Pierce v Commonwealth Partial Brief

Pierce Brief – Partial

Facts: Defendant convicted of solicitation to commit sodomy under city ordinance fined $500.00 and sentenced to 6 months.

State statute KRS 506.030 allows for a maximum fine of $250.00 and 90 days in jail. The city statute directly addresses criminal conduct which is comprehensively addressed by state statutes.


Issue: May a local ordinance provide a greater penalty for a violation already addressed by a state statute?


Holding:        , conviction reversed.

The state’s Home Rule statute states:                                                                                                                                             .