility plant or system, shall be fined not less than two dollars ($2) nor more than fifty dollars ($50). The employment of every person employed in violation of this subsection shall be deemed a separate offense.
(2) Persons who are members of a religious society which observes as a Sabbath any other day in the week than Sunday shall not be liable to the penalty prescribed in subsection (1) of this section, if they observe as a Sabbath one (1) day in each seven (7).
(3) Subsection (1) of this section shall not apply to amateur sports, athletic games, or operation of grocery stores whose principal business is the sale of groceries and related food items, drug stores whose principal business is the sale of drugs and related drug items, gift shops, souvenir shops, fishing tackle shops and bait shops, moving picture shows, chautauquas, filling stations, or opera.
(4) Subsection (1) of this section shall not apply to employers using continuous work scheduling provided that such scheduling permits at least one (1) day of rest each calendar week for each employee.
Effective: June 17, 1978
History: Amended 1978 Ky. Acts ch. 250, sec. 1, effective June 17, 1978. – Amended 1972 Ky. Acts ch. 18, sec. 1. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1290a-7, 1290a-11, 1321, 1323, 1369, 1979.
 
ANNOTATION FOR THIS STATUTE:
Walters v. Bindner, 435 S.W.2d 464 (Ky., 1968) November 22, 1968
Appellant then filed for a declaration of rights in the Jefferson Circuit Court in which he questioned the constitutionality of KRS 436.160(5). The circuit court adjudged the statute to be constitutional and from this judgment Walters appeals. The sole question to be determined by this appeal is the constitutionality of subsection (5) of KRS 436.160.
        Appellant’s attack is based upon the Equal Protection Clause of the Fourteenth Amendment to the Constitution of the United States; Section 1 of the Constitution of the Commonwealth of Kentucky, which in essence provides for equal protection of the laws, and that portion of Section 59 of the Constitution of the Commonwealth of Kentucky which provides: ‘In all other cases where a general law can be made applicable, no special law shall be enacted.’
        Subsection (1) of KRS 436.160 sets forth what is known as a general Sunday Closing Law, the constitutionality of which was upheld by this court in Arlan’s Department Store of Louisville v. Commonwealth, Ky., 369 S.W.2d 9; Commonwealth v. Arlan’s Department Store of Louisville, Ky., 357 S.W.2d 708 and in effect, by the United States Supreme Court in Arlan’s Department Store of Louisville v. Kentucky, 371 U.S. 218, 83 S.Ct. 277, 9 L.Ed.2d 264. Subsection (3) of KRS 436.160 enumerates specific exemptions to the general law, among which are amateur sports and athletic games. But subsection (5) expressly prohibits the operation of licensed poolrooms on Sunday.
   It is the rule that all presumptions and intendments are in favor of the constitutionality of statutes and, even in cases of reasonable doubt of their constitutionality, they should be upheld and the doubt resolved in favor of the voice of the people as expressed through their legislative department of government. The wisdom or expediency of such legislation cannot be subjected to judicial review.
        We conclude that KRS 436.160(5) is constitutionally acceptable and is, therefore, valid.
        The judgment is affirmed.
Gibson Products Co. of Bowling Green, Kentucky v. Lowe, 440 S.W.2d 793 (Ky., 1969) May 2, 1969
     As to discrimination in enforcement, the complaint asserted two grounds for relief. One was that there was unlawful discrimination by enforcement of the Sunday no-work law, KRS 436.160(1) against the plaintiff merchants but nonenforcement of the Sunday no-hunting law, KRS 436.160(6) against sportsmen. We find no merit in this ground
Boyle v. Campbell, 450 S.W.2d 265 (Ky., 1970)
    The ordinance in question contains a lengthy preamble in which it is made very clear that it was intended to be complementary to KRS 436.160. The first five sections of the ordinance are identical with the first five subsections of this statute, prohibiting the same activities and prescribing the same fines. Section 6 of the ordinance undertakes to classify certain services, businesses and occupations as a ‘work of necessity’, expressly exempted by KRS 436.160 and section 1 of the ordinance. The focal point of the controversy here, under section 6G of the ordinance, is the exclusion as a ‘work of necessity’ of the following: ***
   It would appear the General Assembly has preempted the field of Sunday closing by the enactment of KRS 436.160. The subject matter was fully and completely covered by this general law which expressed a state-wide public policy and by its terms indicated a paramount state concern not requiring or contemplating local action.
        Whether we consider this ordinance in the light of the principles of ‘preemption’ or ‘conflict’, or simply as one of the lack of power, it must be held invalid. To the extent it duplicated the state statute, it accomplished no purpose. To the extent it defined a term found in the statute, it cannot be given the force of law. When, in City of Ashland v. Heck’s, Inc., Ky., 407 S.W.2d 421 (1966), we stated that the delineation of what constituted a ‘work of necessity’ was ‘a legislative matter’, we obviously had in mind the state legislature. 
     If the implementation of the state statute is to be accomplished, it must be done by the General Assembly. The attempt by the City of Bowling Green cannot be upheld.
        The judgment is reversed.
KRS 436.165 Retail sales and activities on Sunday subject to control of legislative body of city or county — Restrictions — Public vote.
In addition to the provisions of KRS 436.160:
(1) The legislative body of any city, except as to activities permitted under KRS 436.160, shall have the exclusive power to enact ordinances or orders permitting and regulating other retail sales and activities on Sunday within its jurisdictional boundaries, subject to subsection (4) hereof.
(2) The fiscal court of each county, except as to activities permitted under KRS 436.160, shall have exclusive power to enact resolutions or orders permitting and regulating other retail sales and activities on Sunday in that portion of the county which lies outside of the corporate limits of any cities within said county, subject to subsection (4) hereof.
(3) In any city, county, or urban-county government where the legislative body has failed to enact ordinances permitting retail sales and activities on Sunday, the matter may be put to a vote of the people. Upon a petition signed by eligible voters in a number equal to twenty-five percent (25%) of the voters who voted in the last general election, a proposition to permit retail sales and activities on Sunday shall be placed before the voters at the next general election. Any such petition shall be submitted to the county clerk of that county for verification of the signatures. The petition shall be submitted to the county clerk and certified by the county clerk as sufficient not later than the second Tuesday in August prior to a general election to be eligible for placement of the question before the voters.
(4) Notwithstanding subsections (1), (2), and (3) of this section, any ordinance, resolution or order adopted by the legislative body of any city or the fiscal court of any county pertaining to retail sales and activities on Sunday shall be subject to the following limitations:
(a) No employer shall require as a condition of employment that any employee work on Sunday or on any other day of the week which any such employee may conscientiously wish to observe as a religious Sabbath.
(b) No employer shall in any way discriminate in the hiring or retaining of employees between those who designate a Sabbath as their day of rest and those who do not make such designation, provided, however, that the payment of premium or overtime wage rates for Sunday employment shall not be deemed discriminatory.
(c) No person permitted, under the provisions of this section, to engage in a retail business on Sunday shall be open to the public between the hours of 6 a.m. and noon on any Sunday.
(d) Every employer engaged in retail sales on Sunday shall allow each person employed by him in connection with such business or service at least twentyfour (24) consecutive hours of rest in each calendar week in addition to the regular periods of rest normally allowed or legally required in each working day.
 (e) No business shall be required to be open on Sunday as part of a lease agreement, franchise agreement or any other contractual arrangement. The provisions of this subsection shall not apply to any lease agreement, franchise agreement or any other contractual arrangement entered into before July 15, 1980.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 195, sec. 70, effective July 15, 1996. – Amended 1982 Ky. Acts ch. 360, sec. 85, effective July 15, 1982. — Amended 1980 Ky. Acts ch. 142, sec. 1, effective January 1, 1980. — Created 1972 Ky. Acts ch. 18, sec. 2.
 
NO ANNOTATION FOR THIS STATUTE:
.170   Repealed, 1975.
.180   Repealed, 1975.
 
KRS 436.185 Exhibition of walking horse where the horse’s front legs or hoofs show evidence of burns, drugs, lacerations or any pain inflicting device.
(1)
(a) The term “walking horse” as used in this section shall be construed to include only that breed of horses known as walking horses.
(b) The term “handler” as used in this section shall be construed to mean that person or persons who are in charge of grooming, preparing and readying said horse for competition.
(2) No walking horse shall be permitted to compete or exhibit in any exhibition or fair either for profit or pleasure, if said horse’s front legs or hoofs show evidence of burns, drugs, lacerations, any sharp pointed instrument, or any pain inflicting device.
(3) It shall be the duty of the assigned ringmaster in charge of any such exhibition or competition to properly inspect the front legs and hoofs of each entry in each class or event. Said inspection shall be for the purpose of determining whether there is any evidence of burns, drugs, lacerations, any sharp pointed instrument, or any pain inflicting device appearing on said animal.
(4) If any such evidence appears to the satisfaction of the ringmaster, he shall immediately bar said horse from competition, and notify the sheriff of said county of said violation. The handler of said horse shall be fined not less than ten dollars ($10) nor more than one hundred dollars ($100) or imprisoned for ten (10) days or both. For the second and each subsequent offense he shall be imprisoned for thirty (30) days.
(5) Any ringmaster who fails to perform these duties, and permits the commission of any of the offenses stated in subsection (2), shall be fined not less than ten dollars ($10) nor more than one hundred dollars ($100) for each offense allowed.
(6) This section shall in no wise repeal any laws of the Commonwealth of Kentucky on the subject of cruelty to animals and shall be construed by the courts as supplementary thereto.
Effective: May 18, 1956.
History: Created 1956 Ky. Acts ch. 245, secs. 1, 2, 3, 4, 5, and 6, effective May 18, 1956.
 
NO ANNOTATION FOR THIS STATUTE:
.190   Repealed, 1975.
.200   Repealed, 1975.
.210   Repealed, 1975.
.220   Repealed, 1975.
.230   Repealed, 1975.
.240   Repealed, 1975.
.250   Repealed, 1975.
.260   Repealed, 1975.
.270   Repealed, 1975.
.280   Repealed, 1975.
.290   Repealed, 1975.
.300   Repealed, 1975.
.310   Repealed, 1975.
 
 
KRS 436.320 Minor to furnish identification to play billiards or pool — Owner of table to supply blank cards.
No person owning or controlling a billiard or pool table shall permit, for compensation or reward, any minor under eighteen (18) years of age to play any game on the table, unless such minor shall have first displayed an identification card containing his name, age, photograph, and the signature of his parents or guardian. The minor shall keep such identification card on his person, and it shall be subject to inspection at any time by any peace officer. The person owning or controlling such billiard or pool table shall keep and maintain a registration book in which each minor shall sign. The person owning or controlling such billiard or pool table shall supply a blank identification card to each parent or guardian who makes request for same. Any person who violates this section shall be fined not less than ten ($10) nor more than one hundred dollars ($100) for each offense.
Effective: June 17, 1954
History: Amended 1954, Ky. Acts ch. 232, sec. 1, effective June 17, 1954. – Amended 1946 Ky. Acts ch. 71, sec. 1. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1972.
 
ANNOTATION FOR THIS STATUTE:
 
Hardin v. Commonwealth, 301 Ky. 337 (KY, 1945)
 Motion for appeal from judgment of Laurel Circuit Court, convicting movant of the offense of permitting minor to play pool without permit required by sec. 436.320 KRS, and assessing fine of $100, and forfeiting movant’s right to again keeping a table.
                Motion denied. Judgment affirmed.
 
KRS 436.480 Pari-mutuel wagering exempt from KRS Ch. 528.
KRS Chapter 528 shall not apply to pari-mutuel wagering authorized under the provisions of KRS Chapter 230.
History: Amended 1976 Ky. Acts ch. 183, sec. 7. — Amended 1974 Ky. Acts ch. 406, sec. 327. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3914b-6.
 
ANNOTATION FOR THIS STATUTE:
Hargett v. Kentucky State Fair Board, 309 Ky. 132 (KY, 1949)
 “Subsection (1) of this section shall not apply to persons who sell combination or French pools on any regular race track during the races on that track.” KRS 436.480 provides that:
        “KRS 436.440 to 436.470 shall not apply to enclosures during regular race meetings or enclosures in which horse racing is being conducted under license from the State Racing Commission, or to enclosures during regular race meetings in which trotting and pacing races are being conducted by associations regularly organized for that purpose.” Gambling in any form has long been declared as being against the public policy of this State. Furthermore, all horse racing is prohibited by law except when authorized by the State through its Racing Commission.
Goose v. Commonwealth, 305 Ky. 644 (KY, 1947) October 24, 1947
    It was once regarded in this state that buying of pools on horse races was not within the statute which fixed a penalty against suffering any game on premises at which money was bet. City of Louisville v. Wehmhoff, 116 Ky. 812, 78 S.W. 876, 79 S.W. 201. That is not the law now. In these later days all forms of gambling and the promotion thereof are condemned by the statutes (KRS 436.190 to 436.530) except betting through pari-mutuel machines at race courses under license by the state. KRS 436.480. But at common law a common gambling house was regarded as a common nuisance because of its tendencies to bring together disorderly persons, promote immorality and lead to breaches of the peace.
  
 
KRS 436.510 Witnesses in investigation or prosecution for gambling.
(1) In any prosecution or any investigation by an examining court or grand jury of gambling violations, it shall be no exemption for a witness that his testimony may incriminate himself.
(2) It shall be no exemption for the buyer of a lottery ticket, in any prosecution against the seller of a lottery ticket, that his testimony may incriminate himself.
(3) No testimony given in the proceedings stated in subsections (1) and (2) of this section shall be used against the testifying witness in any prosecution except for false swearing.
(4) Except as provided in subsection (3) of this section, a witness testifying in any prosecution against the seller of a lottery ticket, shall be discharged from all liability for any offense necessarily disclosed in his testimony.
(5) A witness testifying in any prosecution for gambling shall be discharged from all liability for gambling disclosed in his testimony.
(6) No person against whom a witness testifies in any prosecution for gambling shall testify as to any gambling by the witness.
History: Amended 1974 Ky. Acts ch. 406, sec. 334. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1328a, 1973, 2579.
 
ANNOTATION FOR THIS STATUTE:
Kindt v. Murphy, Judge, 312 Ky. 395 (KY, 1950) March 3, 1950
      The respondent, Judge Murphy, has filed a motion to dismiss the petition on the ground that if the evidence they might give should be used against them in a criminal proceeding, they would be immune from prosecution under KRS 436.510. The plaintiff, in the original action, Duff, has been permitted to interplead and has filed special and general demurrers to the petition.
     7. Criminal Law. — Statute providing that no witness may refuse to testify in any prosecution for gambling on ground that his testimony may incriminate him but that no such testimony shall be used against him in any prosecution except for false swearing is confined to any prosecution, preliminary examination or inquiry conducted by the Commonwealth. KRS 436.510.
       Therefore, though the parties may not be compelled to give self-incriminating testimony, they were and are in contempt of court as above described.
        Accordingly, the writ of prohibition sought herein is denied.
Freeman v. Commonwealth, 305 Ky. 221 (KY, 1947) June 17, 1947
        The commonwealth elected to try appellant first, and introduced four or five witnesses who unequivocally testified that they had played in games of poker in Richardson’s place, at times when appellant was operating the game. There can be no sort of doubt as to appellant’s guilt, and when put on the stand he admitted that he had operated the games at the times stated by the witnesses.
     Criminal Law. — In prosecution for setting up and operating a game of chance and for aiding others in setting up and operating a poker game, introduction of those others as witnesses had the effect of exempting them from prosecution with defendant under the joint indictment. KRS 436.230, 436.510.
       The county attorney was correct in his statement that the introduction of Dyer (or Richardson) as a witness would “have the effect” of exempting them from prosecution under the joint indictment. See the several subsections of sec. 436.510, KRS. This colloquy brought to the attention of the jury more clearly the intention of the commonwealth (and the effect) than the avowal. The statement contained in the brief loses much of its force and effect, if indeed we might consider it on the question as to whether undue advantage had been taken of appellant.
   After a careful survey of the record we fail to find error which would authorize us to reverse without doing violence to the law and rules of the court.
        Judgment affirmed.
 
KRS 436.575 Motion picture rating required to be included in any motion picture advertising placed or accepted.
(1) No person shall advertise any motion picture in any media, including but not limited to newspapers, magazines, radio, television, or billboards, without including the rating assigned to that picture by the Motion Picture Coding Association of America or its successor, if a rating has been assigned to the said motion picture.
(2) No person shall accept for publication or publish or air any motion picture advertisement which does not carry a rating as assigned by the Motion Picture Coding Association of America, unless such motion picture has not been rated by the said association or its successor.
(3) Any person who violates any of the provisions of this section shall be fined not less than $50 nor more than $500.
History: Created 1972 Ky. Acts ch. 351, sec. 1.
 
NO ANNOTATION FOR THIS STATUTE:
 
 
KRS 436.600 Dyeing or selling dyed baby fowl or rabbits.
No person shall sell, exchange, offer to sell or exchange, display, or possess living baby chicks, ducklings, or other fowl or rabbits which have been dyed or colored; nor dye or color any baby chicks, ducklings, or other fowl or rabbits; nor sell, exchange, offer to sell or exchange or to give away baby chicks, ducklings, or other fowl or rabbits, under two(2) months of age in any quantity less than six (6), except that any rabbit weighing three (3) pounds or more may be sold at an age of six (6) weeks. Any person who violates this section shall be fined not less than $100 nor more than $500.
History: Amended 1972 Ky. Acts ch. 374, sec. 1. — Created 1966 Ky. Acts ch. 215, sec. 5.
 
NO ANNOTATION FOR THIS STATUTE:
KRS 436.605 Animal control officers and humane agents have powers of peace officers, except power of arrest — Search warrants — Execution of search warrants — Arrest by peace officer.
(1) Animal control officers and officers and agents of humane societies who are employed by, appointed by, or have contracted with a city, county, urban-county, charter county, or consolidated local government to provide animal sheltering or animal control services shall have the powers of peace officers, except for the power of arrest, for the purpose of enforcing the provisions of the Kentucky Revised Statutes relating to cruelty, mistreatment, or torture of animals, provided they possess the qualifications required under KRS 61.300.
(2) When any peace officer, animal control officer, or any officer or agent of any society or association for the prevention of cruelty to animals duly incorporated under the laws of this Commonwealth who is employed by, appointed by, or has contracted with a city, county, urban-county, charter county, or consolidated local government to provide animal sheltering or animal control services makes an oath before any judge of a District Court that he has reasons to believe or does believe that an act of cruelty, mistreatment, or torture of animals is being committed in a building, barn, or other enclosure, the judge shall issue a search warrant directed to the peace officer, animal control officer, or officer or agent of the society or association for the prevention of cruelty to animals to search the premises. If a peace officer finds that an act of cruelty, mistreatment, or torture of animals is being perpetrated, the offender or offenders shall be immediately arrested by the peace officer and brought before the court for trial. If an animal control officer or an officer or agent of a society or association for the prevention of cruelty to animals finds that an act of cruelty, mistreatment, or torture of animals is being perpetrated, the officer or agent shall summon a peace officer to arrest the offender or offenders and bring them before the court for trial.
Effective: July 13, 2004
History: Amended 2004 Ky. Acts ch. 189, sec. 29, effective July 13, 2004. – Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 444, effective January 1, 1978. — Amended 1974 Ky. Acts ch. 406, sec. 328. — Created 1966 Ky. Acts ch. 215, secs. 4 and 7.
 
NO ANNOTATION FOR THIS STATUTE:
KRS 436.610 Confiscation of animals on premises where violations of KRS 525.125 and 525.130 occur.
All animals of the same species, which are on the property when an animal is caused to fight for pleasure or profit, in violation of the provisions of KRS 525.125 and 525.130, shall be confiscated and turned over to the county animal control officer employed, appointed, or contracted with as provided by KRS 258.195, if there are reasonable grounds to believe that the animals were on the property for the purpose of fighting.
Effective: July 13, 2004
History: Amended 2004 Ky. Acts ch. 189, sec. 30, effective July 13, 2004. – Created 1984 Ky. Acts ch. 67, sec. 3, effective July 13, 1984.
 
NO ANNOTATION FOR THIS STATUTE:

 

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