KRS T. L, Ch. 500, Refs & Annos

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 500. General Provisions

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 500.010

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 500. General Provisions (Refs & Annos)

500.010 Title

KRS Chapters 500 to 534 shall be known as the Kentucky Penal Code.

CREDIT(S)

HISTORY: 1974 c 406, § 1, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 500.020

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 500. General Provisions (Refs & Annos)

500.020 Offenses defined by statute; common law abolished

(1) Common law offenses are abolished and no act or omission shall constitute a criminal offense unless designated a crime or violation under this code or another statute of this state.

(2) This provision shall not affect the power of a court to punish for contempt or to employ any sanction authorized by law for the enforcement of an order or a civil judgment or decree.

CREDIT(S)

HISTORY: 1974 c 406, § 2, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 500.030

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 500. General Provisions (Refs & Annos)

500.030 Rule of construction

All provisions of this code shall be liberally construed according to the fair import of their terms, to promote justice, and to effect the objects of the law.

CREDIT(S)

HISTORY: 1974 c 406, § 3, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 500.040

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 500. General Provisions (Refs & Annos)

500.040 Restrictions on applicability

(1) The provisions of this code shall not apply to any offense committed prior to January 1, 1975, notwithstanding the provisions of KRS 446.110. Such an offense must be construed and punished according to the provisions of law existing at the time of the commission thereof in the same manner as if this code had not been enacted.

(2) This code shall not bar, suspend or otherwise affect any right or liability to damages, penalty, forfeiture or other remedy authorized by law to be recovered or enforced in a civil action.

(3) For purposes of this section, an offense shall be deemed to have been committed prior to January 1, 1975, if any element of the offense occurred prior thereto.

CREDIT(S)

HISTORY: 1974 c 406, § 4, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 500.050

Effective: July 15, 2008

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 500. General Provisions (Refs & Annos)

500.050 Time limitations

(1) Except as otherwise expressly provided, the prosecution of a felony is not subject to a period of limitation and may be commenced at any time.

(2) Except as otherwise expressly provided, the prosecution of an offense other than a felony must be commenced within one (1) year after it is committed.

(3) For a misdemeanor offense under KRS Chapter 510 when the victim is under the age of eighteen (18) at the time of the offense, the prosecution of the offense shall be commenced within five (5) years after the victim attains the age of eighteen (18) years.

(4) For purposes of this section, an offense is committed either when every element occurs, or if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant's complicity therein is terminated.

CREDIT(S)

HISTORY: 2008 c 72, § 6, eff. 7-15-08; 2000 c 401, § 5, eff. 7-14-00; 1990 c 448, § 2, eff. 7-13-90; 1974 c 406, § 5

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 500.060

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 500. General Provisions (Refs & Annos)

500.060 Territorial applicability

(1) Except as otherwise provided in this section, a person may be convicted under the law of this state of an offense committed by his own conduct or the conduct of another for which he is legally accountable when:

(a) Either the conduct or the result which is an element of the offense occurs within this state; or

(b) Conduct occurring outside the state is sufficient to constitute an attempt to commit an offense within the state; or

(c) Conduct occurring outside the state is sufficient to constitute a conspiracy to commit an offense within the state and an overt act in furtherance of the conspiracy occurs within the state; or

(d) Conduct occurring within this state establishes complicity in the commission of, or an attempt, solicitation or conspiracy to commit, an offense in another jurisdiction which is also an offense under the law of this state; or

(e) The offense consists of the omission to perform a legal duty imposed by the law of this state regardless of where that person is when the omission occurs; or

(f) The offense is a violation of a statute of this state that expressly prohibits conduct outside the state.

(2) Subsection (1)(a) does not apply if causing a particular result is an element of an offense and the result is caused by conduct occurring outside the state that would not constitute an offense if the result had occurred there, unless the actor intentionally or knowingly caused the result within the state.

(3) When the offense is homicide, either the death of the victim or the bodily impact causing death constitutes a “result” within the meaning of subsection (1)(a). If the body of a homicide victim is found within this state, it shall be prima facie evidence that the result occurred within the state.

CREDIT(S)

HISTORY: 1974 c 406, § 6, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 500.070

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 500. General Provisions (Refs & Annos)

500.070 Burden of proof; defenses

(1) The Commonwealth has the burden of proving every element of the case beyond a reasonable doubt, except as provided in subsection (3). This provision, however, does not require disproof of any element that is entitled a “defense,” as that term is used in this code, unless the evidence tending to support the defense is of such probative force that in the absence of countervailing evidence the defendant would be entitled to a directed verdict of acquittal.

(2) No court can require notice of a defense prior to trial time.

(3) The defendant has the burden of proving an element of a case only if the statute which contains that element provides that the defendant may prove such element in exculpation of his conduct.

CREDIT(S)

HISTORY: 1974 c 406, § 7, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 500.080

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 500. General Provisions (Refs & Annos)

500.080 Definitions for Kentucky Penal Code

As used in the Kentucky Penal Code, unless the context otherwise requires:

(1) “Actor” means any natural person and, where relevant, a corporation or an unincorporated association;

(2) “Crime” means a misdemeanor or a felony;

(3) “Dangerous instrument” means any instrument, including parts of the human body when a serious physical injury is a direct result of the use of that part of the human body, article, or substance which, under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or serious physical injury;

(4) “Deadly weapon” means any of the following:

(a) A weapon of mass destruction;

(b) Any weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged;

(d) Billy, nightstick, or club;

(e) Blackjack or slapjack;

(f) Nunchaku karate sticks;

(g) Shuriken or death star; or

(h) Artificial knuckles made from metal, plastic, or other similar hard material;

(5) “Felony” means an offense for which a sentence to a term of imprisonment of at least one (1) year in the custody of the Department of Corrections may be imposed;

(6) “Government” means the United States, any state, county, municipality, or other political unit, or any department, agency, or subdivision of any of the foregoing, or any corporation or other association carrying out the functions of government;

(7) “He” means any natural person and, where relevant, a corporation or an unincorporated association;

(8) “Law” includes statutes, ordinances, and properly adopted regulatory provisions. Unless the context otherwise clearly requires, “law” also includes the common law;

(9) “Minor” means any person who has not reached the age of majority as defined in KRS 2.015;

(10) “Misdemeanor” means an offense, other than a traffic infraction, for which a sentence to a term of imprisonment of not more than twelve (12) months can be imposed;

(11) “Offense” means conduct for which a sentence to a term of imprisonment or to a fine is provided by any law of this state or by any law, local law, or ordinance of a political subdivision of this state or by any law, order, rule, or regulation of any governmental instrumentality authorized by law to adopt the same;

(12) “Person” means a human being, and where appropriate, a public or private corporation, an unincorporated association, a partnership, a government, or a governmental authority;

(13) “Physical injury” means substantial physical pain or any impairment of physical condition;

(14) “Possession” means to have actual physical possession or otherwise to exercise actual dominion or control over a tangible object;

(15) “Serious physical injury” means physical injury which creates a substantial risk of death, or which causes serious and prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of any bodily organ;

(16) “Unlawful” means contrary to law or, where the context so requires, not permitted by law. It does not mean wrongful or immoral;

(17) “Violation” means an offense, other than a traffic infraction, for which a sentence to a fine only can be imposed; and

(18) “Weapon of mass destruction” means:

(a) Any destructive device as defined in KRS 237.030, but not fireworks as defined in KRS 227.700;

(b) Any weapon that is designed or intended to cause death or serious physical injury through the release, dissemination, or impact of toxic or poisonous chemicals or their precursors;

(d) Any weapon that is designed to release radiation or radioactivity at a level dangerous to human life.

CREDIT(S)

HISTORY: 2001 c 113, § 7, eff. 6-21-01; 1992 c 211, § 130, eff. 7-14-92; 1990 c 282, § 1; 1986 c 331, § 56; 1978 c 78, § 1; 1974 c 406, § 8

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 500.090

Effective: June 25, 2009

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 500. General Provisions (Refs & Annos)

500.090 Forfeiture

(1) Except as provided in KRS 500.092, all property which is subject to forfeiture under any section of the Kentucky Penal Code shall be disposed of in accordance with this section.

(a) Property other than firearms which is forfeited under any section of this code may, upon order of the trial court, be destroyed by the sheriff of the county in which the conviction was obtained.

(b) Property other than firearms which is forfeited under any section of this code may, upon order of the trial court, be sold at public auction. The expenses of keeping and selling such property and the amount of all valid recorded liens that are established by intervention as being bona fide shall be paid out of the proceeds of the sale. The balance shall be paid to:

1. The state, if the property was seized by an agency of the state or peace officer thereof;

2. The county, if the property was seized by the sheriff or an agency or peace officer of the county;

3. The Department of Fish and Wildlife Resources, if the property was seized by a peace officer of the Department of Fish and Wildlife or was seized by any other officer for violation of KRS Chapter 150;

4. The city, if the property was seized by the city or by an agency or peace officer thereof and the property was delivered to the city property clerk;

5. The city (ninety percent (90%) of the proceeds) and the sheriff (ten percent (10%) of the proceeds), if the property was seized by the city or by an agency or peace officer thereof and the property was delivered to the sheriff or the county police; or

6. The state, if the property was seized by any combination of agencies listed above.

(c) Subject to the duty to return confiscated firearms and ammunition to innocent owners pursuant to this section, all firearms and ammunition confiscated by a state or local law enforcement agency, all firearms ordered forfeited by a court, and all abandoned firearms and ammunition coming into the custody of a state or local law enforcement agency and not retained for official use shall be transferred to the Department of Kentucky State Police for disposition as provided by KRS 16.220. The transfer shall occur not more than ninety (90) days after the abandonment of the firearm or ammunition to the law enforcement agency or not more than ninety (90) days after its confiscation, unless a court requires the firearm or ammunition for use as evidence, in which case it shall be transferred to the Department of Kentucky State Police not more than ninety (90) days following the order of forfeiture by the court or after the court returns the firearm or ammunition from use as evidence. Prior to the sale of any firearm or ammunition, the law enforcement agency shall make a bona fide attempt to determine if the firearm or ammunition to be sold has been stolen or otherwise unlawfully obtained from an innocent owner and return the firearm and ammunition to its lawful innocent owner, unless that person is ineligible to purchase a firearm under federal law. This subsection relating to auction of firearms and ammunition shall not apply to firearms and ammunition auctioned by the Department of Fish and Wildlife that may be sold to individual purchasers residing in Kentucky who are eligible under federal law to purchase firearms and ammunition of the type auctioned.

(d) If property which is forfeited under any section of this code is determined by the trial court to be worthless, encumbered with liens in excess of its value, or otherwise a burdensome asset, the court may abandon any interest in such property. Property which is abandoned pursuant to this section shall be returned to the lawful claimant upon payment of expenses for keeping the property.

(e) Property which is forfeited under any section of this code may, upon order of the trial court, be retained for official use in the following manner. Property which has been seized by an agency of the state may be retained for official state use. Property which has been seized by an agency of county, city, or urban-county government may be retained for official use by the government whose agency seized the property or for official state use. Property seized by any other unit of government may be retained only for official state use. The expenses for keeping and transferring such property shall be paid by the unit of government by which the property is retained.

(2) Money which has been obtained or conferred in violation of any section of this code shall, upon conviction, be forfeited for the use of the state. This subsection shall not apply when, during the course of the proceeding in which the conviction is obtained, the person from whom said money was unlawfully acquired is identified.

(3) Property forfeited under any section of this code shall be disposed of in accordance with this section only after being advertised pursuant to KRS Chapter 424. This subsection shall not apply to property which is designed and suitable only for criminal use or to money forfeited under subsection (2) of this section.

(4) The trial court shall remit the forfeiture of property when the lawful claimant:

(a) Asserts his or her claim before disposition of the property pursuant to this section;

(b) Establishes his or her legal interest in the property; and

(c) Establishes that the unlawful use of the property was without his or her knowledge and consent. This subsection shall not apply to a lienholder of record when the trial court elects to dispose of the property pursuant to subsection (1)(b) of this section.

(5) For purposes of this section, “lawful claimant” means owner or lienholder of record.

(6) Before property which has had its identity obscured in violation of KRS 514.120 may be sold or retained for official use as provided in this section, the court shall cause a serial or other identifying number to be placed thereon, and a record of the number assigned shall be placed in the court order authorizing the sale or retention of the property. This number shall be assigned, whenever applicable, in consultation with the Department of Kentucky State Police and any other state or federal regulatory agency. The purchaser of the property shall be given a document stating that the property had been forfeited pursuant to law and that a number, shown on the document, has been assigned which shall be deemed as compliance of the owner with KRS 514.120. When property is returned to an owner pursuant to this section and its identity has been obscured by another person in violation of KRS 514.120, the court shall provide a document to the owner relieving him or her of liability for its continued possession. This document shall serve as evidence of compliance with KRS 514.120 by the owner or any person to whom he or she lawfully disposes of the property. This section shall not apply to any person after property has been sold or returned in compliance with this section who violates the provisions of KRS 514.120 with respect to that property.

(7) Before forfeiture of any property under this section, it shall be the duty of the trial court to determine if a lawful owner or claimant to the property has been identified or is identifiable. If a lawful owner or claimant has been identified or is identifiable, the court shall notify the owner or claimant that the property is being held and specify a reasonable period of time during which the claim may be made or may, in lieu thereof, order the return of the property to the lawful owner or claimant. If the lawful owner or claimant does not assert his or her claim to the property after notification or if he or she renounces his or her claim to the property, the property shall be disposed of as provided in this section. It shall be the duty of all peace officers and other public officers or officials having knowledge of the lawful owner or claimant of property subject to forfeiture to report the same to the trial court before the act of forfeiture occurs.

CREDIT(S)

HISTORY: 2009 c 100, § 10, eff. 6-25-09; 2007 c 85, § 325, eff. 6-26-07; 2000 c 405, § 2, eff. 7-14-00; 1998 c 606, § 127, eff. 7-15-98; 1980 c 267, § 1, c 193, § 5, eff. 7-15-80; 1976 ex s, c 14, § 473; 1974 c 406, § 9

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 500.092

Effective: June 25, 2009

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 500. General Provisions (Refs & Annos)

500.092 Forfeiture of personal property not used as a residence

(1) Notwithstanding KRS 500.090, all personal property which is not used as a permanent residence in this state which is used in connection with or acquired as a result of a violation or attempted violation of any of the statutes set out in subsection (3) of this section shall be subject to forfeiture under the same terms, conditions, and defenses and using the same process as set out in KRS 218A.405 to 218A.460 for property subject to forfeiture under that chapter.

(2) Administrative regulations promulgated under KRS 218A.420 shall govern expenditures derived from forfeitures under this section to the same extent that they govern expenditures from forfeitures under KRS 218A.405 to 218A.460.

(3) The following offenses may trigger forfeiture of personal property under subsection (1) of this section:

(a) KRS 17.546;

(b) KRS 508.140 and 508.150 involving the use of any equipment, instrument, machine, or other device by which communication or information is transmitted, including computers, the Internet or other electronic network, cameras or other recording devices, telephones or other personal communications devices, scanners or other copying devices, and any device that enables the use of a transmitting device;

(d) KRS 530.064(1)(a);

(e) KRS 531.030;

(f) KRS 531.040

(g) KRS 531.310;

(h) KRS 531.320;

(i) KRS 531.335;

(j) KRS 531.340;

(k) KRS 531.350;

(l) KRS 531.360; and

(m) KRS 531.370.

CREDIT(S)

HISTORY: 2009 c 100, § 8, eff. 6-25-09

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 500.093

Effective: June 26, 2007

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 500. General Provisions (Refs & Annos)

500.093 Prohibition against court or law enforcement agency retaining firearms or ammunition to prevent their transfer or sale

No court or law enforcement agency shall retain a firearm or ammunition for official use for the purpose of avoiding transfer of the firearm or ammunition to the Department of Kentucky State Police under KRS 237.090 or 500.090, or other statute to avoid its being sold pursuant to KRS 16.220.

CREDIT(S)

HISTORY: 2007 c 85, § 326, eff. 6-26-07; 2000 c 405, § 4, eff. 7-14-00

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 500.095

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 500. General Provisions (Refs & Annos)

500.095 Alternative sentence of community work

(1) In every case in which a person pleads guilty to or is convicted of a crime punishable by imprisonment, the judge shall consider whether the person should be sentenced to a term of community service as an alternative to the prison term. The term of community service shall not be shorter than the length of the prison term nor longer than twice the length of the prison term. Failure to complete the prescribed term of community service shall be deemed a probation violation and shall subject the defendant to serve the prison service originally fixed by the court or jury.

(2) The clerk of the Circuit Court, under the direction of the Circuit Judges of the circuit and in cooperation with the Administrative Office of the Courts and the governmental units within the jurisdiction of the Circuit Court, shall maintain a schedule of community service work and projects for use by judges in setting alternative sentences. Any city, county, urban-county, or other governmental unit desiring to participate in alternative sentence community service work and projects shall submit to the clerk, on or before January 1, 1991, and every six (6) months thereafter, a list of community service work and projects it proposes for inclusion in the schedule.

(3) The Administrative Office of the Courts, under the direction of the Supreme Court, shall prepare a schedule of approved categories of alternative sentences which shall be disseminated to all judges and circuit clerks.

CREDIT(S)

HISTORY: 1990 c 497, § 3, eff. 7-13-90

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 500.100

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 500. General Provisions (Refs & Annos)

500.100 Effect of commentary

The commentary accompanying this code may be used as an aid in construing the provisions of this code.

CREDIT(S)

HISTORY: 1974 c 406, § 10, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 500.110

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 500. General Provisions (Refs & Annos)

500.110 Trial of prisoner on untried indictment within 180 days after prisoner's request for final disposition

Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of this state, and whenever during the continuance of the term of imprisonment there is pending in any jurisdiction of this state any untried indictment, information or complaint on the basis of which a detainer has been lodged against the prisoner, he shall be brought to trial within one hundred and eighty (180) days after he shall have caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer's jurisdiction written notice of the place of his imprisonment and his request for a final disposition to be made of the indictment, information or complaint; provided that for good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.

CREDIT(S)

HISTORY: 1978 c 78, § 7, eff. 6-17-78

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 500.120

Effective: June 25, 2009

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 500. General Provisions (Refs & Annos)

500.120 Subpoena power of Attorney General in cases involving use of an Internet service account in the exploitation of children and other cases

(1) In any investigation relating to an offense involving KRS 510.155, 530.064(1)(a), 531.030, 531.040, 531.310, 531.320, 531.335, 531.340, 531.350, 531.360, or 531.370, and upon reasonable cause to believe that an Internet service account has been used in the exploitation or attempted exploitation of children, or in any investigation of a violation of KRS 17.546, 508.140, 508.150, 525.070, or 525.080 where there is reasonable cause to believe that an Internet service account has been used in the commission of the offense, the Attorney General may issue in writing and cause to be served a subpoena requiring the production and testimony described in subsection (2) of this section.

(2) Except as provided in subsection (3) of this section, a subpoena issued under this section may require the production of any records or other documentation relevant to the investigation including:

(a) Electronic mail address;

(b) Internet username;

(d) Name of account holder;

(e) Billing and service address;

(f) Telephone number;

(g) Account status;

(h) Method of access to the Internet; and

(i) Automatic number identification records if access is by modem.

(3) The provider of electronic communication service or remote computing service shall not disclose the following pursuant to a subpoena issued under this section but shall disclose the information in obedience to a warrant:

(a) In-transit electronic communications;

(b) Account memberships related to Internet groups, newsgroups, mailing lists or specific areas of interest;

(d) Account content including:

1. Electronic mail in any form;

2. Address books, contacts, or buddy lists;

3. Financial records;

4. Internet proxy content or Web surfing history; and

5. Files or other digital documents stored with the account or pursuant to use of the account.

(4) At any time before the return date specified on the subpoena, the person summoned may, in the District Court in which the person resides or does business, petition for an order modifying or setting aside the subpoena, or a prohibition of disclosure by a court.

(5) A subpoena under this section shall describe the objects required to be produced and shall prescribe a return date with a reasonable period of time within which the objects can be assembled and made available.

(6) If no case or proceeding arises from the production of records or other documentation pursuant to this section within a reasonable time after those records or documentation is produced, the Attorney General shall either destroy the records and documentation or return them to the person who produced them.

(7) A subpoena issued under this section may be served by any person who is at least eighteen (18) years of age and who is designated in the subpoena to serve it. Service upon a natural person may be made by personal delivery of the subpoena to him. Service may be made upon a corporation or partnership or other unincorporated association which is subject to suit under its common name, by delivering the subpoena to an officer, to a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process. The affidavit of the person serving the subpoena together with a true copy thereof shall be proof of service.

(8) Except as provided in this section any information, records or data reported or obtained pursuant to subpoena under this section shall remain confidential and shall not be further disclosed unless in connection with a criminal case related to the subpoenaed materials.

CREDIT(S)

HISTORY: 2009 c 100, § 11, eff. 6-25-09

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS T. L, Ch. 501, Refs & Annos

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 501. General Principles of Liability

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 501.010

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 501. General Principles of Liability (Refs & Annos)

501.010 Definitions

The following definitions apply in this chapter:

(1) “Culpable mental state” means “intentionally” or “knowingly” or “wantonly” or “recklessly,” as these terms are defined in KRS 501.020.

(2) “Intoxication” means a disturbance of mental or physical capacities resulting from the introduction of substances into the body.

(3) “Voluntary act” means a bodily movement performed consciously as a result of effort or determination and includes the possession of property if the actor was aware of his physical possession or control thereof for a sufficient period to have been able to terminate it.

(4) “Voluntary intoxication” means intoxication caused by substances which the defendant knowingly introduces into his body, the tendency of which to cause intoxication he knows or ought to know, unless he introduces them pursuant to medical advice or under such duress as would afford a defense to a charge of crime.

CREDIT(S)

HISTORY: 1974 c 406, § 11, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 501.020

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 501. General Principles of Liability (Refs & Annos)

501.020 Definition of mental states

The following definitions apply in the Kentucky Penal Code:

(1) “Intentionally”--A person acts intentionally with respect to a result or to conduct described by a statute defining an offense when his conscious objective is to cause that result or to engage in that conduct.

(2) “Knowingly”--A person acts knowingly with respect to conduct or to a circumstance described by a statute defining an offense when he is aware that his conduct is of that nature or that the circumstance exists.

(3) “Wantonly”--A person acts wantonly with respect to a result or to a circumstance described by a statute defining an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but is unaware thereof solely by reason of voluntary intoxication also acts wantonly with respect thereto.

(4) “Recklessly”--A person acts recklessly with respect to a result or to a circumstance described by a statute defining an offense when he fails to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.

CREDIT(S)

HISTORY: 1974 c 406, § 12, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 501.030

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 501. General Principles of Liability (Refs & Annos)

501.030 Criminal liability

A person is not guilty of a criminal offense unless:

(1) He has engaged in conduct which includes a voluntary act or the omission to perform a duty which the law imposes upon him and which he is physically capable of performing; and

(2) He has engaged in such conduct intentionally, knowingly, wantonly or recklessly as the law may require, with respect to each element of the offense, except that this requirement does not apply to any offense which imposes absolute liability, as defined in KRS 501.050.

CREDIT(S)

HISTORY: 1974 c 406, § 13, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 501.040

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 501. General Principles of Liability (Refs & Annos)

501.040 Culpability; construction of statutes

Although no culpable mental state is expressly designated in a statute defining an offense, a culpable mental state may nevertheless be required for the commission of such offense, or with respect to some or all of the material elements thereof, if the proscribed conduct necessarily involves such culpable mental state.

CREDIT(S)

HISTORY: 1974 c 406, § 14, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 501.050

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 501. General Principles of Liability (Refs & Annos)

501.050 Absolute liability

A person may be guilty of an offense without having one (1) of the culpable mental states defined in KRS 501.020 only when:

(1) The offense is a violation or a misdemeanor as defined in KRS 500.080 and no particular culpable mental state is included within the definition of the offense; or

(2) The offense is defined by a statute other than this Penal Code and the statute clearly indicates a legislative purpose to impose absolute liability for the conduct described.

CREDIT(S)

HISTORY: 1974 c 406, § 15, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 501.060

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 501. General Principles of Liability (Refs & Annos)

501.060 Causal relationships

(1) Conduct is the cause of a result when it is an antecedent without which the result in question would not have occurred.

(2) When intentionally causing a particular result is an element of an offense, the element is not established if the actual result is not within the intention or the contemplation of the actor unless:

(a) The actual result differs from that intended or contemplated, as the case may be, only in the respect that a different person or different property is injured or affected or that the injury or harm intended or contemplated would have been more serious or more extensive; or

(b) The actual result involves the same kind of injury or harm as that intended or contemplated and occurs in a manner which the actor knows or should know is rendered substantially more probable by his conduct.

(3) When wantonly or recklessly causing a particular result is an element of an offense, the element is not established if the actual result is not within the risk of which the actor is aware or, in the case of recklessness, of which he should be aware unless:

(a) The actual result differs from the probable result only in the respect that a different person or different property is injured or affected or that the probable injury or harm would have been more serious or more extensive than that caused; or

(b) The actual result involves the same kind of injury or harm as the probable result and occurs in a manner which the actor knows or should know is rendered substantially more probable by his conduct.

(4) The question of whether an actor knew or should have known the result he caused was rendered substantially more probable by his conduct is an issue of fact.

CREDIT(S)

HISTORY: 1974 c 406, § 16, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 501.070

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 501. General Principles of Liability (Refs & Annos)

501.070 Liability; ignorance or mistake

(1) A person's ignorance or mistake as to a matter of fact or law does not relieve him of criminal liability unless:

(a) Such ignorance or mistake negatives the existence of the culpable mental state required for commission of an offense; or

(b) The statute under which he is charged or a statute related thereto expressly provides that such ignorance or mistake constitutes a defense or exemption; or

(2) When ignorance or mistake relieves a person of criminal liability under subsection (1) but he would be guilty of another offense had the situation been as he supposed it was, he may be convicted of that other offense.

(3) A person's mistaken belief that his conduct, as a matter of law, does not constitute an offense does not relieve him of criminal liability, unless such mistaken belief is actually founded upon an official statement of the law, afterward determined to be invalid or erroneous, contained in:

(a) A statute or other enactment; or

(b) A judicial decision, opinion or judgment; or

(d) An official interpretation of the public officer or body charged by law with responsibility for the interpretation, administration or enforcement of the law defining the offense.

CREDIT(S)

HISTORY: 1974 c 406, § 17, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 501.080

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 501. General Principles of Liability (Refs & Annos)

501.080 Liability; intoxication

Intoxication is a defense to a criminal charge only if such condition either:

(1) Negatives the existence of an element of the offense; or

(2) Is not voluntarily produced and deprives the defendant of substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law.

CREDIT(S)

HISTORY: 1974 c 406, § 18, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 501.090

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 501. General Principles of Liability (Refs & Annos)

501.090 Liability; duress

(1) In any prosecution for an offense other than an intentional homicide, it is a defense that the defendant engaged in the proscribed conduct because he was coerced to do so by the use of, or a threat of the use of, unlawful physical force against him or another person which a person in his situation could not reasonably be expected to resist.

(2) The defense provided by subsection (1) is unavailable if the defendant intentionally or wantonly placed himself in a situation in which it was probable that he would be subjected to coercion.

CREDIT(S)

HISTORY: 1974 c 406, § 19, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS T. L, Ch. 502, Refs & Annos

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 502. Parties to Offenses: Accountability

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 502.010

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 502. Parties to Offenses: Accountability (Refs & Annos)

502.010 Liability for conduct of innocent or irresponsible person

(1) A person is guilty of an offense committed by an innocent or irresponsible person when he:

(a) Acts with the culpability that is sufficient for commission of that offense; and

(b) Causes that innocent or irresponsible person to engage in conduct constituting the offense.

(2) As used in this section, an “innocent or irresponsible person” includes anyone who is not guilty of the offense in question, despite his participation, because of:

(a) Criminal irresponsibility or other legal incapacity or exemption; or

(b) Unawareness of the criminal nature of the conduct in question or the defendant's criminal purpose; or

CREDIT(S)

HISTORY: 1974 c 406, § 20, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 502.020

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 502. Parties to Offenses: Accountability (Refs & Annos)

502.020 Liability for conduct of another; complicity

(1) A person is guilty of an offense committed by another person when, with the intention of promoting or facilitating the commission of the offense, he:

(a) Solicits, commands, or engages in a conspiracy with such other person to commit the offense; or

(b) Aids, counsels, or attempts to aid such person in planning or committing the offense; or

(2) When causing a particular result is an element of an offense, a person who acts with the kind of culpability with respect to the result that is sufficient for the commission of the offense is guilty of that offense when he:

(a) Solicits or engages in a conspiracy with another person to engage in the conduct causing such result; or

(b) Aids, counsels, or attempts to aid another person in planning, or engaging in the conduct causing such result; or

CREDIT(S)

HISTORY: 1974 c 406, § 21, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 502.030

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 502. Parties to Offenses: Accountability (Refs & Annos)

502.030 Liability for conduct of another; no defense

In any prosecution for an offense in which the criminal liability of the accused is based upon the conduct of another person pursuant to KRS 502.010 and 502.020, it is no defense that:

(1) Such other person has not been prosecuted for or convicted of any offense based on the conduct in question, or has previously been acquitted thereof, or has been convicted of a different offense, or has an immunity to prosecution or conviction for such conduct; or

(2) The offense in question, as defined, can be committed only by a particular class or classes of persons, and the accused, not belonging to such class or classes, is for that reason legally incapable of committing the offense in an individual capacity.

CREDIT(S)

HISTORY: 1974 c 406, § 22, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 502.040

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 502. Parties to Offenses: Accountability (Refs & Annos)

502.040 Liability for conduct of another; exemptions

A person is not guilty under KRS 502.010 or 502.020 for an offense committed by another person when:

(1) The offense is so defined that his conduct is inevitably incident to its commission; or

(2) Prior to the commission of the offense, he manifests a voluntary and complete renunciation, as defined in KRS 506.060, of his criminal purposes and:

(a) Deprives his prior effort of its effectiveness in such commission; or

(b) Gives timely warning to the proper law enforcement authorities or otherwise makes proper effort to prevent commission of the offense.

CREDIT(S)

HISTORY: 1974 c 406, § 23, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 502.050

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 502. Parties to Offenses: Accountability (Refs & Annos)

502.050 Corporate liability

(1) A corporation is guilty of an offense when:

(a) The conduct constituting the offense consists of a failure to discharge a specific duty imposed upon corporations by law; or

(b) The conduct constituting the offense is engaged in, authorized, commanded or wantonly tolerated by the board of directors or by a high managerial agent acting within the scope of his employment in behalf of the corporation; or

(c) The conduct constituting the offense is engaged in by an agent of the corporation acting within the scope of his employment and in behalf of the corporation and:

1. The offense is a misdemeanor or violation; or

2. The offense is one defined by a statute which clearly indicates a legislative intent to impose such criminal liability on a corporation.

(2) As used in this section:

(a) “Agent” means any officer, director, servant or employee of the corporation or any other person authorized to act in behalf of the corporation.

(b) “High managerial agent” means an officer of a corporation or any other agent of a corporation who has duties of such responsibility that his conduct reasonably may be assumed to represent the policy of the corporation.

CREDIT(S)

HISTORY: 1974 c 406, § 24, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 502.060

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 502. Parties to Offenses: Accountability (Refs & Annos)

502.060 Individual liability for corporate conduct

A person is criminally liable for conduct constituting an offense which he performs or causes to be performed in the name of or in behalf of a corporation to the same extent as if the conduct were performed in his own name or behalf.

CREDIT(S)

HISTORY: 1974 c 406, § 25, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS T. L, Ch. 503, Refs & Annos

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 503. General Principles of Justification

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 503.010

Effective: July 12, 2006

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 503. General Principles of Justification (Refs & Annos)

503.010 Definitions for chapter

The following definitions apply in this chapter unless the context otherwise requires:

(1) “Deadly physical force” means force which is used with the purpose of causing death or serious physical injury or which the defendant knows to create a substantial risk of causing death or serious physical injury.

(2) “Dwelling” means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night.

(3) “Imminent” means impending danger, and, in the context of domestic violence and abuse as defined by KRS 403.720, belief that danger is imminent can be inferred from a past pattern of repeated serious abuse.

(4) “Physical force” means force used upon or directed toward the body of another person and includes confinement.

(5) “Residence” means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.

(6) “Vehicle” means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.

CREDIT(S)

HISTORY: 2006 c 192, § 1, eff. 7-12-06; 1992 c 173, § 1, eff. 7-14-92; 1974 c 406, § 26

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 503.020

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 503. General Principles of Justification (Refs & Annos)

503.020 Justification; a defense

In any prosecution for an offense, justification, as defined in this chapter, is a defense.

CREDIT(S)

HISTORY: 1974 c 406, § 27, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 503.030

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 503. General Principles of Justification (Refs & Annos)

503.030 Choice of evils

(1) Unless inconsistent with the ensuing sections of this code defining justifiable use of physical force or with some other provisions of law, conduct which would otherwise constitute an offense is justifiable when the defendant believes it to be necessary to avoid an imminent public or private injury greater than the injury which is sought to be prevented by the statute defining the offense charged, except that no justification can exist under this section for an intentional homicide.

(2) When the defendant believes that conduct which would otherwise constitute an offense is necessary for the purpose described in subsection (1), but is wanton or reckless in having such belief, or when the defendant is wanton or reckless in bringing about a situation requiring the conduct described in subsection (1), the justification afforded by this section is unavailable in a prosecution for any offense for which wantonness or recklessness, as the case may be, suffices to establish culpability.

CREDIT(S)

HISTORY: 1974 c 406, § 28, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 503.040

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 503. General Principles of Justification (Refs & Annos)

503.040 Execution of public duty

(2) The justification afforded by subsection (1) applies when:

(a) The defendant believes his conduct to be required or authorized by the judgment or direction of a competent court or tribunal or in the lawful execution of legal process, notwithstanding lack of jurisdiction of the court or defect in the legal process; or

(b) The defendant believes his conduct to be required or authorized to assist a public officer in the performance of his duties, notwithstanding that the officer exceeded his legal authority.

CREDIT(S)

HISTORY: 1974 c 406, § 29, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 503.050

Effective: July 12, 2006

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 503. General Principles of Justification (Refs & Annos)

503.050 Use of physical force in self-protection; admissibility of evidence of prior acts of domestic violence and abuse

(1) The use of physical force by a defendant upon another person is justifiable when the defendant believes that such force is necessary to protect himself against the use or imminent use of unlawful physical force by the other person.

(2) The use of deadly physical force by a defendant upon another person is justifiable under subsection (1) only when the defendant believes that such force is necessary to protect himself against death, serious physical injury, kidnapping, sexual intercourse compelled by force or threat, felony involving the use of force, or under those circumstances permitted pursuant to KRS 503.055.

(3) Any evidence presented by the defendant to establish the existence of a prior act or acts of domestic violence and abuse as defined in KRS 403.720 by the person against whom the defendant is charged with employing physical force shall be admissible under this section.

(4) A person does not have a duty to retreat prior to the use of deadly physical force.

CREDIT(S)

HISTORY: 2006 c 192, § 3, eff. 7-12-06; 1992 c 173, § 2, eff. 7-14-92; 1974 c 406, § 30

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 503.055

Effective: July 12, 2006

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 503. General Principles of Justification (Refs & Annos)

503.055 Use of defensive force regarding dwelling, residence, or occupied vehicle; exceptions

(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:

(a) The person against whom the defensive force was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person's will from the dwelling, residence, or occupied vehicle; and

(b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

(2) The presumption set forth in subsection (1) of this section does not apply if:

(a) The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person;

(b) The person sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of the person against whom the defensive force is used;

(c) The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or

(d) The person against whom the defensive force is used is a peace officer, as defined in KRS 446.010, who enters or attempts to enter a dwelling, residence, or vehicle in the performance of his or her official duties, and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person entering or attempting to enter was a peace officer.

(3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force, if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a felony involving the use of force.

(4) A person who unlawfully and by force enters or attempts to enter a person's dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.

CREDIT(S)

HISTORY: 2006 c 192, § 2, eff. 7-12-06

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 503.060

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 503. General Principles of Justification (Refs & Annos)

503.060 Improper use of physical force in self-protection

Notwithstanding the provisions of KRS 503.050, the use of physical force by a defendant upon another person is not justifiable when:

(1) The defendant is resisting an arrest by a peace officer, recognized to be acting under color of official authority and using no more force than reasonably necessary to effect the arrest, although the arrest is unlawful; or

(2) The defendant, with the intention of causing death or serious physical injury to the other person, provokes the use of physical force by such other person; or

(3) The defendant was the initial aggressor, except that his use of physical force upon the other person under this circumstance is justifiable when:

(a) His initial physical force was nondeadly and the force returned by the other is such that he believes himself to be in imminent danger of death or serious physical injury; or

(b) He withdraws from the encounter and effectively communicates to the other person his intent to do so and the latter nevertheless continues or threatens the use of unlawful physical force.

CREDIT(S)

HISTORY: 1974 c 406, § 31, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 503.070

Effective: July 12, 2006

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 503. General Principles of Justification (Refs & Annos)

503.070 Protection of another

(1) The use of physical force by a defendant upon another person is justifiable when:

(a) The defendant believes that such force is necessary to protect a third person against the use or imminent use of unlawful physical force by the other person; and

(b) Under the circumstances as the defendant believes them to be, the person whom he seeks to protect would himself have been justified under KRS 503.050 and 503.060 in using such protection.

(2) The use of deadly physical force by a defendant upon another person is justifiable when:

(a) The defendant believes that such force is necessary to protect a third person against imminent death, serious physical injury, kidnapping, sexual intercourse compelled by force or threat, or other felony involving the use of force, or under those circumstances permitted pursuant to KRS 503.055; and

(b) Under the circumstances as they actually exist, the person whom he seeks to protect would himself have been justified under KRS 503.050 and 503.060 in using such protection.

(3) A person does not have a duty to retreat if the person is in a place where he or she has a right to be.

CREDIT(S)

HISTORY: 2006 c 192, § 4, eff. 7-12-06; 1974 c 406, § 32, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 503.080

Effective: July 12, 2006

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 503. General Principles of Justification (Refs & Annos)

503.080 Protection of property

(1) The use of physical force by a defendant upon another person is justifiable when the defendant believes that such force is immediately necessary to prevent:

(a) The commission of criminal trespass, robbery, burglary, or other felony involving the use of force, or under those circumstances permitted pursuant to KRS 503.055, in a dwelling, building or upon real property in his possession or in the possession of another person for whose protection he acts; or

(b) Theft, criminal mischief, or any trespassory taking of tangible, movable property in his possession or in the possession of another person for whose protection he acts.

(2) The use of deadly physical force by a defendant upon another person is justifiable under subsection (1) only when the defendant believes that the person against whom such force is used is:

(a) Attempting to dispossess him of his dwelling otherwise than under a claim of right to its possession; or

(b) Committing or attempting to commit a burglary, robbery, or other felony involving the use of force, or under those circumstances permitted pursuant to KRS 503.055, of such dwelling; or

(3) A person does not have a duty to retreat if the person is in a place where he or she has a right to be.

CREDIT(S)

HISTORY: 2006 c 192, § 5, eff. 7-12-06; 1974 c 406, § 33, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 503.085

Effective: July 12, 2006

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 503. General Principles of Justification (Refs & Annos)

503.085 Justification and criminal and civil immunity for use of permitted force; exceptions

(1) A person who uses force as permitted in KRS 503.050, 503.055, 503.070, and 503.080 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom the force was used is a peace officer, as defined in KRS 446.010, who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law, or the person using force knew or reasonably should have known that the person was a peace officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.

(2) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1) of this section, but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.

(3) The court shall award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff, if the court finds that the defendant is immune from prosecution as provided in subsection (1) of this section.

CREDIT(S)

HISTORY: 2006 c 192, § 6, eff. 7-12-06

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 503.090

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 503. General Principles of Justification (Refs & Annos)

503.090 Use of physical force in law enforcement

(1) The use of physical force by a defendant upon another person is justifiable when the defendant, acting under official authority, is making or assisting in making an arrest, and he:

(a) Believes that such force is necessary to effect the arrest;

(b) Makes known the purpose of the arrest or believes that it is otherwise known or cannot reasonably be made known to the person to be arrested; and

(2) The use of deadly physical force by a defendant upon another person is justifiable under subsection (1) only when:

(a) The defendant, in effecting the arrest, is authorized to act as a peace officer; and

(b) The arrest is for a felony involving the use or threatened use of physical force likely to cause death or serious physical injury; and

(c) The defendant believes that the person to be arrested is likely to endanger human life unless apprehended without delay.

(3) The use of physical force, including deadly physical force, by a defendant upon another person is justifiable when the defendant is preventing the escape of an arrested person and when the force could justifiably have been used to effect the arrest under which the person is in custody, except that a guard or other person authorized to act as a peace officer is justified in using any force, including deadly force, which he believes to be necessary to prevent the escape of a person from jail, prison, or other institution for the detention of persons charged with or convicted of a crime.

CREDIT(S)

HISTORY: 1974 c 406, § 34, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 503.100

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 503. General Principles of Justification (Refs & Annos)

503.100 Prevention of a suicide or crime

(1) The use of physical force by a defendant upon another person is justifiable when the defendant believes that such force is immediately necessary to prevent such other person from:

(a) Committing suicide or inflicting serious physical injury upon himself; or

(b) Committing a crime involving or threatening serious physical injury to person, substantial damage to or loss of property, or any other violent conduct.

(2) The use of deadly physical force by a defendant upon another person is justifiable under subsection (1)(b) only when the defendant believes that the person whom he seeks to prevent from committing a crime is likely to endanger human life.

(3) The limitations imposed on the justifiable use of force in self-protection by KRS 503.050 and 503.060, for the protection of others by KRS 503.070, for the protection of property by KRS 503.080, and for the effectuation of an arrest or the prevention of an escape by KRS 503.090 apply notwithstanding the criminality of the conduct against which such force is used.

CREDIT(S)

HISTORY: 1974 c 406, § 35, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 503.110

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 503. General Principles of Justification (Refs & Annos)

503.110 Use of force by person with responsibility for care, discipline, or safety of others

(1) The use of physical force by a defendant upon another person is justifiable when the defendant is a parent, guardian, or other person entrusted with the care and supervision of a minor or an incompetent person or when the defendant is a teacher or other person entrusted with the care and supervision of a minor, for a special purpose, and:

(a) The defendant believes that the force used is necessary to promote the welfare of a minor or mentally disabled person or, if the defendant's responsibility for the minor or mentally disabled person is for a special purpose, to further that special purpose or maintain reasonable discipline in a school, class, or other group; and

(b) The force that is used is not designed to cause or known to create a substantial risk of causing death, serious physical injury, disfigurement, extreme pain, or extreme mental distress.

(2) The use of physical force by a defendant upon another person is justifiable when the defendant is a warden or other authorized official of a correctional institution, and:

(a) The defendant believes that the force used is necessary for the purpose of enforcing the lawful rules of the institution;

(b) The degree of force used is not forbidden by any statute governing the administration of the institution; and

(3) The use of physical force by a defendant upon another person is justifiable when the defendant is a person responsible for the operation of or the maintenance of order in a vehicle or other carrier of passengers and the defendant believes that such force is necessary to prevent interference with its operation or to maintain order in the vehicle or other carrier, except that deadly physical force may be used only when the defendant believes it necessary to prevent death or serious physical injury.

(4) The use of physical force by a defendant upon another person is justifiable when the defendant is a doctor or other therapist or a person assisting him at his direction, and:

(a) The force is used for the purpose of administering a recognized form of treatment which the defendant believes to be adapted to promoting the physical or mental health of the patient; and

(b) The treatment is administered with the consent of the patient or, if the patient is a minor or a mentally disabled person, with the consent of the parent, guardian, or other person legally competent to consent in his behalf, or the treatment is administered in an emergency when the defendant believes that no one competent to consent can be consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent.

CREDIT(S)

HISTORY: 1982 c 141, § 135, 146, eff. 7-1-82; 1980 c 396, § 147; 1974 c 406, § 36

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 503.120

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 503. General Principles of Justification (Refs & Annos)

503.120 Justification; general provisions

(1) When the defendant believes that the use of force upon or toward the person of another is necessary for any of the purposes for which such belief would establish a justification under KRS 503.050 to 503.110 but the defendant is wanton or reckless in believing the use of any force, or the degree of force used, to be necessary or in acquiring or failing to acquire any knowledge or belief which is material to the justifiability of his use of force, the justification afforded by those sections is unavailable in a prosecution for an offense for which wantonness or recklessness, as the case may be, suffices to establish culpability.

(2) When the defendant is justified under KRS 503.050 to 503.110 in using force upon or toward the person of another, but he wantonly or recklessly injures or creates a risk of injury to innocent persons, the justification afforded by those sections is unavailable in a prosecution for an offense involving wantonness or recklessness toward innocent persons.

CREDIT(S)

HISTORY: 1974 c 406, § 37, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS T. L, Ch. 504, Refs & Annos

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 504. Responsibility

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 504.010

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 504. Responsibility (Refs & Annos)

504.010 Immaturity--Repealed

CREDIT(S)

HISTORY: 1976 c 183, § 8, eff. 6-19-76; 1974 c 406, § 38

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 504.020

Effective: July 12, 2012

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 504. Responsibility (Refs & Annos)

504.020 Mental illness or intellectual disability

(1) A person is not responsible for criminal conduct if at the time of such conduct, as a result of mental illness or intellectual disability, he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of law.

(2) As used in this chapter, the term “mental illness or intellectual disability” does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.

(3) A defendant may prove mental illness or intellectual disability, as used in this section, in exculpation of criminal conduct.

CREDIT(S)

HISTORY: 2012 c 146, § 120, eff. 7-12-12; 1988 c 283, § 8, eff. 7-15-88; 1974 c 406, § 39

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 504.030

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 504. Responsibility (Refs & Annos)

504.030 Disposition of person found not guilty by reason of insanity

(1) When a defendant is found not guilty by reason of insanity, the court shall conduct an involuntary hospitalization proceeding under KRS Chapter 202A or 202B.

(2) To facilitate the procedure established in subsection (1) of this section, the court may order the detention of the defendant for a period of ten (10) days to allow for proceedings to be initiated against the defendant for examination and possible detention pursuant to the provisions of KRS Chapter 202A or 202B.

CREDIT(S)

HISTORY: 1982 c 445, § 42, eff. 7-1-82; 1982 c 113, § 11; 1976 c 332, § 31; 1974 c 406, § 40

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 504.040

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 504. Responsibility (Refs & Annos)

504.040 Mental disease or defect; proceedings; examination--Repealed

CREDIT(S)

HISTORY: 1982 c 113, § 14, eff. 7-15-82; 1978 c 290, § 4; 1976 c 332, § 32; 1974 c 406, § 41

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 504.050

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 504. Responsibility (Refs & Annos)

504.050 Requirement of notice and examination of defendant--Repealed

CREDIT(S)

HISTORY: 1982 c 113, § 14, eff. 7-15-82; 1978 c 78, § 2; 1974 c 406, § 42

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 504.060

Effective: July 12, 2012

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 504. Responsibility (Refs & Annos)

504.060 Definitions for chapter

As used in this chapter, unless the context otherwise requires:

(1) “Department” means the Department of Corrections;

(2) “Forensic psychiatric facility” means a mental institution or facility, or part thereof, designated by the secretary of the Cabinet for Health and Family Services for the purpose and function of providing inpatient evaluation, care, and treatment for mentally ill persons or individuals with an intellectual disability who have been charged with or convicted of a felony;

(3) “Foreseeable future” means not more than three hundred sixty (360) days;

(4) “Incompetency to stand trial” means, as a result of mental condition, lack of capacity to appreciate the nature and consequences of the proceedings against one or to participate rationally in one's own defense;

(5) “Insanity” means, as a result of mental condition, lack of substantial capacity either to appreciate the criminality of one's conduct or to conform one's conduct to the requirements of law;

(6) “Mental illness” means substantially impaired capacity to use self-control, judgment, or discretion in the conduct of one's affairs and social relations, associated with maladaptive behavior or recognized emotional symptoms where impaired capacity, maladaptive behavior, or emotional symptoms can be related to physiological, psychological, or social factors;

(7) “Individual with an intellectual disability” means an individual with significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period and is a condition which may exist concurrently with mental illness or insanity;

(8) “Psychiatrist” means a physician licensed pursuant to KRS Chapter 311 who is certified or eligible to apply for certification by the American Board of Psychiatry and Neurology, Inc.;

(9) “Psychologist” means a person licensed at the doctoral level pursuant to KRS Chapter 319 who has been designated by the Kentucky Board of Examiners of Psychology as competent to perform examinations;

(10) “Treatment” means medication or counseling, therapy, psychotherapy, and other professional services provided by or at the direction of psychologists or psychiatrists. “Treatment” shall not include electroshock therapy or psychosurgery; and

(11) “Treatment facility” means an institution or part thereof, approved by the Cabinet for Health and Family Services, which provides evaluation, care, and treatment for insane or mentally ill persons or individuals with an intellectual disability on an inpatient or outpatient basis, or both.

CREDIT(S)

HISTORY: 2012 c 146, § 121, eff. 7-12-12; 2005 c 99, § 653, eff. 6-20-05; 1998 c 426, § 605, eff. 7-15-98; 1992 c 211, § 131, eff. 7-14-92; 1988 c 139, § 15; 1986 c 331, § 57; 1982 c 113, § 1

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 504.070

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 504. Responsibility (Refs & Annos)

504.070 Evidence by defendant of mental illness or insanity; examination by psychologist or psychiatrist by court appointment; rebuttal by prosecution

(1) A defendant who intends to introduce evidence of his mental illness or insanity at the time of the offense shall file written notice of his intention at least twenty (20) days before trial.

(2) The prosecution shall be granted reasonable time to move for examination of the defendant, or the court may order an examination on its own motion.

(3) If the court orders an examination, it shall appoint at least one (1) psychologist or psychiatrist to examine, treat and report on the defendant's mental condition. If it appears the examination will not be completed before the trial date, the court may, on its own motion or on motion of either party, postpone the trial date until after the examination.

(4) No less than ten (10) days before trial, the prosecution shall file the names and addresses of witnesses it proposes to offer in rebuttal along with reports prepared by its witnesses.

CREDIT(S)

HISTORY: 1982 c 113, § 2, eff. 7-15-82

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 504.080

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 504. Responsibility (Refs & Annos)

504.080 Commitment to facility for examination; persons to be present at hearing; termination of criminal proceedings not bar to civil proceedings

(1) A court may commit a defendant to a treatment facility or forensic psychiatric facility for up to thirty (30) days so that a psychologist or psychiatrist can examine, treat, and report on the defendant's mental condition, except that if the defendant is charged with a felony and it is determined that inpatient examination or treatment is required, the defendant shall be committed to a forensic psychiatric facility unless the secretary of the Cabinet for Health and Family Services or the secretary's designee determines that the defendant shall be examined and treated in another Cabinet for Health and Family Services facility.

(2) Reports on a defendant's mental condition prepared under this chapter shall be filed within ten (10) days of the examination.

(3) The defendant shall be present at any hearing on his mental condition unless he waives his right to be present.

(4) The examining psychologist or psychiatrist shall appear at any hearing on defendant's mental condition unless the defendant waives his right to have him appear.

(5) A psychologist or psychiatrist retained by the defendant shall be permitted to participate in any examination under this chapter.

(6) The Cabinet for Health and Family Services, if the cabinet or its agent or employee does not provide the examination, shall pay a reasonable fee to any psychologist or psychiatrist ordered to examine, treat, and report on a defendant's mental condition.

(7) The termination of criminal proceedings under this chapter is not a bar to the institution of civil commitment proceedings.

CREDIT(S)

HISTORY: 2005 c 99, § 654, eff. 6-20-05; 1998 c 426, § 606, eff. 7-15-98; 1988 c 139, § 16, eff. 7-15-88; 1982 c 113, § 3

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 504.085

Effective: July 12, 2012

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 504. Responsibility (Refs & Annos)

504.085 Facility's standing to petition for clarification or modification and to appeal

A forensic psychiatric facility or psychiatric facility as those terms are defined in KRS 202A.011 shall have standing to petition the court for any necessary clarification or modification of orders or judgments entered in proceedings under this chapter and to appeal from final orders or judgments entered in proceedings which have not complied with the provisions of this chapter. A copy shall be sent to the mentally ill person or individual with an intellectual disability who has been charged with or convicted of a felony and to the person's attorney of record, if any, of whatever pleadings are filed by the forensic psychiatric facility or psychiatric facility.

CREDIT(S)

HISTORY: 2012 c 146, § 122, eff. 7-12-12; 1994 c 498, § 14, eff. 7-15-94

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 504.090

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 504. Responsibility (Refs & Annos)

504.090 Incompetent defendant not to be tried

No defendant who is incompetent to stand trial shall be tried, convicted or sentenced so long as the incompetency continues.

CREDIT(S)

HISTORY: 1982 c 113, § 4, eff. 7-15-82

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 504.100

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 504. Responsibility (Refs & Annos)

504.100 Appointment by court of psychologist or psychiatrist during proceedings

(1) If upon arraignment, or during any stage of the proceedings, the court has reasonable grounds to believe the defendant is incompetent to stand trial, the court shall appoint at least one (1) psychologist or psychiatrist to examine, treat and report on the defendant's mental condition.

(2) The report of the psychologist or psychiatrist shall state whether or not he finds the defendant incompetent to stand trial. If he finds the defendant is incompetent, the report shall state:

(a) Whether there is a substantial probability of his attaining competency in the foreseeable future; and

(b) What type treatment and what type treatment facility the examiner recommends.

(3) After the filing of a report (or reports), the court shall hold a hearing to determine whether or not the defendant is competent to stand trial.

CREDIT(S)

HISTORY: 1982 c 113, § 5, eff. 7-15-82

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 504.110

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 504. Responsibility (Refs & Annos)

504.110 Alternative handling of defendant depending on whether he is competent or incompetent to stand trial

(1) If the court finds the defendant incompetent to stand trial but there is a substantial probability he will attain competency in the foreseeable future, it shall commit the defendant to a treatment facility or a forensic psychiatric facility and order him to submit to treatment for sixty (60) days or until the psychologist or psychiatrist treating him finds him competent, whichever occurs first, except that if the defendant is charged with a felony, he shall be committed to a forensic psychiatric facility unless the secretary of the Cabinet for Health and Family Services or the secretary's designee determines that the defendant shall be treated in another Cabinet for Health and Family Services facility. Within ten (10) days of that time, the court shall hold another hearing to determine whether or not the defendant is competent to stand trial.

(2) If the court finds the defendant incompetent to stand trial but there is no substantial probability he will attain competency in the foreseeable future, it shall conduct an involuntary hospitalization proceeding under KRS Chapter 202A or 202B.

(3) If the court finds the defendant competent to stand trial, the court shall continue the proceedings against the defendant.

CREDIT(S)

HISTORY: 2005 c 99, § 655, eff. 6-20-05; 1998 c 426, § 607, eff. 7-15-98; 1988 c 139, § 17, eff. 7-15-88; 1982 c 113, § 6

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 504.120

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 504. Responsibility (Refs & Annos)

504.120 Verdicts of jury

In cases in which the defendant provides evidence at trial of his mental illness or insanity at the time of the offense, the jury or court may find the defendant:

(1) Guilty;

(2) Not guilty;

(3) Not guilty by reason of insanity at the time of the offense; or

(4) Guilty but mentally ill at the time of the offense.

CREDIT(S)

HISTORY: 1982 c 113, § 7, eff. 7-15-82

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 504.130

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 504. Responsibility (Refs & Annos)

504.130 Grounds for finding defendant guilty but mentally ill

(1) The defendant may be found guilty but mentally ill if:

(a) The prosecution proves beyond a reasonable doubt that the defendant is guilty of an offense; and

(b) The defendant proves by a preponderance of the evidence that he was mentally ill at the time of the offense.

(2) If the defendant waives his right to trial, the court may accept a plea of guilty but mentally ill if it finds that the defendant was mentally ill at the time of the offense.

CREDIT(S)

HISTORY: 1982 c 113, § 8, eff. 7-15-82

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 504.140

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 504. Responsibility (Refs & Annos)

504.140 Examination before sentencing

If a defendant is found guilty but mentally ill, the court may appoint at least one (1) psychologist or psychiatrist to examine, treat and report on the defendant's mental condition at the time of sentencing.

CREDIT(S)

HISTORY: 1988 c 139, § 18, eff. 7-15-88; 1982 c 113, § 9

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 504.150

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 504. Responsibility (Refs & Annos)

504.150 Sentence for person found guilty but mentally ill

(1) The court shall sentence a defendant found guilty but mentally ill at the time of the offense to the local jail or to the Department of Corrections in the same manner as a defendant found guilty. If the defendant is found guilty but mentally ill, treatment shall be provided the defendant until the treating professional determines that the treatment is no longer necessary or until expiration of his sentence, whichever occurs first.

(2) Treatment shall be a condition of probation, shock probation, conditional discharge, parole, or conditional release so long as the defendant requires treatment for his mental illness in the opinion of his treating professional.

CREDIT(S)

HISTORY: 1992 c 211, § 132, eff. 7-14-92; 1988 c 139, § 19; 1982 c 113, § 10

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS T. L, Ch. 505, Refs & Annos

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 505. Protection Against Unfair or Oppressive Prosecution

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 505.010

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 505. Protection Against Unfair or Oppressive Prosecution (Refs & Annos)

505.010 Entrapment

(1) A person is not guilty of an offense arising out of proscribed conduct when:

(a) He was induced or encouraged to engage in that conduct by a public servant or by a person acting in cooperation with a public servant seeking to obtain evidence against him for the purpose of criminal prosecution; and

(b) At the time of the inducement or encouragement, he was not otherwise disposed to engage in such conduct.

(2) The relief afforded by subsection (1) is unavailable when:

(a) The public servant or the person acting in cooperation with a public servant merely affords the defendant an opportunity to commit an offense; or

(b) The offense charged has physical injury or the threat of physical injury as one (1) of its elements and the prosecution is based on conduct causing or threatening such injury to a person other than the person perpetrating the entrapment.

(3) The relief provided a defendant by subsection (1) is a defense.

CREDIT(S)

HISTORY: 1974 c 406, § 43, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 505.020

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 505. Protection Against Unfair or Oppressive Prosecution (Refs & Annos)

505.020 Prosecution for multiple offenses

(1) When a single course of conduct of a defendant may establish the commission of more than one (1) offense, he may be prosecuted for each such offense. He may not, however, be convicted of more than one (1) offense when:

(a) One offense is included in the other, as defined in subsection (2); or

(b) Inconsistent findings of fact are required to establish the commission of the offenses; or

(c) The offense is designed to prohibit a continuing course of conduct and the defendant's course of conduct was uninterrupted by legal process, unless the law expressly provides that specific periods of such conduct constitute separate offenses.

(2) A defendant may be convicted of an offense that is included in any offense with which he is formally charged. An offense is so included when:

(a) It is established by proof of the same or less than all the facts required to establish the commission of the offense charged; or

(b) It consists of an attempt to commit the offense charged or to commit an offense otherwise included therein; or

(c) It differs from the offense charged only in the respect that a lesser kind of culpability suffices to establish its commission; or

(d) It differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property or public interest suffices to establish its commission.

CREDIT(S)

HISTORY: 1974 c 406, § 44, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 505.030

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 505. Protection Against Unfair or Oppressive Prosecution (Refs & Annos)

505.030 Effect of former prosecution for same offense

When a prosecution is for a violation of the same statutory provision and is based upon the same facts as a former prosecution, it is barred by the former prosecution under the following circumstances:

(1) The former prosecution resulted in:

(a) An acquittal, or

(b) A conviction which has not subsequently been set aside; or

(2) The former prosecution resulted in a determination by the court that there was insufficient evidence to warrant a conviction; or

(3) The former prosecution was terminated by a final order or judgment, which has not subsequently been set aside, and which required a determination inconsistent with any fact or legal proposition necessary to a conviction in the subsequent prosecution; or

(4) The former prosecution was improperly terminated after the first witness was sworn but before findings were rendered by a trier of fact. Termination under either of the following circumstances is not improper:

(a) The defendant expressly consents to the termination or by motion for mistrial or in some other manner waives his right to object to the termination; or

(b) The trial court, in exercise of its discretion, finds that the termination is manifestly necessary.

CREDIT(S)

HISTORY: 1974 c 406, § 45, eff. 1-1-75

VALIDITY

This section has been held unconstitutional in the case of Cardine v. Com. (Ky. 2009) 283 S.W.3d 641, rehearing denied, certiorari denied 130 S.Ct. 1879, 176 L.Ed.2d 399.

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 505.040

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 505. Protection Against Unfair or Oppressive Prosecution (Refs & Annos)

505.040 Effects of former prosecution for different offenses

Although a prosecution is for a violation of a different statutory provision from a former prosecution or for a violation of the same provision but based on different facts, it is barred by the former prosecution under the following circumstances:

(1) The former prosecution resulted in an acquittal, a conviction which has not subsequently been set aside, or a determination that there was insufficient evidence to warrant a conviction, and the subsequent prosecution is for:

(a) An offense of which the defendant could have been convicted at the first prosecution; or

(b) An offense involving the same conduct as the first prosecution, unless each prosecution requires proof of a fact not required in the other prosecution or unless the offense was not consummated when the former prosecution began; or

(2) The former prosecution was terminated by a final order or judgment which has not subsequently been set aside and which required a determination inconsistent with any fact necessary to a conviction in the subsequent prosecution; or

(3) The former prosecution was improperly terminated, as that term is used in subsection (4) of KRS 505.030, and the subsequent prosecution is for an offense of which the defendant could have been convicted had the former prosecution not been improperly terminated.

CREDIT(S)

HISTORY: 1974 c 406, § 46, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 505.050

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 505. Protection Against Unfair or Oppressive Prosecution (Refs & Annos)

505.050 Effects of former prosecution in another jurisdiction

When conduct constitutes an offense within the concurrent jurisdiction of this state and of the United States or another state, a prosecution in such other jurisdiction is a bar to a subsequent prosecution in this state under the following circumstances:

(a) Each prosecution requires proof of a fact not required in the other prosecution; or

(b) The offense involved in the subsequent prosecution was not consummated when the former prosecution began; or

(2) The former prosecution was terminated in a final order or judgment which has not subsequently been set aside and which required a determination inconsistent with any fact necessary to a conviction in the subsequent prosecution.

CREDIT(S)

HISTORY: 1974 c 406, § 47, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 505.060

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 505. Protection Against Unfair or Oppressive Prosecution (Refs & Annos)

505.060 Effects of fraudulent prosecution or lack of jurisdiction

A prosecution is not barred, as provided in KRS 505.030, 505.040 and 505.050 if the former prosecution:

(1) Was procured by the defendant without the knowledge of the proper prosecuting officer and with the purpose of avoiding the sentence which otherwise might be imposed; or

(2) Was before a court which lacked jurisdiction over the defendant or the offense.

CREDIT(S)

HISTORY: 1974 c 406, § 48, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS T. L, Ch. 506, Refs & Annos

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 506. Inchoate Offenses

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 506.010

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 506. Inchoate Offenses (Refs & Annos)

506.010 Criminal attempt

(1) A person is guilty of criminal attempt to commit a crime when, acting with the kind of culpability otherwise required for commission of the crime, he:

(a) Intentionally engages in conduct which would constitute the crime if the attendant circumstances were as he believes them to be; or

(b) Intentionally does or omits to do anything which, under the circumstances as he believes them to be, is a substantial step in a course of conduct planned to culminate in his commission of the crime.

(2) Conduct shall not be held to constitute a substantial step under subsection (1)(b) unless it is an act or omission which leaves no reasonable doubt as to the defendant's intention to commit the crime which he is charged with attempting.

(3) A person is guilty of criminal attempt to commit a crime when he engages in conduct intended to aid another person to commit that crime, although the crime is not committed or attempted by the other person, provided that his conduct would establish complicity under KRS 502.020 if the crime were committed by the other person.

(4) A criminal attempt is a:

(a) Class C felony when the crime attempted is a violation of KRS 521.020 or 521.050;

(b) Class B felony when the crime attempted is a Class A felony or capital offense;

(d) Class A misdemeanor when the crime attempted is a Class C or D felony;

(e) Class B misdemeanor when the crime attempted is a misdemeanor.

CREDIT(S)

HISTORY: 1994 c 477, § 2, eff. 7-15-94; 1974 c 406, § 49, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 506.020

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 506. Inchoate Offenses (Refs & Annos)

506.020 Criminal attempt; defense of renunciation

(1) In any prosecution for criminal attempt to commit a crime, it is a defense that, under circumstances manifesting a voluntary and complete renunciation of his criminal purpose, the defendant abandoned his effort to commit the crime and, if mere abandonment was insufficient to avoid the commission of the crime, took the necessary affirmative steps to prevent its commission.

(2) A renunciation is not “voluntary and complete” within the meaning of this section if it is motivated in whole or in part by:

(a) A belief that circumstances exist which pose a particular threat of apprehension or detection of the accused or another participant in the criminal enterprise or which render more difficult the accomplishment of the criminal purpose; or

(b) A decision to postpone the criminal conduct until another time or to transfer the criminal effort to another victim or another but similar object.

CREDIT(S)

HISTORY: 1974 c 406, § 50, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 506.030

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 506. Inchoate Offenses (Refs & Annos)

506.030 Criminal solicitation

(1) A person is guilty of criminal solicitation when, with the intent of promoting or facilitating the commission of a crime, he commands or encourages another person to engage in specific conduct which would constitute that crime or an attempt to commit that crime or which would establish the other's complicity in its commission or attempted commission.

(2) A criminal solicitation is a:

(a) Class C felony when the crime solicited is a violation of KRS 521.020 or 521.050;

(b) Class B felony when the crime solicited is a Class A felony or capital offense;

(d) Class A misdemeanor when the crime solicited is a Class C or D felony;

(e) Class B misdemeanor when the crime solicited is a misdemeanor.

CREDIT(S)

HISTORY: 1994 c 477, § 3, eff. 7-15-94; 1974 c 406, § 51, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 506.040

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 506. Inchoate Offenses (Refs & Annos)

506.040 Criminal conspiracy

(1) A person having the intention of promoting or facilitating the commission of a crime is guilty of criminal conspiracy when he:

(a) Agrees with one (1) or more persons that at least one (1) of them will engage in conduct constituting that crime or an attempt or solicitation to commit such a crime; or

(b) Agrees to aid one or more persons in the planning or commission of that crime or an attempt or solicitation to commit such a crime.

(2) Except as provided in a specific statute to the contrary, a criminal conspiracy is a:

(a) Class C felony when the conspiratorial agreement is a violation of KRS 521.020 or 521.050;

(b) Class B felony when the object of the conspiratorial agreement is a Class A felony or capital offense;

(d) Class A misdemeanor when the object of the conspiratorial agreement is a Class C or D felony;

(e) Class B misdemeanor when the object of the conspiratorial agreement is a misdemeanor.

CREDIT(S)

HISTORY: 1994 c 477, § 4, eff. 7-15-94; 1992 c 441, § 25, eff. 7-14-92; 1988 c 181, § 2; 1974 c 406, § 52

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 506.050

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 506. Inchoate Offenses (Refs & Annos)

506.050 Conspiracy; general provisions

(1) No person may be convicted of conspiracy to commit a crime unless an overt act in furtherance of the conspiracy is alleged and proved to have been committed by one (1) of the conspirators.

(2) A person who conspires to commit more than one (1) crime, all of which are the object of the same agreement or continuous conspiratorial relationship, is guilty of only one (1) conspiracy. The classification of this crime under subsection (2) of KRS 506.040 shall be determined by the most serious offense which he is found guilty of conspiring to commit.

(3) If a person guilty of conspiracy, as defined by KRS 506.040, knows that a person with whom he conspires to commit a crime has conspired with another person or persons to commit the same crime, he is guilty of conspiring to commit the crime with the other person or persons, whether or not he knows their identity.

(4) No person may be convicted of conspiracy to commit a crime when an element of that crime is agreement with the person with whom he is alleged to have conspired or when that crime is so defined that his conduct is an inevitable incident to its commission.

CREDIT(S)

HISTORY: 1974 c 406, § 53, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 506.060

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 506. Inchoate Offenses (Refs & Annos)

506.060 Criminal solicitation or conspiracy; defense of renunciation

(1) In any prosecution for criminal solicitation or criminal conspiracy in which the crime solicited or the crime contemplated by the conspiracy was not in fact committed, it is a defense that, under circumstances manifesting a voluntary and complete renunciation of his criminal purpose, the defendant prevented the commission of the crime.

(2) A renunciation is not “voluntary and complete” within the meaning of this section when it is motivated in whole or in part by:

(b) A decision to postpone the criminal conduct until another time or to transfer the criminal effort to another victim or another but similar object.

CREDIT(S)

HISTORY: 1974 c 406, § 54, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 506.070

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 506. Inchoate Offenses (Refs & Annos)

506.070 Incapacity of solicitee or co-conspirator

(1) It is no defense to a prosecution for criminal solicitation that the person solicited could not be guilty of the crime solicited because of:

(a) Criminal irresponsibility or other legal incapacity or exemption; or

(b) Unawareness of the criminal nature of the conduct solicited or of the defendant's criminal purpose; or

(2) It is no defense to a prosecution for criminal conspiracy that a co-conspirator could not be guilty of the conspiracy or the crime contemplated by the conspiracy because of:

(a) Criminal irresponsibility or other legal incapacity or exemption; or

(b) Unawareness of the criminal nature of the conspiracy or the conduct contemplated by the conspiracy or of the defendant's criminal purpose; or

(c) Any other factor precluding the mental state required for the commission of the conspiracy or the crime contemplated by the conspiracy.

(3) A defendant cannot be convicted of conspiracy if all of his co-conspirators have been acquitted or discharged under circumstances amounting to an acquittal.

CREDIT(S)

HISTORY: 1974 c 406, § 55, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 506.080

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 506. Inchoate Offenses (Refs & Annos)

506.080 Criminal facilitation

(1) A person is guilty of criminal facilitation when, acting with knowledge that another person is committing or intends to commit a crime, he engages in conduct which knowingly provides such person with means or opportunity for the commission of the crime and which in fact aids such person to commit the crime.

(2) Criminal facilitation is a:

(a) Class D felony when the crime facilitated is a Class A or Class B felony or capital offense;

(b) Class A misdemeanor when the crime facilitated is a Class C or Class D felony;

CREDIT(S)

HISTORY: 1974 c 406, § 56, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 506.090

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 506. Inchoate Offenses (Refs & Annos)

506.090 Criminal facilitation; no defense

In any prosecution for criminal facilitation, it is no defense that:

(1) The person facilitated could not be guilty of the crime facilitated because of criminal irresponsibility or other legal incapacity or exemption, unawareness of the criminal nature of the conduct facilitated, or any other factor precluding the mental state required for commission of the crime facilitated; or

(2) The person facilitated has not been prosecuted for or convicted of the crime facilitated, or has been convicted of a different crime, or has an immunity to prosecution or conviction for such conduct; or

(3) The crime facilitated can be committed only by a particular class or classes of persons, and the accused, not belonging to such class or classes, is for that reason legally incapable of committing the crime in an individual capacity.

CREDIT(S)

HISTORY: 1974 c 406, § 57, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 506.100

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 506. Inchoate Offenses (Refs & Annos)

506.100 Criminal facilitation; exemptions

A person is not guilty of criminal facilitation when:

(1) The crime facilitated is so defined that his conduct is inevitably incident to its commission; or

(2) Prior to the commission of the crime facilitated he makes a substantial effort to prevent the commission of that crime.

CREDIT(S)

HISTORY: 1974 c 406, § 58, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 506.110

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 506. Inchoate Offenses (Refs & Annos)

506.110 Multiple convictions

(1) A person may not be convicted on the basis of the same course of conduct of both the actual commission of a crime and:

(a) A criminal attempt to commit that crime; or

(b) A criminal solicitation of that crime; or

(d) A conspiracy to commit that crime, except as provided in subsection (2) of this section.

(2) A person may be convicted on the basis of the same course of conduct of both the actual commission of a crime and a conspiracy to commit that crime when the conspiracy from which the consummated crime resulted had as an objective of the conspiratorial relationship the commission of more than one (1) crime.

(3) A person may not be convicted of more than one (1) of the offenses defined in KRS 506.010, 506.030, 506.040 and 506.080 for a single course of conduct designed to consummate in the commission of the same crime.

CREDIT(S)

HISTORY: 1974 c 406, § 59, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 506.120

Effective: June 25, 2009

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 506. Inchoate Offenses (Refs & Annos)

506.120 Engaging in organized crime

(1) A person, with the purpose to establish or maintain a criminal syndicate or to facilitate any of its activities, shall not do any of the following:

(a) Organize or participate in organizing a criminal syndicate or any of its activities;

(b) Provide material aid to a criminal syndicate or any of its activities, whether such aid is in the form of money or other property, or credit;

(d) Knowingly furnish legal, accounting, or other managerial services to a criminal syndicate;

(e) Commit, or conspire or attempt to commit, or act as an accomplice in the commission of, any offense of a type in which a criminal syndicate engages on a continuing basis;

(f) Commit, or conspire or attempt to commit or act as an accomplice in the commission of, any offense of violence;

(g) Commit, or conspire or attempt to commit, or act as an accomplice in the commission of bribery in violation of KRS Chapters 518 or 521, or KRS 119.205, 121.025, 121.055, 524.070, 156.465, 45A.340, 63.090, 6.080, 18A.145, or 244.600;

(h) Commit, or conspire or attempt to commit, or act as an accomplice in the commission of more than one (1) theft of retail merchandise with the intent to resell the stolen merchandise; or

(i) Acquire stolen retail merchandise for the purpose of reselling it where the person knew or should have known that the merchandise had been stolen.

(2) Whoever violates this section is guilty of engaging in organized crime, which shall be a Class B felony, unless the offense involves only the theft or acquisition of retail merchandise for the purpose of reselling it, in which case it shall be a Class C felony.

(3) As used in this section “criminal syndicate” means five (5) or more persons, or, in cases of merchandise theft from a retail store for the purpose of reselling the stolen merchandise, two (2) or more persons, collaborating to promote or engage in any of the following on a continuing basis:

(a) Extortion or coercion in violation of KRS 514.080 or 521.020;

(b) Engaging in, promoting, or permitting prostitution or human trafficking in violation of KRS Chapter 529;

(d) Any gambling offense as defined in KRS 411.090, KRS Chapter 528, or Section 226 of the Constitution;

(e) Illegal trafficking in controlled substances as prohibited by KRS Chapter 218A, in intoxicating or spirituous liquor as defined in KRS Chapters 242 or 244, or in destructive devices or booby traps as defined in KRS Chapter 237; or

(f) Lending at usurious interest, and enforcing repayment by illegal means in violation of KRS Chapter 360.

CREDIT(S)

HISTORY: 2009 c 106, § 15, eff. 6-25-09; 2007 c 19, § 3, eff. 6-26-07; 2000 c 417, § 16, eff. 12-1-00; 1998 c 121, § 37, eff. 7-15-98; 1982 c 448, § 72, eff. 7-15-82; 1980 c 188, § 306; 1978 c 321, § 1

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 506.130

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 506. Inchoate Offenses (Refs & Annos)

Criminal Gang Activity

506.130 Engaging in furtherance of criminal gang activity; enhancement of penalty--Repealed

CREDIT(S)

HISTORY: 2000 c 431, § 3, eff. 7-14-00; 1998 c 606, § 82, eff. 7-15-98

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 506.140

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 506. Inchoate Offenses (Refs & Annos)

Criminal Gang Activity

506.140 Criminal gang recruitment; definitions for chapter

(1) A person is guilty of criminal gang recruitment when he solicits or entices another person to join a criminal gang, or intimidates or threatens another person because the other person:

(a) Refuses to join a criminal gang;

(b) Has withdrawn or is attempting to withdraw from a criminal gang; or

(2) As used in this chapter:

(a) “Criminal gang” means any alliance, network, or conspiracy, in law or in fact, of five (5) or more persons with an established hierarchy that, through its membership or through the action of any member, engages in a continuing pattern of criminal activity. “Criminal gang” shall not include fraternal organizations, unions, corporations, associations, or similar entities, unless organized for the primary purpose of engaging in criminal activity.

(b) “Continuing pattern of criminal activity” means a conviction by any member or members of a criminal gang for the commission, attempt, or solicitation of two (2) or more felony offenses, the commission of two (2) or more violent misdemeanor offenses, or a combination of at least one (1) of these felony offenses and one (1) of these violent misdemeanor offenses, on separate occasions within a two (2) year period for the purpose of furthering gang activity.

(3) Criminal gang recruitment is a Class A misdemeanor for the first offense and a Class D felony for a second or subsequent offense.

CREDIT(S)

HISTORY: 2000 c 431, § 1, eff. 7-14-00; 1998 c 606, § 83, eff. 7-15-98

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 506.150

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 506. Inchoate Offenses (Refs & Annos)

Criminal Gang Activity

506.150 Criminal gang activity or recruitment; actions not constituting defenses

(1) To establish the existence of a “criminal gang” as defined in KRS 506.140, any competent evidence that is probative of the existence of or membership in a criminal gang shall be admissible, including the following:

(a) Self-proclamation;

(b) A common name, insignia, flag, or means of recognition;

(d) A common identifying mode, style, or color of dress;

(e) An identifying tattoo or body marking;

(f) Membership, age, or other qualifications;

(g) Creed of belief;

(h) An organizational or command structure, overt or covert;

(i) A de facto claim of territory or jurisdiction;

(j) An initiation ritual;

(k) A concentration or specialty; or

(l) A method of operation or criminal enterprise.

(2) It is no defense to prosecution under KRS 506.140 that:

(a) One (1) or more members of the gang are not criminally responsible for the offense;

(b) One (1) or more members of the gang have been acquitted, have not been prosecuted or convicted, have been convicted of a different offense, or are under prosecution;

(d) The participants may not know each other's identity;

(e) The membership in the criminal gang may change from time to time; or

(f) The participants may stand in a wholesaler-retailer or other arm's length arrangement in the conduct of illicit distribution or other operations.

(3) Once the initial combination of five (5) or more persons is formed, the number or identity of persons remaining in the gang is immaterial as long as four (4) or more persons in the gang, excluding the defendant, are involved in a continuing pattern of criminal activity as defined in KRS 506.140 constituting a violation of KRS 506.140.

CREDIT(S)

HISTORY: 2000 c 431, § 2, eff. 7-14-00; 1998 c 606, § 84, eff. 7-15-98

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS T. L, Ch. 507, Refs & Annos

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 507. Criminal Homicide

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 507.010

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 507. Criminal Homicide (Refs & Annos)

507.010 Definitions

A person is guilty of criminal homicide when he causes the death of another human being under circumstances which constitute murder, manslaughter in the first degree, manslaughter in the second degree, or reckless homicide.

CREDIT(S)

HISTORY: 1974 c 406, § 60, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 507.020

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 507. Criminal Homicide (Refs & Annos)

507.020 Murder

(1) A person is guilty of murder when:

(a) With intent to cause the death of another person, he causes the death of such person or of a third person; except that in any prosecution a person shall not be guilty under this subsection if he acted under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse, the reasonableness of which is to be determined from the viewpoint of a person in the defendant's situation under the circumstances as the defendant believed them to be. However, nothing contained in this section shall constitute a defense to a prosecution for or preclude a conviction of manslaughter in the first degree or any other crime; or

(b) Including, but not limited to, the operation of a motor vehicle under circumstances manifesting extreme indifference to human life, he wantonly engages in conduct which creates a grave risk of death to another person and thereby causes the death of another person.

(2) Murder is a capital offense.

CREDIT(S)

HISTORY: 1984 c 165, § 26, eff. 7-13-84; 1976 ex s, c 15, § 1; 1976 c 183, § 1; 1974 c 406, § 61

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 507.030

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 507. Criminal Homicide (Refs & Annos)

507.030 Manslaughter in the first degree

(1) A person is guilty of manslaughter in the first degree when:

(a) With intent to cause serious physical injury to another person, he causes the death of such person or of a third person; or

(b) With intent to cause the death of another person, he causes the death of such person or of a third person under circumstances which do not constitute murder because he acts under the influence of extreme emotional disturbance, as defined in subsection (1)(a) of KRS 507.020.

(2) Manslaughter in the first degree is a Class B felony.

CREDIT(S)

HISTORY: 1974 c 406, § 62, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 507.040

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 507. Criminal Homicide (Refs & Annos)

507.040 Manslaughter in the second degree

(1) A person is guilty of manslaughter in the second degree when he wantonly causes the death of another person, including, but not limited to, situations where the death results from the person's:

(a) Operation of a motor vehicle; or

(b) Leaving a child under the age of eight (8) years in a motor vehicle under circumstances which manifest an extreme indifference to human life and which create a grave risk of death to the child, thereby causing the death of the child.

(2) Manslaughter in the second degree is a Class C felony.

CREDIT(S)

HISTORY: 2000 c 521, § 18, eff. 7-14-00; 1984 c 165, § 27, eff. 7-13-84; 1974 c 406, § 63

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 507.050

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 507. Criminal Homicide (Refs & Annos)

507.050 Reckless homicide

(1) A person is guilty of reckless homicide when, with recklessness he causes the death of another person.

(2) Reckless homicide is a Class D felony.

CREDIT(S)

HISTORY: 1974 c 406, § 64, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 507A.010

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 507A. Fetal Homicide

507A.010 Definitions; exceptions

(1) As used in this chapter:

(a) “Abortion” has the same meaning as in KRS 311.720;

(b) “Health care provider” has the same meaning as in KRS 304.17A-005; and

(c) “Unborn child” means a member of the species homo sapiens in utero from conception onward, without regard to age, health, or condition of dependency.

(2) In a prosecution for the death of an unborn child, nothing in this chapter shall apply to acts performed by or at the direction of a health care provider that cause the death of an unborn child if those acts were committed:

(a) During any abortion for which the consent of the pregnant woman has been obtained or for which the consent is implied by law in a medical emergency; or

(b) As part of or incident to diagnostic testing or therapeutic medical or fertility treatment, provided that the acts were performed with that degree of care and skill which an ordinarily careful, skilled, and prudent health care provider or a person acting under the provider's direction would exercise under the same or similar circumstances.

(3) Nothing in this chapter shall apply to any acts of a pregnant woman that caused the death of her unborn child.

CREDIT(S)

HISTORY: 2004 c 1, § 1, eff. 2-20-04

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 507A.020

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 507A. Fetal Homicide

507A.020 Fetal homicide in the first degree

(1) A person is guilty of fetal homicide in the first degree when:

(a) With intent to cause the death of an unborn child or with the intent necessary to commit an offense under KRS 507.020(1)(a), he causes the death of an unborn child; except that in any prosecution, a person shall not be guilty under this subsection if he acted under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse, the reasonableness of which is to be determined from the viewpoint of a person in the defendant's situation under the circumstances as the defendant believed them to be. However, nothing contained in this section shall constitute a defense to a prosecution for or preclude a conviction of fetal homicide in the second degree or any other crime; or

(b) Including but not limited to the operation of a motor vehicle under circumstances manifesting extreme indifference to human life, he wantonly engages in conduct which creates a grave risk of death to an unborn child and thereby causes the death of an unborn child.

(2) Fetal homicide in the first degree is a capital offense.

CREDIT(S)

HISTORY: 2004 c 1, § 2, eff. 2-20-04

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 507A.030

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 507A. Fetal Homicide

507A.030 Fetal homicide in the second degree

(1) A person is guilty of fetal homicide in the second degree when:

(a) With intent to cause serious physical injury to an unborn child or with the intent necessary to commit an offense under KRS 507.030(1)(a), he causes the death of an unborn child; or

(b) With intent to cause the death of an unborn child or with the intent necessary to commit an offense under KRS 507.030(1)(b), he causes the death of an unborn child under circumstances which do not constitute fetal homicide in the first degree because he acts under the influence of extreme emotional disturbance, as defined in KRS 507A.020(1)(a).

(2) Fetal homicide in the second degree is a Class B felony.

CREDIT(S)

HISTORY: 2004 c 1, § 3, eff. 2-20-04

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 507A.040

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 507A. Fetal Homicide

507A.040 Fetal homicide in the third degree

(1) A person is guilty of fetal homicide in the third degree when he wantonly causes the death of an unborn child, including but not limited to situations where the death results from the person's operation of a motor vehicle.

(2) Fetal homicide in the third degree is a Class C felony.

CREDIT(S)

HISTORY: 2004 c 1, § 4, eff. 2-20-04

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 507A.050

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 507A. Fetal Homicide

507A.050 Fetal homicide in the fourth degree

(1) A person is guilty of fetal homicide in the fourth degree when, with recklessness, he causes the death of an unborn child.

(2) Fetal homicide in the fourth degree is a Class D felony.

CREDIT(S)

HISTORY: 2004 c 1, § 5, eff. 2-20-04

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 507A.060

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 507A. Fetal Homicide

507A.060 Death sentence prohibited

The death of an unborn child shall not result in the imposition of a sentence of death, either as a result of the violation of KRS 507A.020 or as a result of the aggravation of another capital offense under KRS 532.025(2).

CREDIT(S)

HISTORY: 2004 c 1, § 6, eff. 2-20-04

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS T. L, Ch. 508, Refs & Annos

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 508. Assault and Related Offenses

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 508.010

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 508. Assault and Related Offenses (Refs & Annos)

508.010 Assault in the first degree

(1) A person is guilty of assault in the first degree when:

(a) He intentionally causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument; or

(b) Under circumstances manifesting extreme indifference to the value of human life he wantonly engages in conduct which creates a grave risk of death to another and thereby causes serious physical injury to another person.

(2) Assault in the first degree is a Class B felony.

CREDIT(S)

HISTORY: 1974 c 406, § 65, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 508.020

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 508. Assault and Related Offenses (Refs & Annos)

508.020 Assault in the second degree

(1) A person is guilty of assault in the second degree when:

(a) He intentionally causes serious physical injury to another person; or

(b) He intentionally causes physical injury to another person by means of a deadly weapon or a dangerous instrument; or

(2) Assault in the second degree is a Class C felony.

CREDIT(S)

HISTORY: 1974 c 406, § 66, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 508.025

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 508. Assault and Related Offenses (Refs & Annos)

508.025 Assault in the third degree

(1) A person is guilty of assault in the third degree when the actor:

(a) Recklessly, with a deadly weapon or dangerous instrument, or intentionally causes or attempts to cause physical injury to:

1. A state, county, city, or federal peace officer;

2. An employee of a detention facility, or state residential treatment facility or state staff secure facility for residential treatment which provides for the care, treatment, or detention of a juvenile charged with or adjudicated delinquent because of a public offense or as a youthful offender;

3. An employee of the Department for Community Based Services employed as a social worker to provide direct client services, if the event occurs while the worker is performing job-related duties;

4. Paid or volunteer emergency medical services personnel certified or licensed pursuant to KRS Chapter 311A, if the event occurs while personnel are performing job-related duties;

5. A paid or volunteer member of an organized fire department, if the event occurs while the member is performing job-related duties;

6. Paid or volunteer rescue squad personnel affiliated with the Division of Emergency Management of the Department of Military Affairs or a local disaster and emergency services organization pursuant to KRS Chapter 39F, if the event occurs while personnel are performing job-related duties;

7. A probation and parole officer;

8. A transportation officer appointed by a county fiscal court or legislative body of a consolidated local government, urban-county government, or charter government to transport inmates when the county jail or county correctional facility is closed while the transportation officer is performing job-related duties;

9. A public or private elementary or secondary school or school district classified or certified employee, school bus driver, or other school employee acting in the course and scope of the employee's employment; or

10. A public or private elementary or secondary school or school district volunteer acting in the course and scope of that person's volunteer service for the school or school district; or

(b) Being a person confined in a detention facility, or state residential treatment facility or state staff secure facility for residential treatment which provides for the care, treatment, or detention of a juvenile charged with or adjudicated delinquent because of a public offense or as a youthful offender, inflicts physical injury upon or throws or causes feces, or urine, or other bodily fluid to be thrown upon an employee of the facility.

(2) Assault in the third degree is a Class D felony.

CREDIT(S)

HISTORY: 2005 c 128, § 1, eff. 6-20-05; 2002 c 360, § 1, c 208, § 1, eff. 7-15-02; 2000 c 193, § 17, c 14, § 56, c 345, § 7, eff. 7-14-00; 1996 c 345, § 1, eff. 7-15-96; 1994 c 397, § 1, eff. 7-15-94; 1990 c 380, § 1, eff. 7-13-90; 1982 c 429, § 1

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 508.030

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 508. Assault and Related Offenses (Refs & Annos)

508.030 Assault in the fourth degree

(1) A person is guilty of assault in the fourth degree when:

(a) He intentionally or wantonly causes physical injury to another person; or

(b) With recklessness he causes physical injury to another person by means of a deadly weapon or a dangerous instrument.

(2) Assault in the fourth degree is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1982 c 429, § 2, eff. 7-15-82; 1974 c 406, § 67

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 508.032

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 508. Assault and Related Offenses (Refs & Annos)

508.032 Assault of family member or member of an unmarried couple; enhancement of penalty

(1) If a person commits a third or subsequent offense of assault in the fourth degree under KRS 508.030 within five (5) years, and the relationship between the perpetrator and the victim in each of the offenses meets the definition of family member or member of an unmarried couple, as defined in KRS 403.720, then the person may be convicted of a Class D felony. If the Commonwealth desires to utilize the provisions of this section, the Commonwealth shall indict the defendant and the case shall be tried in the Circuit Court as a felony case. The jury, or judge if the trial is without a jury, may decline to assess a felony penalty in a case under this section and may convict the defendant of a misdemeanor. The victim in the second or subsequent offense is not required to be the same person who was assaulted in the prior offenses in order for the provisions of this section to apply.

(2) In determining the five (5) year period under this section, the period shall be measured from the dates on which the offenses occurred for which the judgments of conviction were entered by a court of competent jurisdiction.

CREDIT(S)

HISTORY: 2000 c 401, § 39, eff. 7-14-00; 1996 c 345, § 2, eff. 7-15-96

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 508.040

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 508. Assault and Related Offenses (Refs & Annos)

508.040 Assault under extreme emotional disturbance

(1) In any prosecution under KRS 508.010, 508.020 or 508.030 in which intentionally causing physical injury or serious physical injury is an element of the offense, the defendant may establish in mitigation that he acted under the influence of extreme emotional disturbance, as defined in subsection (1)(a) of KRS 507.020.

(2) An assault committed under the influence of extreme emotional disturbance is:

(a) A Class D felony when it would constitute an assault in the first degree or an assault in the second degree if not committed under the influence of an extreme emotional disturbance; or

(b) A Class B misdemeanor when it would constitute an assault in the fourth degree if not committed under the influence of an extreme emotional disturbance.

CREDIT(S)

HISTORY: 1984 c 111, § 198, eff. 7-13-84; 1974 c 406, § 68

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 508.050

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 508. Assault and Related Offenses (Refs & Annos)

508.050 Menacing

(1) A person is guilty of menacing when he intentionally places another person in reasonable apprehension of imminent physical injury.

(2) Menacing is a Class B misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 69, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 508.060

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 508. Assault and Related Offenses (Refs & Annos)

508.060 Wanton endangerment in the first degree

(1) A person is guilty of wanton endangerment in the first degree when, under circumstances manifesting extreme indifference to the value of human life, he wantonly engages in conduct which creates a substantial danger of death or serious physical injury to another person.

(2) Wanton endangerment in the first degree is a Class D felony.

CREDIT(S)

HISTORY: 1974 c 406, § 70, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 508.070

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 508. Assault and Related Offenses (Refs & Annos)

508.070 Wanton endangerment in the second degree

(1) A person is guilty of wanton endangerment in the second degree when he wantonly engages in conduct which creates a substantial danger of physical injury to another person.

(2) Wanton endangerment in the second degree is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 71, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 508.075

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 508. Assault and Related Offenses (Refs & Annos)

508.075 Terroristic threatening in the first degree

(1) A person is guilty of terroristic threatening in the first degree when he or she:

(a) Intentionally makes false statements that he or she or another person has placed a weapon of mass destruction on:

1. The real property or any building of any public or private elementary or secondary school, vocational school, or institution of postsecondary education;

2. A school bus or other vehicle owned, operated, or leased by a school;

3. The real property or any building public or private that is the site of an official school-sanctioned function; or

4. The real property or any building owned or leased by a government agency; or

(b) Intentionally and without lawful authority, places a counterfeit weapon of mass destruction at any location or on any object specified in paragraph (a) of this subsection.

(2) A counterfeit weapon of mass destruction is placed with lawful authority if it is placed, with the written permission of the chief officer of the school or other institution, as a part of an official training exercise and is placed by a public servant, as defined in KRS 522.010.

(3) A person is not guilty of commission of an offense under this section if he or she, innocently and believing the information to be true, communicates a threat made by another person to school personnel, a peace officer, a law enforcement agency, a public agency involved in emergency response, or a public safety answering point and identifies the person from whom the threat was communicated, if known.

(4) Terroristic threatening in the first degree is a Class C felony.

CREDIT(S)

HISTORY: 2001 c 113, § 1, eff. 6-21-01

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 508.078

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 508. Assault and Related Offenses (Refs & Annos)

508.078 Terroristic threatening in the second degree

(1) A person is guilty of terroristic threatening in the second degree when, other than as provided in KRS 508.075, he or she intentionally:

(a) With respect to a school function, threatens to commit any act likely to result in death or serious physical injury to any student group, teacher, volunteer worker, or employee of a public or private elementary or secondary school, vocational school, or institution of postsecondary education, or to any other person reasonably expected to lawfully be on school property or at a school-sanctioned activity, if the threat is related to their employment by a school, or work or attendance at school, or a school function. A threat directed at a person or persons or at a school does not need to identify a specific person or persons or school in order for a violation of this section to occur;

(b) Makes false statements that he or she has placed a weapon of mass destruction at any location other than one specified in KRS 508.075; or

(c) Without lawful authority places a counterfeit weapon of mass destruction at any location other than one specified in KRS 508.075.

(2) A counterfeit weapon of mass destruction is placed with lawful authority if it is placed as part of an official training exercise by a public servant, as defined in KRS 522.010.

(4) Terroristic threatening in the second degree is a Class D felony.

CREDIT(S)

HISTORY: 2001 c 113, § 2, eff. 6-21-01

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 508.080

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 508. Assault and Related Offenses (Refs & Annos)

508.080 Terroristic threatening in the third degree

(1) Except as provided in KRS 508.075 or 508.078, a person is guilty of terroristic threatening in the third degree when:

(a) He threatens to commit any crime likely to result in death or serious physical injury to another person or likely to result in substantial property damage to another person; or

(b) He intentionally makes false statements for the purpose of causing evacuation of a building, place of assembly, or facility of public transportation.

(2) Terroristic threatening in the third degree is a Class A misdemeanor.

CREDIT(S)

HISTORY: 2001 c 113, § 3, eff. 6-21-01; 1974 c 406, § 72, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 508.090

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 508. Assault and Related Offenses (Refs & Annos)

508.090 Definitions for KRS 508.100 to 508.120

The following definitions apply in KRS 508.100 to 508.120 unless the context otherwise requires:

(1) “Abuse” means the infliction of physical pain, injury, or mental injury, or the deprivation of services by a person which are necessary to maintain the health and welfare of a person, or a situation in which an adult, living alone, is unable to provide or obtain for himself the services which are necessary to maintain his health or welfare.

(2) “Physically helpless” and “mentally helpless” means a person who lacks substantial capacity to defend himself or solicit protection from law enforcement agencies.

CREDIT(S)

HISTORY: 1982 c 168, § 4, eff. 7-15-82

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 508.100

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 508. Assault and Related Offenses (Refs & Annos)

508.100 Criminal abuse in the first degree

(1) A person is guilty of criminal abuse in the first degree when he intentionally abuses another person or permits another person of whom he has actual custody to be abused and thereby:

(a) Causes serious physical injury; or

(b) Places him in a situation that may cause him serious physical injury; or

to a person twelve (12) years of age or less, or who is physically helpless or mentally helpless.

(2) Criminal abuse in the first degree is a Class C felony.

CREDIT(S)

HISTORY: 1982 c 168, § 1, eff. 7-15-82

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 508.110

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 508. Assault and Related Offenses (Refs & Annos)

508.110 Criminal abuse in the second degree

(1) A person is guilty of criminal abuse in the second degree when he wantonly abuses another person or permits another person of whom he has actual custody to be abused and thereby:

(a) Causes serious physical injury; or

(b) Places him in a situation that may cause him serious physical injury; or

to a person twelve (12) years of age or less, or who is physically helpless or mentally helpless.

(2) Criminal abuse in the second degree is a Class D felony.

CREDIT(S)

HISTORY: 1982 c 168, § 2, eff. 7-15-82

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 508.120

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 508. Assault and Related Offenses (Refs & Annos)

508.120 Criminal abuse in the third degree

(1) A person is guilty of criminal abuse in the third degree when he recklessly abuses another person or permits another person of whom he has actual custody to be abused and thereby:

(a) Causes serious physical injury; or

(b) Places him in a situation that may cause him serious physical injury; or

to a person twelve (12) years of age or less, or who is physically helpless or mentally helpless.

(2) Criminal abuse in the third degree is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1982 c 168, § 3, eff. 7-15-82

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 508.130

Effective: June 25, 2009

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 508. Assault and Related Offenses (Refs & Annos)

508.130 Definitions for KRS 508.130 to 508.150

As used in KRS 508.130 to 508.150, unless the context requires otherwise:

(1) (a) To “stalk” means to engage in an intentional course of conduct:

1. Directed at a specific person or persons;

2. Which seriously alarms, annoys, intimidates, or harasses the person or persons; and

3. Which serves no legitimate purpose.

(b) The course of conduct shall be that which would cause a reasonable person to suffer substantial mental distress.

(2) “Course of conduct” means a pattern of conduct composed of two (2) or more acts, evidencing a continuity of purpose. One (1) or more of these acts may include the use of any equipment, instrument, machine, or other device by which communication or information is transmitted, including computers, the Internet or other electronic network, cameras or other recording devices, telephones or other personal communications devices, scanners or other copying devices, and any device that enables the use of a transmitting device. Constitutionally protected activity is not included within the meaning of “course of conduct.” If the defendant claims that he was engaged in constitutionally protected activity, the court shall determine the validity of that claim as a matter of law and, if found valid, shall exclude that activity from evidence.

(3) “Protective order” means:

(a) An emergency protective order or domestic violence order issued under KRS 403.715 to 403.785;

(b) A foreign protective order, as defined in KRS 403.7521(1);

(d) A restraining order issued in accordance with KRS 508.155; and

(e) Any condition of a bond, conditional release, probation, parole, or pretrial diversion order designed to protect the victim from the offender.

CREDIT(S)

HISTORY: 2009 c 100, § 2, eff. 6-25-09; 2002 c 119, § 1, eff. 7-15-02; 2000 c 401, § 13, eff. 7-14-00; 1992 c 443, § 1, eff. 7-14-92

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 508.140

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 508. Assault and Related Offenses (Refs & Annos)

508.140 Stalking in the first degree

(1) A person is guilty of stalking in the first degree,

(a) When he intentionally:

1. Stalks another person; and

2. Makes an explicit or implicit threat with the intent to place that person in reasonable fear of:

a. Sexual contact as defined in KRS 510.010;

b. Serious physical injury; or

c. Death; and

(b) 1. A protective order has been issued by the court to protect the same victim or victims and the defendant has been served with the summons or order or has been given actual notice; or

2. A criminal complaint is currently pending with a court, law enforcement agency, or prosecutor by the same victim or victims and the defendant has been served with a summons or warrant or has been given actual notice; or

3. The defendant has been convicted of or pled guilty within the previous five (5) years to a felony or to a Class A misdemeanor against the same victim or victims; or

4. The act or acts were committed while the defendant had a deadly weapon on or about his person.

(2) Stalking in the first degree is a Class D felony.

CREDIT(S)

HISTORY: 2000 c 401, § 14, eff. 7-14-00; 1992 c 443, § 2, eff. 7-14-92

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 508.150

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 508. Assault and Related Offenses (Refs & Annos)

508.150 Stalking in the second degree

(1) A person is guilty of stalking in the second degree when he intentionally:

(a) Stalks another person; and

(b) Makes an explicit or implicit threat with the intent to place that person in reasonable fear of:

1. Sexual contact as defined in KRS 510.010;

2. Physical injury; or

3. Death.

(2) Stalking in the second degree is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1992 c 443, § 3, eff. 7-14-92

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 508.155

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 508. Assault and Related Offenses (Refs & Annos)

508.155 Restraining order upon violation of KRS 508.140 or 508.150

(1) A verdict of guilty or a plea of guilty to KRS 508.140 or 508.150 shall operate as an application for a restraining order limiting the contact of the defendant and the victim who was stalked, unless the victim requests otherwise.

(2) The court shall give the defendant notice of his or her right to request a hearing on the application for a restraining order. If the defendant waives his or her right to a hearing on this matter, then the court may issue the restraining order without a hearing.

(3) If the defendant requests a hearing, it shall be held at the time of the verdict or plea of guilty, unless the victim or defendant requests otherwise. The hearing shall be held in the court where the verdict or plea of guilty was entered.

(4) A restraining order may grant the following specific relief:

(a) An order restraining the defendant from entering the residence, property, school, or place of employment of the victim; or

(b) An order restraining the defendant from making contact with the victim, including an order forbidding the defendant from personally, or through an agent, initiating any communication likely to cause serious alarm, annoyance, intimidation, or harassment, including but not limited to personal, written, telephonic, or any other form of written or electronic communication or contact with the victim. An order issued pursuant to this subsection relating to a school, place of business, or similar nonresidential location shall be sufficiently limited to protect the stalking victim but shall also protect the defendant's right to employment, education, or the right to do legitimate business with the employer of a stalking victim as long as the defendant does not have contact with the stalking victim. The provisions of this subsection shall not apply to a contact by an attorney regarding a legal matter.

(5) A restraining order issued pursuant to this section shall be valid for a period of not more than ten (10) years, the specific duration of which shall be determined by the court. Any restraining order shall be based upon the seriousness of the facts before the court, the probability of future violations, and the safety of the victim, his or her immediate family, or both.

(6) Unless the defendant has been convicted of a felony, or is otherwise ineligible to purchase or possess a firearm under federal law, a restraining order issued pursuant to this section shall not operate as a ban on the purchase or possession of firearms or ammunition by the defendant.

(7) The restraining order shall be issued on a form prescribed by the Administrative Office of the Courts and may be lifted upon application of the stalking victim to the court which granted the order.

(8) Within twenty-four (24) hours of entry of a restraining order or entry of an order rescinding a restraining order, the circuit clerk shall forward a copy of the order to the Law Information Network of Kentucky (LINK).

(9) A restraining order issued under this section shall be enforced in any county of the Commonwealth. Law enforcement officers acting in good faith in enforcing a restraining order shall be immune from criminal and civil liability.

(10) A violation by the defendant of an order issued pursuant to this section shall be a Class A misdemeanor. Nothing in this section shall preclude the filing of a criminal complaint for stalking based on the same act which is the basis for the violation of the restraining order.

CREDIT(S)

HISTORY: 2002 c 119, § 2, eff. 7-15-02

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 508.160

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 508. Assault and Related Offenses (Refs & Annos)

508.160 Disarming a police officer; penalty; applicability

(1) A person is guilty of disarming a peace officer when he intentionally:

(a) Removes a firearm or other deadly weapon from the person of a peace officer when the peace officer is acting within the scope of his official duties; or

(b) Deprives a peace officer of the officer's use of a firearm or deadly weapon when the peace officer is acting within the scope of his official duties.

(2) Disarming a peace officer is a Class D felony.

(3) The provisions of this section shall not apply when:

(a) The defendant does not know or could not reasonably have known that the person disarmed was a peace officer; or

(b) The peace officer was, at the time of the disarming or incident thereto, engaged in felonious conduct.

CREDIT(S)

HISTORY: 1998 c 606, § 123, eff. 7-15-98

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS T. L, Ch. 509, Refs & Annos

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 509. Kidnapping and Related Offenses

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 509.010

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 509. Kidnapping and Related Offenses (Refs & Annos)

509.010 Definitions

The following definitions apply in this chapter unless the context otherwise requires:

(1) “Relative” means a parent, ancestor, brother, sister, uncle or aunt.

(2) “Restrain” means to restrict another person's movements in such a manner as to cause a substantial interference with his liberty by moving him from one place to another or by confining him either in the place where the restriction commences or in a place to which he has been moved without consent. A person is moved or confined “without consent” when the movement or confinement is accomplished by physical force, intimidation, or deception, or by any means, including acquiescence of a victim, if he is under the age of sixteen (16) years, or is substantially incapable of appraising or controlling his own behavior.

CREDIT(S)

HISTORY: 1974 c 406, § 73, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 509.020

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 509. Kidnapping and Related Offenses (Refs & Annos)

509.020 Unlawful imprisonment in the first degree

(1) A person is guilty of unlawful imprisonment in the first degree when he knowingly and unlawfully restrains another person under circumstances which expose that person to a risk of serious physical injury.

(2) Unlawful imprisonment in the first degree is a Class D felony.

CREDIT(S)

HISTORY: 1974 c 406, § 74, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 509.030

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 509. Kidnapping and Related Offenses (Refs & Annos)

509.030 Unlawful imprisonment in the second degree

(1) A person is guilty of unlawful imprisonment in the second degree when he knowingly and unlawfully restrains another person.

(2) Unlawful imprisonment in the second degree is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 75, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 509.040

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 509. Kidnapping and Related Offenses (Refs & Annos)

509.040 Kidnapping

(1) A person is guilty of kidnapping when he unlawfully restrains another person and when his intent is:

(a) To hold him for ransom or reward; or

(b) To accomplish or to advance the commission of a felony; or

(d) To interfere with the performance of a governmental or political function; or

(e) To use him as a shield or hostage; or

(f) To deprive the parents or guardian of the custody of a minor, when the person taking the minor is not a person exercising custodial control or supervision of the minor as the term “person exercising custodial control or supervision” is defined in KRS 600.020.

(2) Kidnapping is a Class B felony when the victim is released alive and in a safe place prior to trial, except as provided in this section. Kidnapping is a Class A felony when the victim is released alive but the victim has suffered serious physical injury during the kidnapping, or as a result of not being released in a safe place, or as a result of being released in any circumstances which are intended, known or should have been known to cause or lead to serious physical injury. Kidnapping is a capital offense when the victim is not released alive or when the victim is released alive but subsequently dies as a result of:

(a) Serious physical injuries suffered during the kidnapping; or

(b) Not being released in a safe place; or

(c) Being released in any circumstances which are intended, known or should have been known to cause or lead to the victim's death.

CREDIT(S)

HISTORY: 2002 c 120, § 1, eff. 7-15-02; 1980 c 48, § 1, eff. 7-15-80; 1974 c 406, § 76

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 509.050

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 509. Kidnapping and Related Offenses (Refs & Annos)

509.050 Exemption

A person may not be convicted of unlawful imprisonment in the first degree, unlawful imprisonment in the second degree, or kidnapping when his criminal purpose is the commission of an offense defined outside this chapter and his interference with the victim's liberty occurs immediately with and incidental to the commission of that offense, unless the interference exceeds that which is ordinarily incident to commission of the offense which is the objective of his criminal purpose. The exemption provided by this section is not applicable to a charge of kidnapping that arises from an interference with another's liberty that occurs incidental to the commission of a criminal escape.

CREDIT(S)

HISTORY: 1974 c 406, § 77, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 509.060

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 509. Kidnapping and Related Offenses (Refs & Annos)

509.060 Defense

In any prosecution for unlawful imprisonment or kidnapping it is a defense that the defendant was a relative of the victim and his sole purpose was to assume custody of the victim.

CREDIT(S)

HISTORY: 1974 c 406, § 78, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 509.070

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 509. Kidnapping and Related Offenses (Refs & Annos)

509.070 Custodial interference

(1) A person is guilty of custodial interference when, knowing that he has no legal right to do so, he takes, entices or keeps from lawful custody any mentally disabled or other person entrusted by authority of law to the custody of another person or to an institution.

(2) It is a defense to custodial interference that the person taken from lawful custody was returned by the defendant voluntarily and before arrest or the issuance of a warrant for arrest.

(3) Custodial interference is a Class D felony unless the person taken from lawful custody is returned voluntarily by the defendant.

CREDIT(S)

HISTORY: 1984 c 79, § 1, eff. 7-13-84; 1982 c 141, § 134, 146; 1980 c 396, § 146; 1974 c 406, § 79

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 509.080

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 509. Kidnapping and Related Offenses (Refs & Annos)

509.080 Criminal coercion

(1) A person is guilty of criminal coercion when with intent to compel another person to engage in or refrain from conduct, he unlawfully threatens to:

(a) Commit any crime; or

(b) Accuse anyone of a crime; or

(c) Expose any secret tending to subject any person to hatred, contempt or ridicule or to impair another's credit or business repute; or

(d) Take or withhold action as an official or cause an official to take or withhold action.

(2) A defendant may prove in exculpation of criminal coercion committed under subsection (1)(b), (c) or (d) that he believed the accusation or secret to be true or the proposed official action justified and that his sole purpose was to compel or induce the victim to desist from misbehavior or to make good a wrong done by him.

(3) Criminal coercion is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1976 c 183, § 2, eff. 6-19-76; 1974 c 406, § 80

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS T. L, Ch. 510, Refs & Annos

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 510. Sexual Offenses

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 510.010

Effective: July 12, 2012

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 510. Sexual Offenses (Refs & Annos)

510.010 Definitions for chapter

The following definitions apply in this chapter unless the context otherwise requires:

(1) “Deviate sexual intercourse” means any act of sexual gratification involving the sex organs of one person and the mouth or anus of another; or penetration of the anus of one person by a foreign object manipulated by another person. “Deviate sexual intercourse” does not include penetration of the anus by a foreign object in the course of the performance of generally recognized health-care practices;

(2) “Forcible compulsion” means physical force or threat of physical force, express or implied, which places a person in fear of immediate death, physical injury to self or another person, fear of the immediate kidnap of self or another person, or fear of any offense under this chapter. Physical resistance on the part of the victim shall not be necessary to meet this definition;

(3) “Mental illness” means a diagnostic term that covers many clinical categories, typically including behavioral or psychological symptoms, or both, along with impairment of personal and social function, and specifically defined and clinically interpreted through reference to criteria contained in the Diagnostic and Statistical Manual of Mental Disorders (Third Edition) and any subsequent revision thereto, of the American Psychiatric Association;

(4) “Individual with an intellectual disability” means a person with significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period, as defined in KRS Chapter 202B;

(5) “Mentally incapacitated” means that a person is rendered temporarily incapable of appraising or controlling his conduct as a result of the influence of an intoxicating substance administered to him without his consent or as a result of any other act committed upon him without his consent;

(6) “Physically helpless” means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act. “Physically helpless” also includes a person who has been rendered unconscious or for any other reason is physically unable to communicate an unwillingness to an act as a result of the influence of a controlled substance or legend drug;

(7) “Sexual contact” means any touching of the sexual or other intimate parts of a person done for the purpose of gratifying the sexual desire of either party;

(8) “Sexual intercourse” means sexual intercourse in its ordinary sense and includes penetration of the sex organs of one person by a foreign object manipulated by another person. Sexual intercourse occurs upon any penetration, however slight; emission is not required. “Sexual intercourse” does not include penetration of the sex organ by a foreign object in the course of the performance of generally recognized health-care practices; and

(9) “Foreign object” means anything used in commission of a sexual act other than the person of the actor.

CREDIT(S)

HISTORY: 2012 c 146, § 123, eff. 7-12-12; 2002 c 259, § 6, eff. 7-15-02; 2000 c 401, § 4, eff. 7-14-00; 1996 c 300, § 2, eff. 7-15-96; 1992 c 355, § 1, eff. 7-14-92; 1990 c 448, § 1; 1988 c 283, § 9, c 78, § 1; 1986 c 486, § 1; 1974 c 406, § 81

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 510.015

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 510. Sexual Offenses (Refs & Annos)

510.015 Treatment of third or subsequent misdemeanor under KRS Chapter 510 as Class D felony

Unless a higher penalty is otherwise prescribed and notwithstanding any provision of this chapter to the contrary, a person who commits a third or subsequent misdemeanor offense under this chapter, except for violations of KRS 510.150, may be convicted of a Class D felony. If the Commonwealth desires to utilize the provisions of this section, the Commonwealth shall indict the defendant and the case shall be tried in the Circuit Court as a felony case. The jury, or judge if the trial is without a jury, may decline to assess a felony penalty in a case under this section and may convict the defendant of a misdemeanor.

CREDIT(S)

HISTORY: 2000 c 401, § 6, eff. 7-14-00

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 510.020

Effective: July 12, 2012

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 510. Sexual Offenses (Refs & Annos)

510.020 Lack of consent

(1) Whether or not specifically stated, it is an element of every offense defined in this chapter that the sexual act was committed without consent of the victim.

(2) Lack of consent results from:

(a) Forcible compulsion;

(b) Incapacity to consent; or

(c) If the offense charged is sexual abuse, any circumstances in addition to forcible compulsion or incapacity to consent in which the victim does not expressly or impliedly acquiesce in the actor's conduct.

(3) A person is deemed incapable of consent when he or she is:

(a) Less than sixteen (16) years old;

(b) An individual with an intellectual disability or an individual that suffers from a mental illness;

(d) Physically helpless; or

(e) Under the care or custody of a state or local agency pursuant to court order and the actor is employed by or working on behalf of the state or local agency.

(4) The provisions of subsection (3)(e) of this section shall not apply to persons who are lawfully married to each other and no court order is in effect prohibiting contact between the parties.

CREDIT(S)

HISTORY: 2012 c 146, § 124, eff. 7-12-12; 2006 c 182, § 30, eff. 7-12-06; 1988 c 283, § 10, eff. 7-15-88; 1974 c 406, § 82

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 510.030

Effective: July 12, 2012

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 510. Sexual Offenses (Refs & Annos)

510.030 Defenses to prosecution based on victim's lack of consent

In any prosecution under this chapter in which the victim's lack of consent is based solely on his incapacity to consent because he was less than sixteen (16) years old, an individual with an intellectual disability, mentally incapacitated, or physically helpless, the defendant may prove in exculpation that at the time he engaged in the conduct constituting the offense he did not know of the facts or conditions responsible for such incapacity to consent.

CREDIT(S)

HISTORY: 2012 c 146, § 125, eff. 7-12-12; 1988 c 283, § 11, eff. 7-15-88; 1974 c 406, § 83

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 510.035

Effective: July 12, 2012

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 510. Sexual Offenses (Refs & Annos)

510.035 Exception to KRS 510.020

A person who engages in sexual intercourse or deviate sexual intercourse with another person to whom the person is married, or subjects another person to whom the person is married to sexual contact, does not commit an offense under this chapter regardless of the person's age solely because the other person is less than sixteen (16) years old or an individual with an intellectual disability.

CREDIT(S)

HISTORY: 2012 c 146, § 126, eff. 7-12-12; 1990 c 448, § 5, eff. 7-13-90

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 510.040

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 510. Sexual Offenses (Refs & Annos)

510.040 Rape in the first degree

(1) A person is guilty of rape in the first degree when:

(a) He engages in sexual intercourse with another person by forcible compulsion; or

(b) He engages in sexual intercourse with another person who is incapable of consent because he:

1. Is physically helpless; or

2. Is less than twelve (12) years old.

(2) Rape in the first degree is a Class B felony unless the victim is under twelve (12) years old or receives a serious physical injury in which case it is a Class A felony.

CREDIT(S)

HISTORY: 1974 c 406, § 84, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 510.050

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 510. Sexual Offenses (Refs & Annos)

510.050 Rape in the second degree

(1) A person is guilty of rape in the second degree when:

(a) Being eighteen (18) years old or more, he engages in sexual intercourse with another person less than fourteen (14) years old; or

(b) He engages in sexual intercourse with another person who is mentally incapacitated.

(2) Rape in the second degree is a Class C felony.

CREDIT(S)

HISTORY: 2002 c 259, § 3, eff. 7-15-02; 1974 c 406, § 85, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 510.060

Effective: July 12, 2012

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 510. Sexual Offenses (Refs & Annos)

510.060 Rape in the third degree

(1) A person is guilty of rape in the third degree when:

(a) He or she engages in sexual intercourse with another person who is incapable of consent because he or she is an individual with an intellectual disability;

(b) Being twenty-one (21) years old or more, he or she engages in sexual intercourse with another person less than sixteen (16) years old;

(c) Being twenty-one (21) years old or more, he or she engages in sexual intercourse with another person less than eighteen (18) years old and for whom he or she provides a foster family home as defined in KRS 600.020;

(d) Being a person in a position of authority or position of special trust, as defined in KRS 532.045, he or she engages in sexual intercourse with a minor under eighteen (18) years old with whom he or she comes into contact as a result of that position; or

(e) Being a jailer, or an employee, contractor, vendor, or volunteer of the Department of Corrections, Department of Juvenile Justice, or a detention facility as defined in KRS 520.010, or of an entity under contract with either department or a detention facility for the custody, supervision, evaluation, or treatment of offenders, he or she subjects a person who he or she knows is incarcerated, supervised, evaluated, or treated by the Department of Corrections, Department of Juvenile Justice, detention facility, or contracting entity, to sexual intercourse.

(2) Rape in the third degree is a Class D felony.

CREDIT(S)

HISTORY: 2012 c 146, § 127, c 148, § 2, eff. 7-12-12; 2010 c 26, § 1, eff. 7-15-10; 2006 c 182, § 31, eff. 7-12-06; 2002 c 282, § 1, c 259, § 7, eff. 7-15-02; 1988 c 283, § 12, eff. 7-15-88; 1974 c 406, § 86

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 510.070

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 510. Sexual Offenses (Refs & Annos)

510.070 Sodomy in the first degree

(1) A person is guilty of sodomy in the first degree when:

(a) He engages in deviate sexual intercourse with another person by forcible compulsion; or

(b) He engages in deviate sexual intercourse with another person who is incapable of consent because he:

1. Is physically helpless; or

2. Is less than twelve (12) years old.

(2) Sodomy in the first degree is a Class B felony unless the victim is under twelve (12) years old or receives a serious physical injury in which case it is a Class A felony.

CREDIT(S)

HISTORY: 1974 c 406, § 87, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 510.080

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 510. Sexual Offenses (Refs & Annos)

510.080 Sodomy in the second degree

(1) A person is guilty of sodomy in the second degree when:

(a) Being eighteen (18) years old or more, he engages in deviate sexual intercourse with another person less than fourteen (14) years old; or

(b) He engages in deviate sexual intercourse with another person who is mentally incapacitated.

(2) Sodomy in the second degree is a Class C felony.

CREDIT(S)

HISTORY: 2002 c 259, § 4, eff. 7-15-02; 1974 c 406, § 88, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 510.090

Effective: July 12, 2012

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 510. Sexual Offenses (Refs & Annos)

510.090 Sodomy in the third degree

(1) A person is guilty of sodomy in the third degree when:

(a) He or she engages in deviate sexual intercourse with another person who is incapable of consent because he or she is an individual with an intellectual disability;

(b) Being twenty-one (21) years old or more, he or she engages in deviate sexual intercourse with another person less than sixteen (16) years old; or

(c) Being twenty-one (21) years old or more, he or she engages in deviate sexual intercourse with another person less than eighteen (18) years old and for whom he or she provides a foster family home as defined in KRS 600.020;

(d) Being a person in a position of authority or position of special trust, as defined in KRS 532.045, he or she engages in deviate sexual intercourse with a minor less than eighteen (18) years old with whom he or she comes into contact as a result of that position; or

(2) Sodomy in the third degree is a Class D felony.

CREDIT(S)

HISTORY: 2012 c 146, § 128, c 148, § 3, eff. 7-12-12; 2010 c 26, § 2, eff. 7-15-10; 2006 c 182, § 32, eff. 7-12-06; 2002 c 282, § 2, c 259, § 8, eff. 7-15-02; 1988 c 283, § 13, eff. 7-15-88; 1974 c 406, § 89

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 510.100

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 510. Sexual Offenses (Refs & Annos)

510.100 Sodomy in the fourth degree

(1) A person is guilty of sodomy in the fourth degree when he engages in deviate sexual intercourse with another person of the same sex.

(2) Notwithstanding the provisions of KRS 510.020, consent of the other person shall not be a defense under this section, nor shall lack of consent of the other person be an element of this offense.

(3) Sodomy in the fourth degree is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 90, eff. 1-1-75

VALIDITY

This section has been held unconstitutional in the case of Com. v. Wasson, 1992, 842 S.W.2d 487.

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 510.110

Effective: July 15, 2008

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 510. Sexual Offenses (Refs & Annos)

510.110 Sexual abuse in the first degree

(1) A person is guilty of sexual abuse in the first degree when:

(a) He or she subjects another person to sexual contact by forcible compulsion; or

(b) He or she subjects another person to sexual contact who is incapable of consent because he or she:

1. Is physically helpless;

2. Is less than twelve (12) years old; or

3. Is mentally incapacitated; or

1. Subjects another person who is less than sixteen (16) years old to sexual contact;

2. Engages in masturbation in the presence of another person who is less than sixteen (16) years old and knows or has reason to know the other person is present; or

3. Engages in masturbation while using the Internet, telephone, or other electronic communication device while communicating with a minor who the person knows is less than sixteen (16) years old, and the minor can see or hear the person masturbate; or

(d) Being a person in a position of authority or position of special trust, as defined in KRS 532.045, he or she, regardless of his or her age, subjects a minor who is less than eighteen (18) years old, with whom he or she comes into contact as a result of that position, to sexual contact or engages in masturbation in the presence of the minor and knows or has reason to know the minor is present or engages in masturbation while using the Internet, telephone, or other electronic communication device while communicating with a minor who the person knows is less than sixteen (16) years old, and the minor can see or hear the person masturbate.

(2) Sexual abuse in the first degree is a Class D felony, unless the victim is less than twelve (12) years old, in which case the offense shall be a Class C felony.

CREDIT(S)

HISTORY: 2008 c 72, § 1, eff. 7-15-08; 2006 c 182, § 33, eff. 7-12-06; 2002 c 259, § 5, eff. 7-15-02; 1974 c 406, § 91, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 510.120

Effective: July 12, 2012

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 510. Sexual Offenses (Refs & Annos)

510.120 Sexual abuse in the second degree

(1) A person is guilty of sexual abuse in the second degree when:

(a) He or she subjects another person to sexual contact who is incapable of consent because he or she is an individual with an intellectual disability;

(b) He or she is at least eighteen (18) years old but less than twenty-one (21) years old and subjects another person who is less than sixteen (16) years old to sexual contact; or

(c) Being a jailer, or an employee, contractor, vendor, or volunteer of the Department of Corrections, Department of Juvenile Justice, or a detention facility as defined in KRS 520.010, or of an entity under contract with either department or a detention facility for the custody, supervision, evaluation, or treatment of offenders, he or she subjects a person who is at least eighteen (18) years old and who he or she knows is incarcerated, supervised, evaluated, or treated by the Department of Corrections, Department of Juvenile Justice, detention facility, or contracting entity, to sexual contact.

(2) In any prosecution under subsection (1)(b) of this section, it is a defense that:

(a) The other person's lack of consent was due solely to incapacity to consent by reason of being less than sixteen (16) years old; and

(b) The other person was at least fourteen (14) years old; and

(3) Sexual abuse in the second degree is a Class A misdemeanor.

CREDIT(S)

HISTORY: 2012 c 146, § 129, eff. 7-12-12; 2010 c 26, § 3, eff. 7-15-10; 2008 c 72, § 2, eff. 7-15-08; 2006 c 182, § 34, eff. 7-12-06; 2002 c 282, § 3, c 259, § 9, eff. 7-15-02; 2000 c 345, § 8, eff. 7-14-00; 1988 c 283, § 14, eff. 7-15-88; 1974 c 406, § 92

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 510.130

Effective: July 15, 2008

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 510. Sexual Offenses (Refs & Annos)

510.130 Sexual abuse in the third degree

(1) A person is guilty of sexual abuse in the third degree when he or she subjects another person to sexual contact without the latter's consent.

(2) In any prosecution under this section, it is a defense that:

(a) The other person's lack of consent was due solely to incapacity to consent by reason of being less than sixteen (16) years old; and

(b) The other person was at least fourteen (14) years old; and

(3) Sexual abuse in the third degree is a Class B misdemeanor.

CREDIT(S)

HISTORY: 2008 c 72, § 3, eff. 7-15-08; 1974 c 406, § 93, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 510.140

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 510. Sexual Offenses (Refs & Annos)

510.140 Sexual misconduct

(1) A person is guilty of sexual misconduct when he engages in sexual intercourse or deviate sexual intercourse with another person without the latter's consent.

(2) Sexual misconduct is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 94, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 510.145

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 510. Sexual Offenses (Refs & Annos)

510.145 Inadmissibility of evidence of prior sexual conduct or habits of complaining witness; exception; procedure for admission--Repealed

CREDIT(S)

HISTORY: 1992 c 324, § 30, 33, eff. 7-1-92; 1990 c 88, § 92, 93; 1976 c 144, § 1, 2

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 510.148

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 510. Sexual Offenses (Refs & Annos)

510.148 Indecent exposure in the first degree

(1) A person is guilty of indecent exposure in the first degree when he intentionally exposes his genitals under circumstances in which he knows or should know that his conduct is likely to cause affront or alarm to a person under the age of eighteen (18) years.

(2) Indecent exposure in the first degree is a:

(a) Class B misdemeanor for the first offense;

(b) Class A misdemeanor for the second offense, if it was committed within three (3) years of the first conviction;

(d) Class D felony for any subsequent offense, if it was committed within three (3) years of the prior conviction.

CREDIT(S)

HISTORY: 2004 c 190, § 1, eff. 7-13-04

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 510.150

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 510. Sexual Offenses (Refs & Annos)

510.150 Indecent exposure in the second degree

(1) A person is guilty of indecent exposure in the second degree when he intentionally exposes his genitals under circumstances in which he knows or should know that his conduct is likely to cause affront or alarm to a person eighteen (18) years of age or older.

(2) Indecent exposure in the second degree is a Class B misdemeanor.

CREDIT(S)

HISTORY: 2004 c 190, § 2, eff. 7-13-04; 1974 c 406, § 95, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 510.155

Effective: June 25, 2009

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 510. Sexual Offenses (Refs & Annos)

510.155 Unlawful use of electronic means originating or received within the Commonwealth to induce a minor to engage in sexual or other prohibited activities; prohibition of multiple convictions arising from single course of conduct; solicitation as evidence of intent

(1) It shall be unlawful for any person to knowingly use a communications system, including computers, computer networks, computer bulletin boards, cellular telephones, or any other electronic means, for the purpose of procuring or promoting the use of a minor, or a peace officer posing as a minor if the person believes that the peace officer is a minor or is wanton or reckless in that belief, for any activity in violation of KRS 510.040, 510.050, 510.060, 510.070, 510.080, 510.090, 510.110, 529.100 where that offense involves commercial sexual activity, or 530.064(1)(a), or KRS Chapter 531.

(2) No person shall be convicted of this offense and an offense specified in KRS 506.010, 506.030, 506.040, or 506.080 for a single course of conduct intended to consummate in the commission of the same offense with the same minor or peace officer.

(3) The solicitation of a minor through electronic communication under subsection (1) of this section shall be prima facie evidence of the person's intent to commit the offense even if the meeting did not occur.

(4) This section shall apply to electronic communications originating within or received within the Commonwealth.

(5) A violation of this section is punishable as a Class D felony.

CREDIT(S)

HISTORY: 2009 c 100, § 1, eff. 6-25-09; 2007 c 19, § 12, eff. 6-26-07; 2006 c 182, § 35, eff. 7-12-06; 2005 c 160, § 1, eff. 6-20-05

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 510.300

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 510. Sexual Offenses (Refs & Annos)

510.300 Expungement of record

(1) The arrest record of anyone accused by his spouse of an offense under this chapter shall be expunged if said charge was either dismissed with prejudice or a verdict of not guilty on said charge was entered.

(2) If the charges brought against a defendant under this chapter are dismissed with prejudice or the defendant is found not guilty, the court shall order all law enforcement and other public agencies holding records of the offense to expunge the records.

(3) No person whose records have been expunged pursuant to this section shall have to answer “Yes” and may answer “No” to the question “Have you ever been arrested?” or any similar question with regard to the offense for which the records were expunged.

CREDIT(S)

HISTORY: 1990 c 448, § 4, eff. 7-13-90; 1986 c 486, § 3

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 510.310

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 510. Sexual Offenses (Refs & Annos)

510.310 Evidence of violation inadmissible in child custody or visitation suit; exception--Repealed

CREDIT(S)

HISTORY: 2000 c 401, § 38, eff. 4-11-00; 1990 c 448, § 3, eff. 7-13-90

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 510.320

Effective: July 12, 2012

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 510. Sexual Offenses (Refs & Annos)

510.320 Human immunodeficiency virus testing for defendants accused of certain sexual offenses; results; counseling when test positive; cost; effect of appeal

(1) For purposes of this section, “human immunodeficiency virus test” means a test of an individual for presence of human immunodeficiency virus, or for antibodies or antigens that result from human immunodeficiency virus infection, or for any other substance specifically indicating human immunodeficiency virus infection.

(2) A defendant charged with an offense pursuant to this chapter which has sexual intercourse or deviate sexual intercourse as an element, or has sexual contact as an element when the circumstances of the case demonstrate a possibility of transmission of human immunodeficiency virus, shall upon initial court appearance on the charge, be informed by the judge of the availability of human immunodeficiency virus testing. The judge shall also notify the victim of the offense, or parent or guardian of the victim, that the defendant has been so notified.

(3) When a defendant has been convicted of any offense in subsection (2) of this section, other provisions of law to the contrary notwithstanding, the sentencing court, regardless of any prior human immunodeficiency virus test, shall order the defendant to undergo a human immunodeficiency virus test, under the direction of the Cabinet for Health and Family Services.

(4) (a) The result of any human immunodeficiency virus test conducted pursuant to this section shall not be a public record for purposes of KRS Chapter 61.

(b) The result of any human immunodeficiency virus test conducted pursuant to this section shall only be made available by the Cabinet for Health and Family Services to the victim, or the parent or guardian of a victim who is a minor, an individual with an intellectual disability, or mentally incapacitated, the defendant, the court issuing the order for testing, and to any other agency as directed pursuant to KRS Chapter 214.

(c) The Cabinet for Health and Family Services shall immediately provide to the victim the results of any human immunodeficiency virus test conducted under this section.

(d) In addition, the Cabinet for Health and Family Services shall provide to the Department of Corrections the result of any human immunodeficiency virus test conducted pursuant to this section which indicates that the defendant is infected with the human immunodeficiency virus. The Department of Corrections shall use this information solely for the purpose of providing medical treatment to the defendant while incarcerated in a state penitentiary or correctional institution or county jail.

(5) If the human immunodeficiency virus test indicates the presence of human immunodeficiency virus infection, the Cabinet for Health and Family Services shall provide counseling to the victim and the defendant regarding human immunodeficiency virus disease, and referral for appropriate health-care and support services.

(6) The cost of testing under this section shall be paid by the defendant tested, unless the court has determined the defendant to be indigent.

(7) Filing of a notice of appeal shall not automatically stay an order that the defendant submit to a human immunodeficiency virus test.

CREDIT(S)

HISTORY: 2012 c 146, § 130, eff. 7-12-12; 2005 c 99, § 656, eff. 6-20-05; 2000 c 400, § 5, eff. 7-14-00; 1998 c 426, § 608, eff. 7-15-98; 1992 c 389, § 1, eff. 7-14-92

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS T. L, Ch. 511, Refs & Annos

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 511. Burglary and Related Offenses

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 511.010

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 511. Burglary and Related Offenses (Refs & Annos)

511.010 Definitions

The following definitions apply in this chapter unless the context otherwise requires:

(1) “Building,” in addition to its ordinary meaning, means any structure, vehicle, watercraft or aircraft:

(a) Where any person lives; or

(b) Where people assemble for purposes of business, government, education, religion, entertainment or public transportation.

Each unit of a building consisting of two (2) or more units separately secured or occupied is a separate building.

(2) “Dwelling” means a building which is usually occupied by a person lodging therein.

(3) “Premises” includes the term “building” as defined herein and any real property.

CREDIT(S)

HISTORY: 1980 c 376, § 1, eff. 7-15-80; 1974 c 406, § 96

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 511.020

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 511. Burglary and Related Offenses (Refs & Annos)

511.020 Burglary in the first degree

(1) A person is guilty of burglary in the first degree when, with the intent to commit a crime, he knowingly enters or remains unlawfully in a building, and when in effecting entry or while in the building or in the immediate flight therefrom, he or another participant in the crime:

(a) Is armed with explosives or a deadly weapon; or

(b) Causes physical injury to any person who is not a participant in the crime; or

(2) Burglary in the first degree is a Class B felony.

CREDIT(S)

HISTORY: 1980 c 376, § 2, eff. 7-15-80; 1978 c 125, § 1; 1974 c 406, § 97

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 511.030

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 511. Burglary and Related Offenses (Refs & Annos)

511.030 Burglary in the second degree

(1) A person is guilty of burglary in the second degree when, with the intent to commit a crime, he knowingly enters or remains unlawfully in a dwelling.

(2) Burglary in the second degree is a Class C felony.

CREDIT(S)

HISTORY: 1980 c 376, § 3, eff. 7-15-80; 1978 c 125, § 2; 1974 c 406, § 98

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 511.040

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 511. Burglary and Related Offenses (Refs & Annos)

511.040 Burglary in the third degree

(1) A person is guilty of burglary in the third degree when, with the intent to commit a crime, he knowingly enters or remains unlawfully in a building.

(2) Burglary in the third degree is a Class D felony.

CREDIT(S)

HISTORY: 1980 c 376, § 4, eff. 7-15-80; 1978 c 125, § 3; 1974 c 406, § 99

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 511.050

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 511. Burglary and Related Offenses (Refs & Annos)

511.050 Possession of burglar's tools

(1) A person is guilty of possession of burglar's tools when he possesses any tool, instrument or other thing adapted, designed or commonly used for committing or facilitating the commission of an offense involving forcible entry into premises or theft by a physical taking under circumstances which leave no reasonable doubt as to his:

(a) Intention to use the same in the commission of an offense of such character; or

(b) Knowledge that some other person intends to use the same in the commission of an offense of such character.

(2) Possession of burglar's tools is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 100, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 511.060

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 511. Burglary and Related Offenses (Refs & Annos)

511.060 Criminal trespass in the first degree

(1) A person is guilty of criminal trespass in the first degree when he knowingly enters or remains unlawfully in a dwelling.

(2) Criminal trespass in the first degree is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 101, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 511.070

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 511. Burglary and Related Offenses (Refs & Annos)

511.070 Criminal trespass in the second degree

(1) A person is guilty of criminal trespass in the second degree when he knowingly enters or remains unlawfully in a building or upon premises as to which notice against trespass is given by fencing or other enclosure.

(2) Criminal trespass in the second degree is a Class B misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 102, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 511.080

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 511. Burglary and Related Offenses (Refs & Annos)

511.080 Criminal trespass in the third degree

(1) A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in or upon premises.

(2) Criminal trespass in the third degree is a violation.

CREDIT(S)

HISTORY: 1974 c 406, § 103, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 511.085

Effective: July 15, 2010

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 511. Burglary and Related Offenses (Refs & Annos)

511.085 Domestic violence shelter trespass

(1) As used in this section, “domestic violence shelter” means a residential facility providing protective shelter services for domestic violence victims.

(2) A person is guilty of domestic violence shelter trespass when:

(a) The person enters the buildings or premises of a domestic violence shelter that the person knows or should know is a domestic violence shelter or which is clearly marked on the building or premises as being a domestic violence shelter; and

(b) At the time of the entering, the person is the subject of an order of protection entered under KRS 403.740 or 403.750 or a foreign protective order filed under KRS 403.7521.

(3) It shall be a defense to a prosecution under this section that the person entered the shelter with the permission of the operator of the shelter after disclosing to the operator that the person is the subject of an order of protection or a foreign protective order. Authority to enter under this subsection may not be granted by a person taking shelter at the facility.

(4) A person shall not be convicted of a violation of this section and a violation of KRS 511.060, 511.070, or 511.080 arising from the same act of trespass.

(5) Domestic violence shelter trespass is a Class A misdemeanor.

CREDIT(S)

HISTORY: 2010 c 170, § 18, eff. 7-15-10

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 511.090

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 511. Burglary and Related Offenses (Refs & Annos)

511.090 General provisions

(1) A person “enters or remains unlawfully” in or upon premises when he is not privileged or licensed to do so.

(2) A person who, regardless of his intent, enters or remains in or upon premises which are at the time open to the public does so with license or privilege unless he defies a lawful order not to enter or remain personally communicated to him by the owner of such premises or other authorized person.

(3) A license or privilege to enter or remain in or upon premises which are only partly open to the public is not a license or privilege to enter or remain in or upon a part of the premises which is not open to the public.

(4) A person who enters or remains upon unimproved and apparently unused land which is neither fenced nor otherwise enclosed does not commit criminal trespass unless notice against trespass is personally communicated to him by the owner of the land or some other authorized person or unless notice is given by posting in a conspicuous manner.

(5) Private land adjoining a railtrail that is neither fenced nor otherwise enclosed shall be presumed to be land where notice against trespassing has been given by the owner of the land, and a person utilizing the railtrail shall be presumed to lack privilege or license to enter upon that land unless the person has permission from an adjoining landowner to do so.

CREDIT(S)

HISTORY: 2000 c 338, § 13, eff. 7-14-00; 1974 c 406, § 104, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS T. L, Ch. 512, Refs & Annos

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 512. Criminal Damage to Property

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 512.010

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 512. Criminal Damage to Property (Refs & Annos)

512.010 Definitions for chapter

The following definitions apply in this chapter unless the context otherwise requires:

(1) “Litter” means rubbish, refuse, waste material, offal, paper, glass, cans, bottles, trash, debris or any foreign substance of whatever kind or description and whether or not it is of value.

(2) “Noxious substance” means any substance capable of generating offensive, noxious or suffocating fumes, gases or vapors.

(3) “Property” includes cattle.

CREDIT(S)

HISTORY: 2004 c 141, § 3, eff. 7-13-04; 1974 c 406, § 105, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 512.020

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 512. Criminal Damage to Property (Refs & Annos)

512.020 Criminal mischief in the first degree

(1) A person is guilty of criminal mischief in the first degree when, having no right to do so or any reasonable ground to believe that he has such right, he intentionally or wantonly defaces, destroys or damages any property causing pecuniary loss of $1,000 or more.

(2) Criminal mischief in the first degree is a Class D felony.

CREDIT(S)

HISTORY: 1976 c 183, § 3, eff. 6-19-76; 1974 c 406, § 106

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 512.030

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 512. Criminal Damage to Property (Refs & Annos)

512.030 Criminal mischief in the second degree

(1) A person is guilty of criminal mischief in the second degree when, having no right to do so or any reasonable ground to believe that he has such right, he intentionally or wantonly defaces, destroys or damages any property causing pecuniary loss of $500 or more.

(2) Criminal mischief in the second degree is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 107, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 512.040

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 512. Criminal Damage to Property (Refs & Annos)

512.040 Criminal mischief in the third degree

(1) A person is guilty of criminal mischief in the third degree when:

(a) Having no right to do so or any reasonable ground to believe that he has such right, he intentionally or wantonly defaces, destroys or damages any property; or

(b) He tampers with property so as knowingly to endanger the person or property of another.

(2) Criminal mischief in the third degree is a Class B misdemeanor.

CREDIT(S)

HISTORY: 1976 c 183, § 4, eff. 6-19-76; 1974 c 406, § 108

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 512.050

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 512. Criminal Damage to Property (Refs & Annos)

512.050 Criminal use of noxious substance

(1) A person is guilty of criminal use of a noxious substance when he unlawfully deposits on the land or in the building or vehicle of another any stink bomb, device, or irritant with the intent to interfere with another's use of the land, building or vehicle.

(2) Criminal use of a noxious substance is a Class B misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 109, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 512.060

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 512. Criminal Damage to Property (Refs & Annos)

512.060 Criminal possession of noxious substance

(1) A person is guilty of criminal possession of a noxious substance when he possesses such substance under circumstances evincing an intent unlawfully to use or cause it to be used to inflict injury upon or to cause annoyance to a person, or to damage property of another, or to disturb the public peace.

(2) Criminal possession of a noxious substance is a Class B misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 110, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 512.070

Effective: January 1, 2013

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 512. Criminal Damage to Property (Refs & Annos)

512.070 Criminal littering; local governments may classify criminal littering as civil offenses

(1) A person is guilty of criminal littering when he:

(a) Drops or permits to drop on a highway any destructive or injurious material and does not immediately remove it; or

(b) Knowingly places or throws litter on any public or private property or in any public or private water without permission; or

(c) Negligently places or throws glass or other dangerous pointed or edged substances on or adjacent to water to which the public has access for swimming or wading or on or within fifty (50) feet of a public highway; or

(d) Discharges sewage, minerals, oil products, or litter into any public waters or lakes within the state.

(2) Criminal littering is a Class A misdemeanor.

(3) Violators may prepay to the Circuit Court clerk if prepayment is so noted on the citation and if the littering offense is not combined with an offense that is not prepayable.

(4) Notwithstanding any language or provision of this section or KRS 65.8808(3) to the contrary, the legislative body of a local government may, by ordinance, choose to classify the offenses proscribed in subsection (1) of this section as civil offenses in accordance with KRS 65.8808.

CREDIT(S)

HISTORY: 2012 c 63, § 9, eff. 1-1-13; 2002 c 342, § 10, eff. 7-15-02; 1982 c 145, § 1, eff. 7-15-82; 1974 c 406, § 111

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 512.080

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 512. Criminal Damage to Property (Refs & Annos)

512.080 Unlawfully posting advertisements

(1) A person is guilty of unlawfully posting advertisements when, having no right to do so or any reasonable ground to believe he has such a right, he posts, paints or otherwise affixes to the property of another person or to public property any advertisement, poster, notice or other matter.

(2) Unlawfully posting advertisements is a violation.

CREDIT(S)

HISTORY: 1974 c 406, § 112, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 512.090

Effective: July 12, 2012

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 512. Criminal Damage to Property (Refs & Annos)

512.090 Unlawful acts relating to acquiring metals

(1) A person is guilty of unlawful acts relating to acquiring metals when the person intentionally and without permission cuts, mutilates, defaces, or otherwise injures any personal or real property of another, including any fixtures or improvements, for the purpose of obtaining any restricted metal, nonferrous metal, or ferrous metal as defined in KRS 433.900, in any amount.

(2) Unlawful acts relating to acquiring metals is:

(a) A Class B misdemeanor with a fine of not more than two hundred fifty dollars ($250) or imprisonment in the county jail for less than ninety (90) days, or both, if the direct injury to the property, the amount of loss in value to the property, the amount of repairs necessary to return the property to its condition before the act, or the property loss, including fixtures or improvements, is less than three thousand dollars ($3,000); or

(b) A Class D felony with a fine of not less than one thousand dollars ($1,000) and not more than ten thousand dollars ($10,000) or double his or her gain from commission of the offense, whichever is the greater, or imprisonment for not less than one (1) year but not more than five (5) years, or both, if the direct injury to the property, the amount of loss in value to the property, the amount of repairs necessary to return the property to its condition before the act, or the property loss, including fixtures or improvements, is three thousand dollars ($3,000) or more.

CREDIT(S)

HISTORY: 2012 c 91, § 5, eff. 7-12-12

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS T. L, Ch. 513, Refs & Annos

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 513. Arson and Related Offenses

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 513.010

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 513. Arson and Related Offenses (Refs & Annos)

513.010 Definition of “building”

The following definition applies in this chapter unless the context otherwise requires:

“Building,” in addition to its ordinary meaning, specifically includes any dwelling, hotel, commercial structure, automobile, truck, watercraft, aircraft, trailer, sleeping car, railroad car, or other structure or vehicle, or any structure with a valid certificate of occupancy.

CREDIT(S)

HISTORY: 1982 c 56, § 1, eff. 7-15-82; 1974 c 406, § 113

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 513.020

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 513. Arson and Related Offenses (Refs & Annos)

513.020 Arson in the first degree

(1) A person is guilty of arson in the first degree when, with intent to destroy or damage a building, he starts a fire or causes an explosion, and;

(a) The building is inhabited or occupied or the person has reason to believe the building may be inhabited or occupied; or

(b) Any other person sustains serious physical injury as a result of the fire or explosion or the firefighting as a result thereof.

(2) Arson in the first degree is a Class A felony.

CREDIT(S)

HISTORY: 1982 c 56, § 2, eff. 7-15-82; 1974 c 406, § 114

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 513.030

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 513. Arson and Related Offenses (Refs & Annos)

513.030 Arson in the second degree

(1) A person is guilty of arson in the second degree when he starts a fire or causes an explosion with intent to destroy or damage a building:

(a) Of another; or

(b) Of his own or of another, to collect or facilitate the collection of insurance proceeds for such loss.

(2) In any prosecution under this section, it is a defense that:

(a) No person other than the defendant had a possessory or proprietary interest in the building, or, if other persons had such an interest, all of them consented to the defendant's conduct; and

(b) The defendant's sole intent was to destroy or damage the building for a lawful purpose.

(3) Arson in the second degree is a Class B felony.

CREDIT(S)

HISTORY: 1982 c 56, § 3, eff. 7-15-82; 1974 c 406, § 115

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 513.040

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 513. Arson and Related Offenses (Refs & Annos)

513.040 Arson in the third degree

(1) A person is guilty of arson in the third degree if he wantonly causes destruction or damage to a building of his own or of another by intentionally starting a fire or causing an explosion.

(2) In any prosecution under this section, it is a defense that no person other than the defendant had a possessory or proprietary interest in the building, or, if other persons had such an interest, all of them consented to defendant's conduct.

(3) Arson in the third degree is a Class D felony.

CREDIT(S)

HISTORY: 1982 c 56, § 4, eff. 7-15-82; 1974 c 406, § 116

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 513.060

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 513. Arson and Related Offenses (Refs & Annos)

513.060 Burning personal property to defraud insurer

(1) A person is guilty of burning personal property to defraud an insurer when, with intent to defraud or injure an insurer, he:

(a) Sets fire to, burns, or causes to be burned; or

(b) Aids, counsels, or procures the burning of any of the goods, wares, merchandise, or other personal property of himself or another, that is insured at the time against loss or damage by fire.

(2) Burning personal property to defraud an insurer is a Class D felony.

CREDIT(S)

HISTORY: 1980 c 49, § 3, eff. 7-15-80

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS T. L, Ch. 514, Refs & Annos

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 514. Theft and Related Offenses

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 514.010

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 514. Theft and Related Offenses (Refs & Annos)

514.010 Definitions

The following definitions apply in this chapter unless the context otherwise requires:

(1) “Deprive” means:

(a) To withhold property of another permanently or for so extended a period as to appropriate a major portion of its economic value or with intent to restore only upon payment of reward or other compensation; or

(b) To dispose of the property so as to make it unlikely that the owner will recover it.

(2) “Financial institution” means a bank, insurance company, credit union, building and loan association, savings and loan association, investment trust or other organization held out to the public as a place of deposit of funds or medium of savings or collective investment.

(3) “Movable property” means property the location of which can be changed, including things growing on, affixed to, or found in land, and documents although the rights represented thereby have no physical location. “Immovable property” is all other property.

(4) “Obtain” means:

(a) In relation to property, to bring about a transfer or purported transfer from another person of a legal interest in the property, whether to the obtainer or another; or

(b) In relation to labor or service, to secure performance thereof.

(5) “Propelled vehicle” means any vehicle, including but not limited to motor vehicles, aircraft, boats, or construction machinery, which is propelled otherwise than by muscle power or which is readily capable of being towed otherwise than by muscle power.

(6) “Property” means anything of value, including real estate, tangible and intangible personal property, contract rights, documents, choses-in-action and other interests in or claims to wealth, admission or transportation tickets, captured or domestic animals, food and drink.

(7) “Property of another” includes property in which any person other than the actor has an interest which the actor is not privileged to infringe, regardless of the fact that the actor also has an interest in the property and regardless of the fact that the other person might be precluded from civil recovery because the property was used in an unlawful transaction or was subject to forfeiture as contraband. Property in possession of the actor shall not be deemed property of another who has only a security interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or other security arrangement.

(8) “Receiving” means acquiring possession, control or title or lending on the security of the property.

(9) “Services” includes labor, professional service, transportation, telephone, electricity, gas, water or other public service, accommodation in hotels, restaurants or elsewhere, admission to exhibitions, use of vehicles or other movable property.

(10) “Tax liability” for purposes of this chapter means the amount of money by which a person understates the total amount of taxes due or collected and not remitted to the Commonwealth, or the amount he fails to pay to the state, or both. Any person whose income is subject to the withholding of income tax and from whose income taxes are withheld shall be considered, for purposes of this chapter, to have paid to the Commonwealth the sum of money withheld, whether or not such sum withheld is paid to the Commonwealth.

(11) “Tax return” means any return, declaration, report or form issued or prescribed by the Department of Revenue and required to be filed with the Department of Revenue as prescribed by law.

CREDIT(S)

HISTORY: 2005 c 85, § 698, eff. 6-20-05; 1982 c 238, § 7, eff. 7-15-82; 1980 c 267, § 2; 1974 c 406, § 117

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 514.020

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 514. Theft and Related Offenses (Refs & Annos)

514.020 General provisions

(1) It is a defense to prosecution for theft that the actor:

(a) Was unaware that the property or service was that of another; or

(b) Acted under a claim of right to the property or service involved or a claim that he had a right to acquire or dispose of it as he did; or

(c) Took property exposed for sale, intending to purchase and pay for it promptly, or reasonably believing that the owner, if present, would have consented.

(2) It is no defense that theft was from the actor's spouse, except that misappropriation of household and personal effects or other property normally accessible to both spouses is theft only if it involves the property of the other spouse and only if it occurs after the parties have ceased living together.

(3) It shall be prima facie evidence of intent to commit theft by deception when one who has leased or rented the personal property of another fails to return the personal property to its owner within ten (10) days after the lease or rental agreement has expired. It shall also be prima facie evidence of intent to commit theft by deception when one presents to the owner identification which is false, fictitious or not current as to name, address, place of employment or other items of identification for the purpose of obtaining the lease or rental agreement. Nothing herein contained shall relieve the owner from making demand for return of property so leased or rented. Notice addressed and mailed to the lessee or renter at the address given at the time of the making of the lease or rental agreement shall constitute proper demand.

CREDIT(S)

HISTORY: 1980 c 267, § 3, eff. 7-15-80; 1978 c 78, § 3; 1974 c 406, § 118

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 514.030

Effective: June 25, 2009

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 514. Theft and Related Offenses (Refs & Annos)

514.030 Theft by unlawful taking or disposition; penalties

(1) Except as otherwise provided in KRS 217.181 or 218A.1418, a person is guilty of theft by unlawful taking or disposition when he unlawfully:

(a) Takes or exercises control over movable property of another with intent to deprive him thereof; or

(b) Obtains immovable property of another or any interest therein with intent to benefit himself or another not entitled thereto.

(2) Theft by unlawful taking or disposition is a Class A misdemeanor unless the value of the property is five hundred dollars ($500) or more, in which case it is a Class D felony; or unless:

(a) The property is a firearm (regardless of the value of the firearm), in which case it is a Class D felony;

(b) The property is anhydrous ammonia (regardless of the value of the ammonia), in which case it is a Class D felony unless it is proven that the person violated this section with the intent to manufacture methamphetamine in violation of KRS 218A.1432, in which case it is a Class B felony for the first offense and a Class A felony for each subsequent offense; or

CREDIT(S)

HISTORY: 2009 c 106, § 6, eff. 6-25-09; 2000 c 233, § 8, eff. 7-14-00; 1998 c 301, § 9, eff. 7-15-98; 1994 c 314, § 2, eff. 7-15-94; 1992 c 451, § 1, eff. 7-14-92; 1974 c 406, § 119

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 514.040

Effective: July 15, 2010

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 514. Theft and Related Offenses (Refs & Annos)

514.040 Theft by deception

(1) A person is guilty of theft by deception when the person obtains property or services of another by deception with intent to deprive the person thereof. A person deceives when the person intentionally:

(a) Creates or reinforces a false impression, including false impressions as to law, value, intention, or other state of mind;

(b) Prevents another from acquiring information which would affect judgment of a transaction;

(c) Fails to correct a false impression which the deceiver previously created or reinforced or which the deceiver knows to be influencing another to whom the person stands in a fiduciary or confidential relationship;

(d) Fails to disclose a known lien, adverse claim, or other legal impediment to the enjoyment of property which the person transfers or encumbers in consideration for the property obtained, whether the impediment is or is not valid or is or is not a matter of official record; or

(e) Issues or passes a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee.

(2) The term “deceive” does not, however, include falsity as to matters having no pecuniary significance or puffing by statements unlikely to deceive ordinary persons in the group addressed.

(3) Deception as to a person's intention to perform a promise shall not be inferred from the fact alone that he did not subsequently perform the promise.

(4) For purposes of subsection (1) of this section, a maker of a check or similar sight order for the payment of money is presumed to know that the check or order, other than a postdated check or order, would not be paid, if:

(a) The maker had no account with the drawee at the time the check or order was issued; or

(b) Payment was refused by the drawee for lack of funds, upon presentation within thirty (30) days after issue, and the maker failed to make good within ten (10) days after receiving notice of that refusal. Notice of the refusal may include a citation to this section and a description of this section's criminal penalties and shall be deemed properly addressed when mailed to the address printed or written on the check or sight order or provided by the drawer or maker upon issuance of the check or sight order. The notice, if mailed, shall be deemed received by the addressee seven (7) days after it is placed in the United States mail. The notice may be sent by first-class mail if supported by an affidavit of service setting out the contents of the notice, the address to which the notice was mailed, that correct postage was applied, and the date the notice was placed in the United States mail. A maker makes good on a check or similar sight order for the payment of money by paying to the holder the face amount of the instrument, together with any merchant's posted bad check handling fee not to exceed fifty dollars ($50) and any fee imposed pursuant to subsection (5) of this section.

(5) If a county attorney issues notice to a maker that a drawee has refused to honor an instrument due to a lack of funds as described in subsection (4)(b) of this section, the county attorney may charge a fee to the maker of fifty dollars ($50), if the instrument is paid. Money paid to the county attorney pursuant to this section shall be used only for payment of county attorney office operating expenses. Excess fees held by the county attorney on June 30 of each year shall be turned over to the county treasurer before the end of the next fiscal year for use by the fiscal court of the county.

(6) A person is guilty of theft by deception when the person issues a check or similar sight order in payment of all or any part of any tax payable to the Commonwealth knowing that it will not be honored by the drawee.

(7) A person is guilty of theft by deception when the person issues a check or similar sight order in payment of all or any part of a child support obligation knowing that it will not be honored by the drawee.

(8) Theft by deception is a Class A misdemeanor unless the value of the property, service, or the amount of the check or sight order referred to in subsection (6) or (7) of this section is:

(a) Five hundred dollars ($500) or more but less than ten thousand dollars ($10,000), in which case it is a Class D felony; or

(b) Ten thousand dollars ($10,000) or more, in which case it is a Class C felony.

CREDIT(S)

HISTORY: 2010 c 160, § 17, eff. 7-15-10; 2009 c 106, § 7, eff. 6-25-09; 2008 c 84, § 1, eff. 7-15-08; 2005 c 180, § 1, eff. 6-20-05; 2000 c 410, § 1, eff. 7-14-00; 1994 c 465, § 1, c 330, § 21, eff. 7-15-94; 1992 c 434, § 5, c 451, § 2, eff. 7-14-92; 1986 c 207, § 1; 1982 c 238, § 8, c 305, § 1; 1974 c 406, § 120

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 514.050

Effective: June 25, 2009

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 514. Theft and Related Offenses (Refs & Annos)

514.050 Theft of property lost, mislaid, or delivered by mistake

(1) Except as provided in KRS 365.710, a person is guilty of theft of property lost, mislaid, or delivered by mistake when:

(a) He comes into control of the property of another that he knows to have been lost, mislaid, or delivered under a mistake as to the nature or amount of the property or the identity of the recipient; and

(b) With intent to deprive the owner thereof, he fails to take reasonable measures to restore the property to a person entitled to have it.

(2) Theft of property lost, mislaid, or delivered by mistake is a Class A misdemeanor unless the value of the property is:

(a) Five hundred dollars ($500) or more but less than ten thousand dollars ($10,000), in which case it is a Class D felony; or

(b) Ten thousand dollars ($10,000) or more, in which case it is a Class C felony.

CREDIT(S)

HISTORY: 2009 c 106, § 8, eff. 6-25-09; 1992 c 451, § 3, eff. 7-14-92; 1974 c 406, § 121

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 514.060

Effective: June 25, 2009

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 514. Theft and Related Offenses (Refs & Annos)

514.060 Theft of services

(1) A person is guilty of theft of services when:

(a) The person intentionally obtains services by deception or threat or by false token or other means to avoid payment for the services which he knows are available only for compensation;

(b) The person intentionally obtains wireless communications services or access to services by any of the following means:

1. Unauthorized interception of any electronic serial number, mobile identification number, personal identification number, or like identifying number;

2. Unauthorized interception of any cellular service or personal communications service as terms may be defined in 47 C.F.R. parts 22 and 24 respectively;

3. Unauthorized interception of any similar telephone service; or

4. Use of deception, threat, or other means to avoid payment for the services which the person knows are available only for charge or compensation; or

(c) Having control over or unauthorized access to the use of the services of others to which the person is not entitled, the person intentionally diverts the services to the person's own benefit or the benefit of another not entitled thereto.

(2) Where compensation for services is ordinarily paid immediately upon the rendering of the services, as in the case of hotels and restaurants, refusal to pay or absconding without payment or offer to pay shall be prima facie evidence that the services were obtained by deception as to intention to pay.

(3) In any prosecution for theft of gas, water, electricity, or other public service, where the utility supplying the service had installed a meter or other device to record the amount of service supplied, proof that:

(a) The meter or other device has been altered, tampered with, or bypassed in a manner so as to prevent or reduce the recording thereof; or

(b) Service has been, after having been disconnected by the utility supplying service, reconnected without authorization of the utility

shall be prima facie evidence of the intent to commit theft of service by the person or persons obligated to pay for service supplied through the meter or other device.

(4) Theft of services is a Class A misdemeanor unless the value of the service is:

(a) Five hundred dollars ($500) or more but less than ten thousand dollars ($10,000), in which case it is a Class D felony; or

(b) Ten thousand dollars ($10,000) or more, in which case it is a Class C felony.

CREDIT(S)

HISTORY: 2009 c 106, § 9, eff. 6-25-09; 1998 c 568, § 1, eff. 7-15-98; 1992 c 451, § 4, eff. 7-14-92; 1980 c 99, § 1; 1974 c 406, § 122

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 514.065

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 514. Theft and Related Offenses (Refs & Annos)

514.065 Possession, use, or transfer of device for theft of telecommunications services

(1) As used in this section, “telecommunications service” means any communication service ordinarily provided for a charge or compensation to facilitate the origination, transmission, emission, or reception of signs, signals, writings, images, sounds, or intelligence of any nature by telephone, including but not limited to cellular and personal communications service, as terms may be defined in 47 C.F.R. parts 22 and 24, respectively, telephones, wire, radio, electromagnetic, photoelectronic, or photooptical systems, but excluding cable television services, even if provided by a telephone utility.

(2) A person is guilty of possession, use, or transfer for use of a device for theft of telecommunications services when the person:

(a) Makes, assembles, or possesses any instrument, apparatus, equipment, or device designed, modified, altered, programmed, reprogrammed, or otherwise adapted for or used for commission of a theft of telecommunications services in violation of KRS 514.060; or

(b) Sells, gives, transports, or otherwise transfers to another, or offers or advertises to sell, give, or otherwise transfer any instrument, apparatus, equipment, or device described in paragraph (a) of this subsection, or plans or instructions for making or assembling the same under circumstances evincing an intent to use or employ the instrument, apparatus, equipment, or device, or to allow the same to be used or employed, for a purpose described in paragraph (a) of this subsection, or knowing or having reason to believe that the same is intended to be so used, or that the aforesaid plans or instructions are intended to be used for making or assembling the instrument, apparatus, equipment, or device.

(3) An instrument, apparatus, equipment or device described in paragraph (a) of subsection (2) of this section shall not include any instrument, apparatus, equipment, or device authorized or approved or otherwise permitted by an agency of the federal government or the Commonwealth of Kentucky.

(4) Possession, use, or transfer for use of a device for theft of telecommunications services is a Class A misdemeanor unless the defendant has previously been convicted of violating this section, in which case it is a Class D felony.

(5) Notwithstanding any other provision of this chapter, any instrument, apparatus, equipment, or device designed, modified, altered, programmed, reprogrammed, or otherwise adapted for or used for commission of a theft of telecommunications service in violation of KRS 514.060, may be seized under warrant or incident to a lawful arrest for the violation of KRS 514.060, and, upon the conviction of any person for a violation, the court shall order any instrument, apparatus, equipment, device, or plans or instructions for making or assembling them forfeited to the state or destroyed in accordance with KRS 500.090(1)(a), or if requested by the person providing the telecommunications service in the territory in which they were seized, turned over to the telecommunications service provider.

CREDIT(S)

HISTORY: 1998 c 568, § 2, eff. 7-15-98; 1980 c 330, eff. 7-15-80

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 514.070

Effective: June 25, 2009

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 514. Theft and Related Offenses (Refs & Annos)

514.070 Theft by failure to make required disposition of property

(1) A person is guilty of theft by failure to make required disposition of property received when:

(a) He obtains property upon agreement or subject to a known legal obligation to make specified payment or other disposition whether from such property or its proceeds or from his own property to be reserved in equivalent amount; and

(b) He intentionally deals with the property as his own and fails to make the required payment or disposition.

(2) The provisions of subsection (1) apply notwithstanding that it may be impossible to identify particular property as belonging to the victim at the time of the actor's failure to make the required payment or disposition.

(3) An officer or employee of the government or of a financial institution is presumed:

(a) To know any legal obligation relevant to his criminal liability under this section; and

(b) To have dealt with the property as his own when:

1. He fails to account or pay upon lawful demand; or

2. An audit reveals a shortage or falsification of accounts.

(4) Theft by failure to make required disposition of property received is a Class A misdemeanor unless the value of the property is:

(a) Five hundred dollars ($500) or more but less than ten thousand dollars ($10,000), in which case it is a Class D felony; or

(b) Ten thousand dollars ($10,000) or more, in which case it is a Class C felony.

(5) No person shall be convicted of theft by failure to make required disposition of property received when he or she has also been convicted of a violation of KRS 522.050 arising out of the same incident.

CREDIT(S)

HISTORY: 2009 c 106, § 10, eff. 6-25-09; 2003 c 76, § 2, eff. 6-24-03; 1992 c 451, § 5, eff. 7-14-92; 1974 c 406, § 123

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 514.080

Effective: June 25, 2009

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 514. Theft and Related Offenses (Refs & Annos)

514.080 Theft by extortion

(1) A person is guilty of theft by extortion when he intentionally obtains property of another by threatening to:

(a) Inflict bodily injury on anyone or commit any other criminal offense; or

(b) Accuse anyone of a criminal offense; or

(c) Expose any secret tending to subject any person to hatred, contempt, or ridicule, or to impair his credit or business repute; or

(d) Use wrongfully his position as a public officer or servant or employee by performing some act within or related to his official duties, either expressed or implied, or by refusing or omitting to perform an official duty, either expressed or implied, in a manner affecting some person adversely; or

(e) Bring about or continue a strike, boycott, or other collective unofficial action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act; or

(f) Testify or provide information or withhold testimony or information with respect to another's legal claim or defense.

(2) It is a defense to prosecution based on subsection (1)(b), (c), or (d) that the property obtained by threat of accusation, exposure, lawsuit, or other invocation of official action was claimed as restitution or indemnification for harm done in the circumstances to which accusation, exposure, lawsuit, or other official action relates, or as compensation for property or lawful services.

(3) Theft by extortion is a Class A misdemeanor unless the value of the property obtained is:

(a) Five hundred dollars ($500) or more but less than ten thousand dollars ($10,000), in which case it is a Class D felony; or

(b) Ten thousand dollars ($10,000) or more, in which case it is a Class C felony.

CREDIT(S)

HISTORY: 2009 c 106, § 11, eff. 6-25-09; 1992 c 451, § 6, eff. 7-14-92; 1974 c 406, § 124

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 514.090

Effective: June 25, 2009

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 514. Theft and Related Offenses (Refs & Annos)

514.090 Theft of labor already rendered

(1) A person is guilty of theft of labor already rendered when, in payment of labor already rendered by another, he intentionally issues or passes a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee.

(2) For purposes of subsection (1) of this section, an issuer of a check or similar sight order for the payment of money is presumed to know that the check or order, other than a postdated check or order, would not be paid, if:

(a) The issuer had no account with the drawee at the time the check or order was issued; or

(b) Payment was refused by the drawee for lack of funds, upon presentation within thirty days (30) after issue, and the issuer failed to make good within ten (10) days after receiving notice of that refusal.

(3) Theft of labor already rendered is a Class A misdemeanor unless the value of the labor rendered is:

(a) Five hundred dollars ($500) or more but less than ten thousand dollars ($10,000), in which case it is a Class D felony; or

(b) Ten thousand dollars ($10,000) or more, in which case it is a Class C felony.

CREDIT(S)

HISTORY: 2009 c 106, § 12, eff. 6-25-09; 1992 c 451, § 7, eff. 7-14-92; 1974 c 406, § 125

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 514.100

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 514. Theft and Related Offenses (Refs & Annos)

514.100 Unauthorized use of automobile or other propelled vehicle

(1) A person is guilty of the unauthorized use of an automobile or other propelled vehicle when he knowingly operates, exercises control over, or otherwise uses such vehicle without consent of the owner or person having legal possession thereof.

(2) Unauthorized use of an automobile or other propelled vehicle is a Class A misdemeanor unless the defendant has previously been convicted of this offense, or of violation of KRS 514.030 for having stolen an automobile or other propelled vehicle in which case it shall be a Class D felony.

CREDIT(S)

HISTORY: 1980 c 267, § 4, eff. 7-15-80; 1974 c 406, § 126

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 514.110

Effective: June 25, 2009

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 514. Theft and Related Offenses (Refs & Annos)

514.110 Receiving stolen property

(1) A person is guilty of receiving stolen property when he receives, retains, or disposes of movable property of another knowing that it has been stolen, or having reason to believe that it has been stolen, unless the property is received, retained, or disposed of with intent to restore it to the owner.

(2) The possession by any person of any recently stolen movable property shall be prima facie evidence that such person knew such property was stolen.

(3) Receiving stolen property is a Class A misdemeanor unless:

(a) The value of the property is five hundred dollars ($500) or more but less than ten thousand dollars ($10,000), in which case it is a Class D felony;

(b) The value of the property is ten thousand dollars ($10,000) or more, in which case it is a Class C felony;

(d) The property is anhydrous ammonia, regardless of the value of the ammonia, in which case it is a Class D felony unless it is proven that the person violated this section with the intent to manufacture methamphetamine in violation of KRS 218A.1432, in which case it is a Class B felony for the first offense and a Class A felony for each subsequent offense.

CREDIT(S)

HISTORY: 2009 c 106, § 13, eff. 6-25-09; 2000 c 233, § 9, c 490, § 2, eff. 7-14-00; 1994 c 314, § 1, c 396, § 9, eff. 7-15-94; 1974 c 406, § 127, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 514.120

Effective: June 25, 2009

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 514. Theft and Related Offenses (Refs & Annos)

514.120 Obscuring identity of machine or other property

(1) A person is guilty of obscuring the identity of a machine or other property when he or she:

(a) Removes, defaces, covers, alters, destroys, or otherwise obscures the manufacturer's serial number or any other distinguishing identification number or mark, including property marked with a Social Security number or motor vehicle operator's license number for identification purposes, upon any automobile or other propelled vehicle, machine, or electrical or mechanical device, or other property, including any part thereof, with intent to render it or other property unidentifiable; or

(b) Possesses any automobile or other propelled vehicle, machine, or electrical or mechanical device, or other property, including any part thereof, knowing that the serial number or other identification number or mark, including property marked with a Social Security number for identification purposes, has been removed, defaced, covered, altered, destroyed, or otherwise obscured.

(2) Possession of any automobile or other propelled vehicle, machine, or electrical or mechanical device, or other property, including any part thereof, on which the serial number or any other distinguishing identification number or mark, including property marked with a Social Security number or motor vehicle operator's license number for identification purposes, has been removed, defaced, covered, altered, destroyed, or otherwise obscured is prima facie evidence of knowledge of that fact.

(3) A person in possession of any property which is otherwise in violation of this section may apply in writing to the Department of Kentucky State Police, through any law enforcement agency in the county of his or her residence, for assignment of a number for the property providing he or she can show that he or she is the lawful owner of the property pursuant to the provisions of this section and KRS 16.200 and 500.090. If a number is issued in conformity with the provisions of this section and KRS 16.200 and 500.090, then the person to whom it was issued and any person to whom the property is lawfully disposed of shall not be in violation of these sections. A person lawfully holding a certification issued pursuant to KRS 500.090 shall also be deemed in compliance with this section. This section shall apply only when the application has been filed by the defendant prior to arrest or authorization of a warrant of arrest for the defendant by a court.

(4) Obscuring the identity of a machine or other property is a Class A misdemeanor unless the value of the property is:

(a) Five hundred dollars ($500) or more but less than ten thousand dollars ($10,000), in which case it is a Class D felony; or

(b) Ten thousand dollars ($10,000) or more, in which case it is a Class C felony.

CREDIT(S)

HISTORY: 2009 c 106, § 14, eff. 6-25-09; 2007 c 85, § 327, eff. 6-26-07; 1992 c 451, § 8, eff. 7-14-92; 1980 c 267, § 5; 1978 c 78, § 4; 1974 c 406, § 128

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 514.130

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 514. Theft and Related Offenses (Refs & Annos)

514.130 Seizure and forfeiture of certain property

(1) Upon the conviction of any person for the violation of any offense in this chapter all property held in violation of this chapter, and any personal property, including but not limited to vehicles or aircraft, used in the commission or furtherance of an offense under this chapter or in the transportation of stolen property shall be forfeited as provided in KRS 500.090 by court order and sold, destroyed or otherwise disposed of in accordance with KRS 500.090.

(2) Possession of a vehicle with a stolen major part or parts installed thereon shall be deemed to bring the entire vehicle within the provisions of subsection (1) of this section.

(3) For the purposes of this section a major part of an automobile or other propelled vehicle shall mean:

(a) The engine;

(b) The frame;

(d) The front cap (“dog house”);

(e) The front clip;

(f) The rear clip;

(g) The top clip;

(h) The cowl clip;

(i) A door;

(j) A truck bed;

(k) A truck cab; or

(l) A vehicle body shell.

(4) It shall be the duty of every peace officer to seize any property which is subject to forfeiture under this section.

CREDIT(S)

HISTORY: 1980 c 267, § 6, eff. 7-15-80

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 514.140

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 514. Theft and Related Offenses (Refs & Annos)

514.140 Theft of mail matter

(1) A person is guilty of theft of mail matter when with intent to deprive the owner thereof he:

(a) Steals;

(b) By fraud or deception obtains;

(d) Conceals;

(e) Damages; or

(f) Destroys;

any mail matter of another (including but not limited to any letter, postal card, package, bag, or other item) from any letterbox, mail receptacle, or other authorized depository for mail matter, or from a letter carrier, postal vehicle, or private mail box or which has been left for collection or delivery adjacent thereto by the United States Postal Service.

(2) Theft of mail matter is a Class D felony.

CREDIT(S)

HISTORY: 1982 c 425, § 1, eff. 7-15-82

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 514.150

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 514. Theft and Related Offenses (Refs & Annos)

514.150 Possession of stolen mail matter

(1) A person is guilty of possession of stolen mail matter when he knowingly or having reason to believe that it has been the subject of theft in violation of KRS 514.140:

(a) Possesses;

(b) Buys;

(d) Conceals;

(e) Deals in; or

(f) Sells;

any mail matter (as defined in KRS 514.140).

(2) Possession of stolen mail matter is a Class D felony.

CREDIT(S)

HISTORY: 1982 c 425, § 2, eff. 7-15-82

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 514.160

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 514. Theft and Related Offenses (Refs & Annos)

514.160 Theft of identity

(1) A person is guilty of the theft of the identity of another when he or she knowingly possesses or uses any current or former identifying information of the other person or family member or ancestor of the other person, such as that person's or family member's or ancestor's name, address, telephone number, electronic mail address, Social Security number, driver's license number, birth date, personal identification number or code, and any other information which could be used to identify the person, including unique biometric data, with the intent to represent that he or she is the other person for the purpose of:

(a) Depriving the other person of property;

(b) Obtaining benefits or property to which he or she would otherwise not be entitled;

(d) Avoiding detection; or

(e) Commercial or political benefit.

(2) Theft of identity is a Class D felony. If the person violating this section is a business that has violated this section on more than one (1) occasion, then that person also violates the Consumer Protection Act, KRS 367.110 to 367.300.

(3) This section shall not apply when a person obtains the identity of another to misrepresent his or her age for the purpose of obtaining alcoholic beverages, tobacco, or another privilege denied to minors.

(4) This section does not apply to credit or debit card fraud under KRS 434.550 to 434.730.

(5) Where the offense consists of theft by obtaining or trafficking in the personal identity of another person, the venue of the prosecution may be in either the county where the offense was committed or the county where the other person resides.

(6) A person found guilty of violating any provisions of this section shall forfeit any lawful claim to the identifying information, property, or other realized benefit of the other person as a result of such violation.

CREDIT(S)

HISTORY: 2002 c 175, § 8, eff. 7-15-02; 2000 c 174, § 1, eff. 7-14-00

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 514.170

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 514. Theft and Related Offenses (Refs & Annos)

514.170 Trafficking in stolen identities

(1) A person is guilty of trafficking in stolen identities when he or she manufactures, sells, transfers, or purchases, or possesses with the intent to manufacture, sell, transfer, or purchase the personal identity of another person or persons for any purpose listed in KRS 514.160(1). The personal identity of an individual includes any of the identifying information described in KRS 514.160(1).

(2) Possession of five (5) or more separate identities shall be prima facie evidence that the identities are possessed for the purpose of trafficking.

(3) Trafficking in stolen identities is a Class C felony. If the person violating this section is a business that has violated this section on more than one (1) occasion, then that person also violates the Consumer Protection Act, KRS 367.110 to 367.300.

CREDIT(S)

HISTORY: 2002 c 175, § 9, eff. 7-15-02; 2000 c 174, § 2, eff. 7-14-00

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS T. L, Ch. 515, Refs & Annos

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 515. Robbery

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 515.010

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 515. Robbery (Refs & Annos)

515.010 Definition

The following definition applies in this chapter, unless the context otherwise requires:

“Physical force” means force used upon or directed toward the body of another person.

CREDIT(S)

HISTORY: 1974 c 406, § 129, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 515.020

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 515. Robbery (Refs & Annos)

515.020 Robbery in the first degree

(1) A person is guilty of robbery in the first degree when, in the course of committing theft, he uses or threatens the immediate use of physical force upon another person with intent to accomplish the theft and when he:

(a) Causes physical injury to any person who is not a participant in the crime; or

(b) Is armed with a deadly weapon; or

(2) Robbery in the first degree is a Class B felony.

CREDIT(S)

HISTORY: 1974 c 406, § 130, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 515.030

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 515. Robbery (Refs & Annos)

515.030 Robbery in the second degree

(1) A person is guilty of robbery in the second degree when, in the course of committing theft, he uses or threatens the immediate use of physical force upon another person with intent to accomplish the theft.

(2) Robbery in the second degree is a Class C felony.

CREDIT(S)

HISTORY: 1974 c 406, § 131, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS T. L, Ch. 516, Refs & Annos

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 516. Forgery and Related Offenses

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 516.010

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 516. Forgery and Related Offenses (Refs & Annos)

516.010 Definitions

The following definitions apply in this chapter unless the context otherwise requires:

(1) “Coin machine” means a coin box, turnstile, vending machine, or other mechanical or electronic device or receptacle designed:

(a) To receive a coin or bill or token made for the purpose; and

(b) In return for the insertion or deposit thereof, automatically to offer, provide, assist in providing, or permit the acquisition of property or service;

(2) “Complete written instrument” means a written instrument which purports to be a genuine written instrument fully drawn with respect to every essential feature thereof;

(3) “Controlled substance” has the same meaning as it does in KRS 218A.010;

(4) “Incomplete written instrument” means a written instrument which contains some matter by way of content or authentication but which requires additional matter in order to render it a complete written instrument;

(5) To “falsely alter” a written instrument means to change, without the authority of anyone entitled to grant it, a written instrument, whether it be in complete or incomplete form, by means of erasure, obliteration, deletion, insertion of new matter, transposition of matter, or in any other manner, so that such instrument in its thus altered form appears or purports to be in all respects an authentic creation of or fully authorized by its ostensible maker or drawer;

(6) To “falsely complete” a written instrument means to transform, by adding, inserting or changing matter, an incomplete written instrument into a complete one, without the authority of anyone entitled to grant it, so that the complete instrument appears or purports to be in all respects an authentic creation of or fully authorized by its ostensible maker or drawer;

(7) To “falsely make” a written instrument means to make or draw a complete written instrument in its entirety or an incomplete written instrument, which purports to be an authentic creation of its ostensible maker or drawer, but which is not either because the ostensible maker or drawer is fictitious or because, if real, he did not authorize the making or drawing thereof;

(8) “Forged instrument” means a written instrument which has been falsely made, completed, or altered;

(9) “Slug” means an object or article which by virtue of its size, shape, or any other quality is capable of being inserted, deposited, or otherwise used in a coin machine as an improper substitute for a genuine coin, bill, or token;

(10) “Value of the slug” means the value of the coin, bill, or token for which it is capable of being substituted; and

(11) “Written instrument” means any instrument or article containing written or printed matter or its equivalent used for the purpose of reciting, embodying, conveying, or recording information, or constituting a symbol or evidence of value, right, privilege, or identification, which is capable of being used to the advantage or disadvantage of some person.

CREDIT(S)

HISTORY: 2004 c 94, § 3, eff. 7-13-04; 1974 c 406, § 132, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 516.020

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 516. Forgery and Related Offenses (Refs & Annos)

516.020 Forgery in the first degree

(1) A person is guilty of forgery in the first degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument which is or purports to be or which is calculated to become or to represent when completed:

(a) Part of an issue of money, stamps, securities or other valuable instruments issued by a government or governmental agency; or

(b) Part of an issue of stock, bonds or other instruments representing interests in or claims against a corporate or other organization or its property.

(2) Forgery in the first degree is a Class C felony.

CREDIT(S)

HISTORY: 1974 c 406, § 133, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 516.030

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 516. Forgery and Related Offenses (Refs & Annos)

516.030 Forgery in the second degree

(1) A person is guilty of forgery in the second degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument which is or purports to be or which is calculated to become or to represent when completed:

(a) A deed, will, codicil, contract, assignment, commercial instrument, credit card or other instrument which does or may evidence, create, transfer, terminate or otherwise affect a legal right, interest, obligation or status; or

(b) A public record or an instrument filed or required or authorized by law to be filed in or with a public office or public employee; or

(2) Forgery in the second degree is a Class D felony.

CREDIT(S)

HISTORY: 1974 c 406, § 134, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 516.040

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 516. Forgery and Related Offenses (Refs & Annos)

516.040 Forgery in the third degree

(1) A person is guilty of forgery in the third degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument.

(2) Forgery in the third degree is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 135, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 516.050

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 516. Forgery and Related Offenses (Refs & Annos)

516.050 Criminal possession of forged instrument in the first degree

(1) A person is guilty of criminal possession of a forged instrument in the first degree when, with knowledge that it is forged and with intent to defraud, deceive or injure another, he utters or possesses any forged instrument of a kind specified in KRS 516.020.

(2) Criminal possession of a forged instrument in the first degree is a Class C felony.

CREDIT(S)

HISTORY: 1974 c 406, § 136, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 516.060

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 516. Forgery and Related Offenses (Refs & Annos)

516.060 Criminal possession of forged instrument in the second degree

(1) A person is guilty of criminal possession of a forged instrument in the second degree when, with knowledge that it is forged and with intent to defraud, deceive or injure another, he utters or possesses any forged instrument of a kind specified in KRS 516.030.

(2) Criminal possession of a forged instrument in the second degree is a Class D felony.

CREDIT(S)

HISTORY: 1974 c 406, § 137, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 516.070

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 516. Forgery and Related Offenses (Refs & Annos)

516.070 Criminal possession of forged instrument in the third degree

(1) A person is guilty of criminal possession of a forged instrument in the third degree when, with knowledge that it is forged and with intent to defraud, deceive or injure another, he utters or possesses a forged instrument.

(2) Criminal possession of a forged instrument in the third degree is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 138, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 516.080

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 516. Forgery and Related Offenses (Refs & Annos)

516.080 Limitations on criminal liability

A person may not be convicted of both forgery and criminal possession of a forged instrument with respect to the same instrument.

CREDIT(S)

HISTORY: 1974 c 406, § 139, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 516.090

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 516. Forgery and Related Offenses (Refs & Annos)

516.090 Possession of forgery device

(1) A person is guilty of possession of a forgery device when he:

(a) Makes or possesses with knowledge of its character any plate, die or other device, apparatus, equipment or article specifically designed or adapted for use in forging written instruments; or

(b) Makes or possesses with knowledge of its character any device, apparatus, equipment or article capable of or adaptable to use in forging written instruments with intent to use it himself or to aid or permit another to use it for purposes of forgery.

(2) Possession of a forgery device is a Class D felony.

CREDIT(S)

HISTORY: 1974 c 406, § 140, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 516.100

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 516. Forgery and Related Offenses (Refs & Annos)

516.100 Forfeiture of forgery device

Any forgery device which is made, possessed or used in violation of this chapter is forfeited to the state and shall be disposed of in accordance with KRS 500.090.

CREDIT(S)

HISTORY: 1974 c 406, § 141, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 516.108

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 516. Forgery and Related Offenses (Refs & Annos)

516.108 Criminal simulation in the first degree

(1) A person is guilty of criminal simulation in the first degree when he or she knowingly manufactures, markets, or distributes any product which is intended to defraud a test designed to detect the presence of alcohol or a controlled substance.

(2) Criminal simulation in the first degree is a Class D felony.

CREDIT(S)

HISTORY: 2004 c 94, § 1, eff. 7-13-04

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 516.110

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 516. Forgery and Related Offenses (Refs & Annos)

516.110 Criminal simulation in the second degree

(1) A person is guilty of criminal simulation in the second degree when, with intent to defraud, he or she:

(a) Makes or alters any object in such manner that it appears to have an antiquity, rarity, source, or authorship which it does not in fact possess;

(b) Uses any product to alter the results of a test designed to detect the presence of alcohol or a controlled substance in that person; or

(2) Criminal simulation in the second degree is a Class A misdemeanor.

CREDIT(S)

HISTORY: 2004 c 94, § 2, eff. 7-13-04; 1974 c 406, § 142, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 516.120

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 516. Forgery and Related Offenses (Refs & Annos)

516.120 Using slugs in the first degree

(1) A person is guilty of unlawfully using slugs in the first degree when:

(a) He makes, possesses or disposes of slugs with intent to enable a person to insert, deposit or use them in a coin machine; and

(b) The value of such slugs exceeds $100.

(2) Unlawfully using slugs in the first degree is a Class D felony.

CREDIT(S)

HISTORY: 1974 c 406, § 143, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 516.130

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 516. Forgery and Related Offenses (Refs & Annos)

516.130 Using slugs in the second degree

(1) A person is guilty of unlawfully using slugs in the second degree when:

(a) With intent to defraud the owner, licensee or lessee of a coin machine, he inserts, deposits or uses a slug in such machine; or

(b) He makes, possesses or disposes of a slug with intent to enable a person to insert, deposit or use it in a coin machine.

(2) Unlawfully using slugs in the second degree is a Class B misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 144, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS T. L, Ch. 517, Refs & Annos

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 517. Business and Commercial Frauds

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 517.010

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 517. Business and Commercial Frauds (Refs & Annos)

517.010 Definitions for chapter

The following definitions apply in this chapter, unless the context otherwise requires:

(1) “Adulterated” means varying from the standard of composition or quality prescribed by statute or lawfully promulgated administrative regulation or, if none, as set by established commercial usage.

(2) “Business record” means any writing or article kept or maintained by an enterprise for the purpose of evidencing or reflecting its condition or activity.

(3) “Enterprise” means any entity of one (1) or more persons, corporate or otherwise, public or private, engaged in business, commercial, professional, industrial, eleemosynary, social, political, or governmental activity.

(4) “Fiduciary” means a trustee, guardian, executor, administrator, receiver, and any person carrying on fiduciary functions on behalf of a corporation or other organization which is a fiduciary.

(5) “Mislabeled” means:

(a) Varying from the standard of truth or disclosure in labeling prescribed by statute or lawfully promulgated administrative regulation or, if none, as set by established commercial usage; or

(b) Represented as being another person's product, though otherwise labeled accurately as to quality or quantity.

(6) “Sham or front company” means any business established or in existence which falsely represents that business to be a minority business enterprise, or disadvantaged business enterprise, as defined in 79 C.F.R. 23.5 or 15 C.F.R. 1400.2, operated or operating for the purpose of obtaining funds, contracts, subcontracts, services, or other benefits from any local government, local government agency, or special district of this Commonwealth from the Commonwealth, or any state government agency or public corporation of this Commonwealth, or from the United States government or any federal government agency.

CREDIT(S)

HISTORY: 1994 c 476, § 2, eff. 7-15-94; 1974 c 406, § 145, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 517.020

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 517. Business and Commercial Frauds (Refs & Annos)

517.020 Deceptive business practices

(1) A person is guilty of deceptive business practices when, in the course of engaging in a business, occupation or profession, he knowingly:

(a) Uses or possesses for use a false weight or measure or any other device for falsely determining or recording any quality or quantity; or

(b) Sells, offers or exposes for sale, or delivers less than the represented quantity of any commodity or service; or

(c) Takes or attempts to take more than the represented quantity of any commodity, thing or service when as a buyer, agency or receiver he furnishes the weight, measure, or weighing or measuring device by means of which the amount of the commodity, thing or service is determined; or

(d) Sells, offers or exposes for sale adulterated commodities; or

(e) Sells, offers or exposes for sale mislabeled commodities.

(2) Deceptive business practices is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 146, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 517.030

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 517. Business and Commercial Frauds (Refs & Annos)

517.030 False advertising

(1) A person is guilty of false advertising when, in connection with the promotion of the sale of or to increase the consumption of property or services, he knowingly makes or causes to be made a false or misleading statement in any advertisement addressed to the public or to a substantial number of persons.

(2) False advertising is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 147, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 517.040

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 517. Business and Commercial Frauds (Refs & Annos)

517.040 Bait advertising

(1) A person is guilty of bait advertising when in any manner, including advertising or other means of communication, he offers to the public or a substantial number of persons property or services as part of a scheme or plan with the intent not to sell or provide the advertised property or services:

(a) At the price at which he offered them; or

(b) In a quantity sufficient to meet the reasonably expected public demand, unless the quantity is specifically stated in the advertisement; or

(2) Bait advertising is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 148, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 517.050

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 517. Business and Commercial Frauds (Refs & Annos)

517.050 Falsifying business records

(1) A person is guilty of falsifying business records when, with intent to defraud, he:

(a) Makes or causes a false entry to be made in the business records of an enterprise; or

(b) Alters, erases, obliterates, deletes, removes or destroys a true entry in the business records of an enterprise; or

(c) Omits to make a true entry in the business records of an enterprise in violation of a duty to do so which he knows to be imposed upon him by law or by the nature of his position; or

(d) Prevents the making of a true entry or causes the omission thereof in the business records of an enterprise.

(2) Falsifying business records is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 149, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 517.060

Effective: July 12, 2012

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 517. Business and Commercial Frauds (Refs & Annos)

517.060 Defrauding secured creditors

(1) A person is guilty of defrauding secured creditors when he destroys, damages, removes, conceals, encumbers, transfers, or otherwise deals with property subject to a security interest with intent either to lower the value of the secured interest or unlawfully to hinder enforcement of that interest.

(2) Defrauding secured creditors is a Class A misdemeanor unless the value of the property subject to the security interest is:

(a) Five hundred dollars ($500) or more up to ten thousand dollars ($10,000), in which case it is a Class D felony; or

(b) Ten thousand dollars ($10,000) or more, in which case it is a Class C felony.

CREDIT(S)

HISTORY: 2012 c 93, § 3, eff. 7-12-12; 1978 c 342, § 1, eff. 6-17-78; 1974 c 406, § 150

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 517.070

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 517. Business and Commercial Frauds (Refs & Annos)

517.070 Defrauding judgment creditors

(1) A person is guilty of defrauding judgment creditors when he secretes, assigns, conveys or otherwise disposes of his property with intent to defraud a judgment creditor or to prevent that property from being subjected to payment of a judgment.

(2) Defrauding judgment creditors is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 151, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 517.080

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 517. Business and Commercial Frauds (Refs & Annos)

517.080 Fraud in insolvency

(1) A person is guilty of fraud in insolvency when, knowing that proceedings have been or are about to be instituted for the appointment of a receiver or other person entitled to administer property for the benefit of creditors, or that any other composition or liquidation for the benefit of creditors has been or is about to be made, he:

(a) Destroys, removes, conceals, encumbers, transfers or otherwise deals with any property with intent to defeat or obstruct the claim of any creditor, or otherwise to obstruct the operation of any law relating to administration of property for the benefit of creditors; or

(b) Knowingly falsifies any writing or record relating to the property; or

(c) Knowingly misrepresents or refuses to disclose to a receiver or other person entitled to administer property for the benefit of creditors, the existence, amount or location of the property, or any other information which the actor would be legally required to furnish to such administrator.

(2) Fraud in insolvency is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 152, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 517.090

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 517. Business and Commercial Frauds (Refs & Annos)

517.090 Issuing false financial statement

(1) A person is guilty of issuing a false financial statement when, with intent to defraud, he:

(a) Knowingly makes or utters a written instrument which purports to describe the financial condition or ability to pay of himself or of some other person and which is inaccurate in some material respect; or

(b) Represents in writing that a written instrument purporting to describe a person's financial condition or ability to pay as of a prior date is accurate with respect to that person's financial condition or ability to pay, knowing the instrument to be materially inaccurate in that respect.

(2) Issuing a false financial statement is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 153, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 517.100

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 517. Business and Commercial Frauds (Refs & Annos)

517.100 Receiving deposits in failing financial institution

(1) A person is guilty of receiving deposits in a failing financial institution when, as an officer, manager or other person participating in the direction of a financial institution, he knowingly receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent.

(2) A financial institution is insolvent within the meaning of this section when it is unable to pay its obligations in the ordinary or usual course of business for any reason.

(3) Receiving deposits in a failing financial institution is a Class D felony.

CREDIT(S)

HISTORY: 1974 c 406, § 154, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 517.110

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 517. Business and Commercial Frauds (Refs & Annos)

517.110 Misapplication of entrusted property

(1) A person is guilty of misapplication of entrusted property when he applies or disposes of property that has been entrusted to him as a fiduciary, or property of the government or of a financial institution in a manner which he knows is unauthorized and involves substantial risk of loss or detriment to the owner of the property or to a person for whose benefit the property was entrusted.

(2) Misapplication of entrusted property is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 155, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 517.120

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 517. Business and Commercial Frauds (Refs & Annos)

517.120 Operating a sham or front company

(1) A person is guilty of operating a sham or front company when he knowingly:

(a) Establishes;

(b) Assists in the establishment of;

(d) Assists in the operation of;

a sham or front company.

(2) Operating a sham or front company is a Class D felony.

CREDIT(S)

HISTORY: 1994 c 476, § 1, eff. 7-15-94

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS T. L, Ch. 518, Refs & Annos

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 518. Miscellaneous Crimes Affecting Businesses, Occupations, and Professions

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 518.010

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 518. Miscellaneous Crimes Affecting Businesses, Occupations, and Professions (Refs & Annos)

518.010 Definitions for chapter

The following definitions apply in this chapter, unless the context otherwise requires:

(1) “Benefit” means gain or advantage to the beneficiary or to a third person pursuant to the desire or consent of the beneficiary.

(2) “Event” means a sports contest or other public performance to which the general public is not admitted without consideration.

(3) “Public performance” means any form of entertainment other than a sports contest involving machines, persons, animals, or objects that is viewed by the public.

(4) “Sports contest” means any professional or amateur sport, athletic game or contest, or race or contest involving machines, persons, animals, or objects that is viewed by the public.

(5) “Sports official” means any person who acts or expects to act in a sports contest as an umpire, referee, or judge, or otherwise to officiate at a sports contest.

(6) “Sports participant” means any person who participates or expects to participate in a sports contest as a player, contestant, or member of a team, or as a coach, manager, trainer or other person directly associated with a player, contestant, or team.

CREDIT(S)

HISTORY: 1998 c 259, § 10, eff. 7-15-98; 1994 c 324, § 1, eff. 7-15-94; 1988 c 286, § 2, eff. 7-15-88; 1978 c 78, § 5; 1974 c 406, § 156

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 518.020

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 518. Miscellaneous Crimes Affecting Businesses, Occupations, and Professions (Refs & Annos)

518.020 Commercial bribery

(1) A person is guilty of commercial bribery when he:

(a) Offers, confers or agrees to confer any benefit upon any employee or agent without the consent of the latter's employer or principal with intent to influence his conduct contrary to his employer's or principal's best interests; or

(b) Offers, confers or agrees to confer any benefit upon any fiduciary without the consent of the latter's beneficiary with intent to influence him to act or conduct himself contrary to his fiduciary obligation.

(2) Commercial bribery is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 157, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 518.030

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 518. Miscellaneous Crimes Affecting Businesses, Occupations, and Professions (Refs & Annos)

518.030 Receiving commercial bribe

(1) A person is guilty of receiving a commercial bribe when:

(a) As an employee or agent, and without the consent of his employer or principal, he knowingly solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that the benefit will influence his conduct contrary to his employer's or principal's best interest; or

(b) As a fiduciary, and without the consent of his beneficiary, he knowingly solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that the benefit will influence his conduct contrary to his fiduciary obligation.

(2) Receiving a commercial bribe is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 158, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 518.040

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 518. Miscellaneous Crimes Affecting Businesses, Occupations, and Professions (Refs & Annos)

518.040 Sports bribery

(1) A person is guilty of sports bribery when he:

(a) Offers, confers or agrees to confer any benefit upon a sports participant with intent to influence him not to give his best efforts in a sports contest; or

(b) Offers, confers or agrees to confer any benefit upon a sports official with intent to influence him to perform his duties improperly.

(2) Sports bribery is a Class D felony.

CREDIT(S)

HISTORY: 1974 c 406, § 159, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 518.050

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 518. Miscellaneous Crimes Affecting Businesses, Occupations, and Professions (Refs & Annos)

518.050 Receiving sports bribe

(1) A person is guilty of receiving a sports bribe when:

(a) Being a sports participant, he knowingly solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that he will thereby be influenced not to give his best efforts in a sports contest; or

(b) Being a sports official, he knowingly solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that he will perform his duties improperly.

(2) Receiving a sports bribe is a Class D felony.

CREDIT(S)

HISTORY: 1974 c 406, § 160, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 518.060

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 518. Miscellaneous Crimes Affecting Businesses, Occupations, and Professions (Refs & Annos)

518.060 Tampering with or rigging sports contest

(1) A person is guilty of tampering with or rigging a sports contest when, with intent to influence the outcome of a sports contest, he or she:

(a) Tampers with any sports participant or sports official or with any animal other than a horse, equipment, or other thing involved in the conduct or operation of a sports contest in a manner contrary to the rules governing the sports contest in question; or

(b) Substitutes a sports participant, animal, other than a horse, equipment, or other thing involved in the conduct or operation of a sports contest for the genuine person, animal, or thing.

(2) Tampering with or rigging a sports contest is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1998 c 342, § 2, eff. 7-15-98; 1974 c 406, § 161, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 518.070

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 518. Miscellaneous Crimes Affecting Businesses, Occupations, and Professions (Refs & Annos)

518.070 Ticket scalping

(1) A person is guilty of ticket scalping when he intentionally sells or offers to sell a ticket to an event at a price greater than that charged at the place of admission or printed on the ticket, unless authorized by the issuer or by law.

(2) Ticket scalping is a violation.

CREDIT(S)

HISTORY: 1974 c 406, § 162, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 518.080

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 518. Miscellaneous Crimes Affecting Businesses, Occupations, and Professions (Refs & Annos)

518.080 Unauthorized sports agency practices--Repealed

CREDIT(S)

HISTORY: 1998 c 259, § 11, eff. 7-15-98; 1994 c 324, § 2, eff. 7-15-94; 1988 c 286, § 1, eff. 7-15-88

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 518.090

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 518. Miscellaneous Crimes Affecting Businesses, Occupations, and Professions (Refs & Annos)

518.090 Assault of sports official

(1) A person is guilty of assault of a sports official when he intentionally causes physical injury to a sports official:

(a) Who was performing sports official duties at the time the physical injury was perpetrated; or

(b) If the physical injury occurs while the sports official is arriving at or departing from the athletic facility at which the athletic event occurred.

(2) For the purposes of this section, “sports official” means an individual who serves as a referee, umpire, linesman, or in a similar capacity that may be known by another title, and who is duly registered as or is a member of a national, state, regional, or local organization engaged, in part, in providing education and training to sports officials.

(3) A person who is guilty of assault of a sports official shall, for a first offense, be guilty of a Class A misdemeanor, unless the defendant assembles with five (5) or more persons for the purpose of assaulting a sports official, in which case it is a Class D felony.

(4) A person who is guilty of assault of a sport official shall, for a second or subsequent offense, be guilty of a Class D felony.

CREDIT(S)

HISTORY: 1998 c 508, § 1, eff. 7-15-98

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS T. L, Ch. 519, Refs & Annos

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 519. Obstruction of Public Administration

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 519.010

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 519. Obstruction of Public Administration (Refs & Annos)

519.010 Definitions

The following definitions apply in this chapter unless the context otherwise requires:

(1) “Governmental function” means any activity which a public servant is legally authorized to undertake on behalf of the governmental unit which he serves;

(2) “Public record” includes all books, papers, maps, photographs, cards, tapes, discs, diskettes, recordings, magnetic or electronic images, optical images or other documentary materials regardless of physical form or characteristics, which are prepared, owned, used, in the possession of, received or retained by a public agency. “Public record” shall not include any records owned by a private person or corporation that are not related to functions, activities, programs, or operations funded by state or local authority;

(3) “Public servant” means:

(a) Any public officer or employee of the state or of any political subdivision thereof or of any governmental instrumentality within the state;

(b) Any person exercising the functions of any such public officer or employee;

(c) Any person participating as advisor, consultant or otherwise in performing a governmental function, but not including witnesses; or

(d) Any person elected, appointed or designated to become a public servant although not yet occupying that position;

(4) As used in this chapter, “benefit” means gain or advantage to the beneficiary or to a third person pursuant to the desire or consent of the beneficiary.

CREDIT(S)

HISTORY: 1986 c 150, § 4, eff. 7-15-86; 1984 c 112, § 1; 1974 c 406, § 163

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 519.020

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 519. Obstruction of Public Administration (Refs & Annos)

519.020 Obstructing governmental operations

(1) A person is guilty of obstructing governmental operations when he intentionally obstructs, impairs or hinders the performance of a governmental function by using or threatening to use violence, force or physical interference.

(2) This section shall not apply to:

(a) Any means of avoiding compliance with the law without affirmative interference with governmental functions; or

(b) The obstruction, impairment or hindrance of unlawful action by a public servant; or

(3) Obstructing governmental operations is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 164, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 519.030

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 519. Obstruction of Public Administration (Refs & Annos)

519.030 Compounding a crime

(1) A person is guilty of compounding a crime when:

(a) He solicits, accepts or agrees to accept any benefit upon an agreement or understanding that he will refrain from initiating a prosecution for a crime; or

(b) He confers, offers, or agrees to confer any benefit upon another person upon agreement or understanding that such other person will refrain from initiating a prosecution for a crime.

(2) In any prosecution under this section, it is a defense that the benefit did not exceed an amount which the defendant reasonably believed to be due as restitution or indemnification for harm caused by the offense.

(3) Compounding a crime is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 165, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 519.040

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 519. Obstruction of Public Administration (Refs & Annos)

519.040 Falsely reporting an incident

(1) A person is guilty of falsely reporting an incident when he:

(a) Knowingly causes a false alarm of fire or other emergency to be transmitted to or within any organization, official or volunteer, that deals with emergencies involving danger to life or property; or

(b) Reports to law enforcement authorities an offense or incident within their official concern knowing that it did not occur; or

(c) Furnishes law enforcement authorities with information allegedly relating to an offense or incident within their official concern when he knows he has no information relating to such offense or incident; or

(d) Knowingly gives false information to any law enforcement officer with intent to implicate another; or

(e) Initiates or circulates a report or warning of an alleged occurrence or impending occurrence of a fire or other emergency under circumstances likely to cause public inconvenience or alarm when he knows the information reported, conveyed or circulated is false or baseless.

(2) Falsely reporting an incident is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 166, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 519.050

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 519. Obstruction of Public Administration (Refs & Annos)

519.050 Impersonating a public servant

(1) A person is guilty of impersonating a public servant, other than a peace officer, if he pretends to be a public servant, other than a peace officer, or to represent a public agency, other than a law enforcement agency, or act with the authority or approval of a public agency, other than a law enforcement agency, with intent to induce another to submit to such pretended official authority or otherwise to act in reliance upon that pretense to his prejudice.

(2) Impersonating a public servant, other than a peace officer, is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1998 c 606, § 163, eff. 7-15-98; 1992 c 420, § 1, eff. 7-14-92; 1974 c 406, § 167

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 519.055

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 519. Obstruction of Public Administration (Refs & Annos)

519.055 Impersonating a peace officer

(1) A person is guilty of impersonating a peace officer if he pretends to be a peace officer, or to represent a law enforcement agency or act with the authority or approval of law enforcement agency, with intent to induce another to submit to the pretended official authority or otherwise to act in reliance upon the pretense to his prejudice.

(2) Impersonating a peace officer is a Class D felony.

(3) As used in this section, the phrase “peace officer” means a peace officer as defined in KRS 446.010.

CREDIT(S)

HISTORY: 1998 c 606, § 164, eff. 7-15-98

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 519.060

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 519. Obstruction of Public Administration (Refs & Annos)

519.060 Tampering with public records

(1) A person is guilty of tampering with public records when:

(a) He knowingly makes a false entry in or falsely alters any public record; or

(b) Knowing he lacks the authority to do so, he intentionally destroys, mutilates, conceals, removes, or otherwise impairs the availability of any public records; or

(c) Knowing he lacks the authority to retain it, he intentionally refuses to deliver up a public record in his possession upon proper request of a public servant lawfully entitled to receive such record for examination or other purposes.

(2) Tampering with public records is a Class D felony.

CREDIT(S)

HISTORY: 1992 c 16, § 1, eff. 7-14-92; 1974 c 406, § 168

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 519.070

Effective: July 12, 2006

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 519. Obstruction of Public Administration (Refs & Annos)

519.070 Tampering with a prisoner monitoring device

(1) A person is guilty of tampering with a prisoner monitoring device when he or she intentionally alters, disables, deactivates, tampers with, removes, damages, or destroys any device used to facilitate electronic monitoring or supervision of a person who is on probation or parole, or has been ordered to wear a device as a condition of pretrial release.

(2) Tampering with a prisoner monitoring device is a Class D felony.

CREDIT(S)

HISTORY: 2006 c 182, § 36, eff. 7-12-06

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS T. L, Ch. 520, Refs & Annos

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 520. Escape and Other Offenses Relating to Custody

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 520.010

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 520. Escape and Other Offenses Relating to Custody (Refs & Annos)

520.010 Definitions for chapter

The following definitions apply in this chapter, unless the context otherwise requires:

(1) “Contraband” means any article or thing which a person confined in a detention facility is prohibited from obtaining or possessing by statute, departmental regulation, or posted institutional rule or order;

(2) “Custody” means restraint by a public servant pursuant to a lawful arrest, detention, or an order of court for law enforcement purposes, but does not include supervision of probation or parole or constraint incidental to release on bail;

(3) “Dangerous contraband” means contraband which is capable of use to endanger the safety or security of a detention facility or persons therein, including, but not limited to, dangerous instruments as defined in KRS 500.080, any controlled substances, any quantity of an alcoholic beverage, and any quantity of marijuana, and saws, files, and similar metal cutting instruments;

(4) “Detention facility” means any building and its premises used for the confinement of a person:

(a) Charged with or convicted of an offense;

(b) Alleged or found to be delinquent;

(d) Otherwise confined pursuant to an order of court for law enforcement purposes;

(5) “Escape” means departure from custody or the detention facility in which a person is held or detained when the departure is unpermitted, or failure to return to custody or detention following a temporary leave granted for a specific purpose or for a limited period; and

(6) As used in this section and KRS 520.015, “penitentiary” includes any facility operated by the Department of Corrections and the confines of any work detail or other detail, whether under guard or not, under the custody and control of the Department of Corrections.

CREDIT(S)

HISTORY: 1998 c 606, § 170, eff. 7-15-98; 1992 c 211, § 133, eff. 7-14-92; 1990 c 497, § 23; 1986 c 297, § 1; 1982 c 405, § 1, c 410, § 1; 1974 c 406, § 169

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 520.015

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 520. Escape and Other Offenses Relating to Custody (Refs & Annos)

520.015 Attempting to escape from penitentiary

(1) A person is guilty of attempting to escape from the penitentiary when he:

(a) Conceals himself within the walls of the penitentiary; or

(b) Attempts to scale the enclosure surrounding the penitentiary; or

(d) Escapes from a locked cell, dormitory, hospital or other lockup in the penitentiary; or

(e) Escapes from one part of the penitentiary to another; or

(f) Does any other act in furtherance of an escape from the penitentiary; or

(g) Does any act or omission constituting criminal attempt under KRS 506.010.

(2) Attempting to escape from the penitentiary is a Class D felony.

(3) No penalty provision of KRS 506.010 shall apply to an offense committed under this section.

CREDIT(S)

HISTORY: 1984 c 111, § 166, eff. 7-13-84; 1982 c 405, § 2

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 520.020

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 520. Escape and Other Offenses Relating to Custody (Refs & Annos)

520.020 Escape in the first degree

(1) A person is guilty of escape in the first degree when he escapes from custody or a detention facility by the use of force or threat of force against another person.

(2) Escape in the first degree is a Class C felony.

CREDIT(S)

HISTORY: 1974 c 406, § 170, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 520.030

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 520. Escape and Other Offenses Relating to Custody (Refs & Annos)

520.030 Escape in the second degree

(1) A person is guilty of escape in the second degree when he escapes from a detention facility or, being charged with or convicted of a felony, he escapes from custody.

(2) Escape in the second degree is a Class D felony.

CREDIT(S)

HISTORY: 1974 c 406, § 171, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 520.040

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 520. Escape and Other Offenses Relating to Custody (Refs & Annos)

520.040 Escape in the third degree

(1) A person is guilty of escape in the third degree when he escapes from custody.

(2) Escape in the third degree is a Class B misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 172, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 520.050

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 520. Escape and Other Offenses Relating to Custody (Refs & Annos)

520.050 Promoting contraband in the first degree

(1) A person is guilty of promoting contraband in the first degree when:

(a) He knowingly introduces dangerous contraband into a detention facility or a penitentiary; or

(b) Being a person confined in a detention facility or a penitentiary, he knowingly makes, obtains, or possesses dangerous contraband.

(2) Promoting contraband in the first degree is a Class D felony.

CREDIT(S)

HISTORY: 1990 c 497, § 24, eff. 7-13-90; 1974 c 406, § 173

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 520.060

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 520. Escape and Other Offenses Relating to Custody (Refs & Annos)

520.060 Promoting contraband in the second degree

(1) A person is guilty of promoting contraband in the second degree when:

(a) He knowingly introduces contraband into a detention facility or a penitentiary; or

(b) Being a person confined in a detention facility or a penitentiary, he knowingly makes, obtains, or possesses contraband.

(2) Promoting contraband in the second degree is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1990 c 497, § 25, eff. 7-13-90; 1974 c 406, § 174

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 520.070

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 520. Escape and Other Offenses Relating to Custody (Refs & Annos)

520.070 Bail jumping in the first degree

(1) A person is guilty of bail jumping in the first degree when, having been released from custody by court order, with or without bail, upon condition that he will subsequently appear at a specified time and place in connection with a charge of having committed a felony, he intentionally fails to appear at that time and place.

(2) In any prosecution for bail jumping, the defendant may prove in exculpation that his failure to appear was unavoidable and due to circumstances beyond his control.

(3) Bail jumping in the first degree is a Class D felony.

CREDIT(S)

HISTORY: 1974 c 406, § 175, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 520.080

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 520. Escape and Other Offenses Relating to Custody (Refs & Annos)

520.080 Bail jumping in the second degree

(1) A person is guilty of bail jumping in the second degree when, having been released from custody by court order, with or without bail, upon condition that he will subsequently appear at a specified time and place in connection with a charge of having committed a misdemeanor, he intentionally fails to appear at that time and place.

(2) In any prosecution for bail jumping, the defendant may prove in exculpation that his failure to appear was unavoidable and due to circumstances beyond his control.

(3) Bail jumping in the second degree is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 176, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 520.090

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 520. Escape and Other Offenses Relating to Custody (Refs & Annos)

520.090 Resisting arrest

(1) A person is guilty of resisting arrest when he intentionally prevents or attempts to prevent a peace officer, recognized to be acting under color of his official authority, from effecting an arrest of the actor or another by:

(a) Using or threatening to use physical force or violence against the peace officer or another; or

(b) Using any other means creating a substantial risk of causing physical injury to the peace officer or another.

(2) Resisting arrest is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 177, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 520.095

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 520. Escape and Other Offenses Relating to Custody (Refs & Annos)

520.095 Fleeing or evading police in the first degree

(1) A person is guilty of fleeing or evading police in the first degree:

(a) When, while operating a motor vehicle with intent to elude or flee, the person knowingly or wantonly disobeys a direction to stop his or her motor vehicle, given by a person recognized to be a police officer, and at least one (1) of the following conditions exists:

1. The person is fleeing immediately after committing an act of domestic violence as defined in KRS 403.720;

2. The person is driving under the influence of alcohol or any other substance or combination of substances in violation of KRS 189A.010;

3. The person is driving while his or her driver's license is suspended for violating KRS 189A.010; or

4. By fleeing or eluding, the person is the cause, or creates substantial risk, of serious physical injury or death to any person or property; or

(b) When, as a pedestrian, and with intent to elude or flee, the person knowingly or wantonly disobeys an order to stop, given by a person recognized to be a peace officer, and at least one (1) of the following conditions exists:

1. The person is fleeing immediately after committing an act of domestic violence as defined in KRS 403.720; or

2. By fleeing or eluding, the person is the cause of, or creates a substantial risk of, serious physical injury or death to any person or property.

(2) Fleeing or evading police in the first degree is a Class D felony.

CREDIT(S)

HISTORY: 1998 c 606, § 161, eff. 7-15-98

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 520.100

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 520. Escape and Other Offenses Relating to Custody (Refs & Annos)

520.100 Fleeing or evading police in the second degree

(1) A person is guilty of fleeing or evading police in the second degree when:

(a) As a pedestrian, and with intent to elude or flee, the person knowingly or wantonly disobeys a direction to stop, given by a person recognized to be a peace officer who has an articulable reasonable suspicion that a crime has been committed by the person fleeing, and in fleeing or eluding the person is the cause of, or creates a substantial risk of, physical injury to any person; or

(b) While operating a motor vehicle with intent to elude or flee, the person knowingly or wantonly disobeys a recognized direction to stop his vehicle, given by a person recognized to be a peace officer.

(2) No offense is committed under this section when the conduct involved constitutes a failure to comply with a directive of a traffic control officer.

(3) Fleeing or evading police in the second degree is a Class A misdemeanor.

CREDIT(S)

HISTORY: 2002 c 350, § 8, eff. 7-15-02; 1998 c 606, § 162, eff. 7-15-98; 1974 c 406, § 178, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 520.110

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 520. Escape and Other Offenses Relating to Custody (Refs & Annos)

520.110 Definitions for KRS 520.120 and 520.130

(1) For the purposes of KRS 520.120 and 520.130, a person renders assistance to another when he:

(a) Harbors or conceals such person; or

(b) Warns such person of impending discovery or apprehension, except that this does not apply to a warning given in connection with an effort to bring another into compliance with law; or

(c) Provides such person with money, transportation, weapon, disguise or other means of avoiding discovery or apprehension; or

(d) Prevents or obstructs, by means of force, deception or intimidation, anyone from performing an act that might aid in the discovery or apprehension of such person; or

(e) Volunteers false information to a law enforcement officer; or

(f) Suppresses by an act of concealment, alteration or destruction any physical evidence that might aid in the discovery or apprehension of such person.

(2) In any prosecution for hindering prosecution or apprehension it is a defense that the accused is the spouse, parent, child, brother, sister, grandparent or grandchild of the person whose discovery or apprehension he sought to prevent.

CREDIT(S)

HISTORY: 1974 c 406, § 179, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 520.120

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 520. Escape and Other Offenses Relating to Custody (Refs & Annos)

520.120 Hindering prosecution or apprehension in the first degree

(1) A person is guilty of hindering prosecution or apprehension in the first degree when, with the intent to hinder the apprehension, prosecution, conviction or punishment of another whom he knows is being sought in connection with the commission of a capital offense or Class A felony, he renders assistance to such person.

(2) Hindering prosecution or apprehension in the first degree is a Class D felony.

CREDIT(S)

HISTORY: 1974 c 406, § 180, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 520.130

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 520. Escape and Other Offenses Relating to Custody (Refs & Annos)

520.130 Hindering prosecution or apprehension in the second degree

(1) A person is guilty of hindering prosecution or apprehension in the second degree when, with the intent to hinder the apprehension, prosecution, conviction or punishment of another who is being sought in connection with the commission of a criminal offense, he renders assistance to such person.

(2) Hindering prosecution or apprehension in the second degree is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 181, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS T. L, Ch. 521, Refs & Annos

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 521. Bribery and Corrupt Influences

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 521.010

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 521. Bribery and Corrupt Influences (Refs & Annos)

521.010 Definitions

The following definitions apply in this chapter, unless the context otherwise requires:

(1) “Public servant” means:

(a) Any public officer or employee of the state or of any political subdivision thereof or of any governmental instrumentality within the state; or

(b) Any person exercising the functions of any such public officer or employee; or

(c) Any person participating as advisor, consultant or otherwise in performing a governmental function, but not including witnesses; or

(d) Any person elected, appointed or designated to become a public servant although not yet occupying that position.

(2) “Pecuniary benefit” means benefit in the form of money, property, commercial interests or anything else the primary significance of which is economic gain.

CREDIT(S)

HISTORY: 1974 c 406, § 182, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 521.020

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 521. Bribery and Corrupt Influences (Refs & Annos)

521.020 Bribery of public servant

(1) A person is guilty of bribery of a public servant when:

(a) He offers, confers, or agrees to confer any pecuniary benefit upon a public servant with the intent to influence the public servant's vote, opinion, judgment, exercise of discretion, or other action in his official capacity as a public servant; or

(b) While a public servant, he solicits, accepts, or agrees to accept any pecuniary benefit upon an agreement or understanding that his vote, opinion, judgment, exercise of discretion, or other action as a public servant will thereby be influenced.

(2) It is a defense under this section if a person confers or agrees to confer any pecuniary benefit upon a public servant as a result of conduct of the public servant which constitutes extortion or coercion.

(3) It is no defense to a prosecution under this section that the person sought to be influenced was not qualified to act in the desired way because he had not yet assumed office, lacked jurisdiction, or for any other reason.

(4) Bribery of a public servant is a Class C felony.

CREDIT(S)

HISTORY: 1994 c 477, § 5, eff. 7-15-94; 1974 c 406, § 183, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 521.030

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 521. Bribery and Corrupt Influences (Refs & Annos)

521.030 Soliciting unlawful compensation

(1) A public servant is guilty of soliciting unlawful compensation when he requests a pecuniary benefit for the performance of an official action knowing that he was required to perform that action without compensation or at a level of compensation lower than that requested.

(2) Solicitation of unlawful compensation is a Class B misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 184, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 521.040

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 521. Bribery and Corrupt Influences (Refs & Annos)

521.040 Unlawful compensation for assistance in public matters

(1) A person is guilty of unlawful compensation for assistance in public matters when:

(a) While a public servant, he solicits, accepts or agrees to accept compensation for advice or other assistance in preparing a bill, contract, claim or other transaction or proposal as to which he knows that he is likely to have an official discretion to exercise; or

(b) He offers, pays or agrees to pay compensation to a public servant for advice or other assistance in preparing or promoting a bill, contract, claim or other transaction with knowledge that acceptance by the public servant is unlawful.

(2) Unlawful compensation for assistance in public matters is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 185, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 521.050

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 521. Bribery and Corrupt Influences (Refs & Annos)

521.050 Providing a pecuniary benefit for bribery of a public servant

(1) A person is guilty of providing a pecuniary benefit for bribery of a public servant when, while not engaging in the bribery directly, he intentionally provides the pecuniary benefit to the person who offers or accepts the bribe.

(2) It is a defense under this section if a person provides the pecuniary benefit, confers, or agrees to confer any pecuniary benefit upon a public servant as a result of conduct of the public servant which constitutes extortion or coercion.

(3) It is no defense to a prosecution under this section that the person sought to be influenced was not qualified to act in the desired way because he had not yet assumed office, because he lacked jurisdiction, or for any other reason.

(4) Providing a pecuniary benefit for bribery of a public servant is a Class C felony.

CREDIT(S)

HISTORY: 1994 c 477, § 1, eff. 7-15-94

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 521.060

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 521. Bribery and Corrupt Influences (Refs & Annos)

521.060 Offer or acceptance of donations to sheriff's office; exemption from charges of bribery

(1) If a sheriff responds to an offer to receive a donation of money or goods made available to the sheriff's office, then that action in itself shall not constitute a violation of KRS 521.030. If a sheriff accepts a donation of money or goods in accordance with the provisions of KRS 61.310, that acceptance in itself shall not constitute a violation of KRS 521.020 or 521.040.

(2) The offering of a donation of money or goods to the office of the sheriff in accordance with the provisions of KRS 61.310 shall not in itself constitute a violation of KRS 521.020 or KRS 521.040.

CREDIT(S)

HISTORY: 2005 c 103, § 2, eff. 6-20-05

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS T. L, Ch. 522, Refs & Annos

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 522. Abuse of Public Office

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 522.010

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 522. Abuse of Public Office (Refs & Annos)

522.010 Definitions

The following definitions apply in this chapter, unless the context otherwise requires:

(1) “Public servant” means:

(a) Any public officer or employee of the state or of any political subdivision thereof or of any governmental instrumentality within the state; or

(b) Any person exercising the functions of any such public officer or employee; or

(c) Any person participating as advisor, consultant or otherwise in performing a governmental function, but not including witnesses; or

(d) Any person elected, appointed or designated to become a public servant although not yet occupying that position.

(2) “Benefit” means gain or advantage to the beneficiary or to a third person pursuant to the desire or consent of the beneficiary.

CREDIT(S)

HISTORY: 1974 c 406, § 186, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 522.020

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 522. Abuse of Public Office (Refs & Annos)

522.020 Official misconduct in the first degree

(1) A public servant is guilty of official misconduct in the first degree when, with intent to obtain or confer a benefit or to injure another person or to deprive another person of a benefit, he knowingly:

(a) Commits an act relating to his office which constitutes an unauthorized exercise of his official functions; or

(b) Refrains from performing a duty imposed upon him by law or clearly inherent in the nature of his office; or

(2) Official misconduct in the first degree is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 187, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 522.030

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 522. Abuse of Public Office (Refs & Annos)

522.030 Official misconduct in the second degree

(1) A public servant is guilty of official misconduct in the second degree when he knowingly:

(a) Commits an act relating to his office which constitutes an unauthorized exercise of his official functions; or

(b) Refrains from performing a duty imposed upon him by law or clearly inherent in the nature of his office; or

(2) Official misconduct in the second degree is a Class B misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 188, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 522.040

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 522. Abuse of Public Office (Refs & Annos)

522.040 Misuse of confidential information

(1) A public servant is guilty of misuse of confidential information when, in contemplation of official action by himself or by a governmental unit with which he is associated, or in reliance on information to which he has access in his official capacity and which has not been made public, he:

(a) Accepts or agrees to accept a pecuniary interest in any property, transaction or enterprise which may be affected by such information or official action; or

(b) Speculates or wagers on the basis of such information or official action; or

(2) Misuse of confidential information is a Class D felony.

CREDIT(S)

HISTORY: 1974 c 406, § 189, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 522.050

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 522. Abuse of Public Office (Refs & Annos)

522.050 Abuse of public trust

(1) A public servant who is entrusted with public money or property by reason of holding public office or employment, exercising the functions of a public officer or employee, or participating in performing a governmental function, is guilty of abuse of public trust when:

(a) He or she obtains public money or property subject to a known legal obligation to make specified payment or other disposition, whether from the public money or property or its proceeds; and

(b) He or she intentionally deals with the public money or property as his or her own and fails to make the required payment or disposition.

(2) A public servant is presumed:

(a) To know any legal obligation relative to his or her criminal liability under this section; and

(b) To have dealt with the public money or property as his or her own when:

1. He or she fails to account upon lawful demand; or

2. An audit reveals a shortage or falsification of accounts.

(3) Abuse of public trust is:

(a) A Class D felony if the value of the public money or property is less than ten thousand dollars ($10,000);

(b) A Class C felony if the value of the public money or property is ten thousand dollars ($10,000) or more, but less than one hundred thousand dollars ($100,000); and

(4) The judgment of conviction under this section shall recite that the offender is disqualified to hold any public office thereafter.

(5) Conduct serving as the basis for the conviction of a public servant under this section shall not also be used to obtain a conviction of the public servant under KRS 514.070.

CREDIT(S)

HISTORY: 2003 c 76, § 1, eff. 6-24-03

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS T. L, Ch. 523, Refs & Annos

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 523. Perjury and Related Offenses

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 523.010

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 523. Perjury and Related Offenses (Refs & Annos)

523.010 Definitions

The following definitions apply in this chapter unless the context otherwise requires:

(1) “Material false statement” means any false statement, regardless of its admissibility under the rules of evidence which could have affected the outcome of the proceeding. Whether a falsification is material in a given factual situation is a question of law.

(2) “Oath” means an affirmation or other legally authorized manner of attesting to the truth of a statement. A written statement shall be treated as if made under oath when:

(a) The statement was made on or pursuant to a form bearing notice, authorized by law, that false statements made therein are punishable; or

(b) 1. The document recites that the statement was made under oath, and

2. a. The declarant was aware of such recitation at the time he made the statement;

b. The declarant intended that the statement be represented as sworn; and

c. The statement was in fact so represented by its delivery or utterance with the signed jurat of an officer, authorized to administer oaths appended thereto.

(3) “Official proceeding” means a proceeding heard before any legislative, judicial, administrative or other governmental agency or official authorized to hear evidence under oath, including any referee, hearing examiner, commissioner, notary or other person taking testimony or depositions in any such proceedings.

(4) “Required or authorized by law” means the oath is provided for by statute, regulation, court rule, or otherwise by law.

(5) “Statement” means any representation, but includes a representation of opinion, belief or other state of mind only if the representation clearly relates to state of mind apart from or in addition to any facts which are the subject of the representation.

(6) “Public servant” means:

(a) Any public officer or employee of the state or of any political subdivision thereof or of any governmental instrumentality within the state; or

(b) Any person exercising the functions of any such public officer or employee; or

(c) Any person participating as advisor, consultant or otherwise in performing a governmental function, but not including witnesses; or

(d) Any person elected, appointed or designated to become a public servant although not yet occupying that position.

CREDIT(S)

HISTORY: 1974 c 406, § 190, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 523.020

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 523. Perjury and Related Offenses (Refs & Annos)

523.020 Perjury in the first degree

(1) A person is guilty of perjury in the first degree when he makes a material false statement, which he does not believe, in any official proceeding under an oath required or authorized by law; or

(2) When he makes a material false statement which he does not believe in a subscribed written instrument for which an oath is required or authorized by law, with the intent to mislead a public servant in the performance of his official functions when such person is subscribing a warrant accusing his spouse of an offense under KRS Chapter 510.

(3) Perjury in the first degree is a Class D felony.

CREDIT(S)

HISTORY: 1986 c 486, § 2, eff. 7-15-86; 1974 c 406, § 191

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 523.030

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 523. Perjury and Related Offenses (Refs & Annos)

523.030 Perjury in the second degree

(1) A person is guilty of perjury in the second degree when he makes a material false statement which he does not believe in a subscribed written instrument for which an oath is required or authorized by law with the intent to mislead a public servant in the performance of his official functions.

(2) Perjury in the second degree is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 192, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 523.040

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 523. Perjury and Related Offenses (Refs & Annos)

523.040 False swearing

(1) A person is guilty of false swearing when he makes a false statement which he does not believe under oath required or authorized by law.

(2) False swearing is a Class B misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 193, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 523.050

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 523. Perjury and Related Offenses (Refs & Annos)

523.050 Inconsistent statements

(1) When a person has made inconsistent statements under oath, both having been made within the period of the statute of limitations, the prosecution may proceed by setting forth the inconsistent statements in a single charge alleging in the alternative that one (1) or the other was false and not believed by the defendant. In such case it shall not be necessary for the prosecution to prove which statement was false but only that one (1) or the other was false and not believed by the defendant to be true.

(2) The highest offense of which a person may be convicted in such an instance shall be determined by hypothetically assuming each statement to be false. If perjury of different degrees would be established by the making of the two (2) statements, the person may only be convicted of the lesser degree. If perjury or false swearing would be established by the making of the two (2) statements, the person may only be convicted of false swearing.

CREDIT(S)

HISTORY: 1974 c 406, § 194, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 523.060

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 523. Perjury and Related Offenses (Refs & Annos)

523.060 Corroboration

In any prosecution for perjury or false swearing, except prosecution based upon inconsistent statements pursuant to KRS 523.050, falsity of a statement may not be established solely through contradiction by the testimony of a single witness.

CREDIT(S)

HISTORY: 1974 c 406, § 195, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 523.070

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 523. Perjury and Related Offenses (Refs & Annos)

523.070 Previous trial

No prosecution shall be brought under this chapter when the substance of the defendant's false statement is his denial of guilt in a previous criminal trial.

CREDIT(S)

HISTORY: 1974 c 406, § 196, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 523.080

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 523. Perjury and Related Offenses (Refs & Annos)

523.080 Irregularities; no defense

It is not a defense to prosecution under this chapter that:

(1) The oath or affirmation was administered or taken in an irregular manner or that the declarant was not competent to make the statement; or

(2) The court in which the acts constituting the offense were committed lacked jurisdiction over the person of the accused or the subject matter.

CREDIT(S)

HISTORY: 1974 c 406, § 197, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 523.090

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 523. Perjury and Related Offenses (Refs & Annos)

523.090 Retraction

No person shall be guilty of an offense under this chapter if he retracted the falsification in the course of the proceeding in which it was made before such false statement substantially affected the proceeding and before it became manifest that its falsity was or would be exposed.

CREDIT(S)

HISTORY: 1974 c 406, § 198, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 523.100

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 523. Perjury and Related Offenses (Refs & Annos)

523.100 Unsworn falsification to authorities

(1) A person is guilty of unsworn falsification to authorities when, with an intent to mislead a public servant in the performance of his duty, he:

(a) Makes a material false written statement, which he does not believe, in an application for any pecuniary or other benefit or in a record required by law to be submitted to any governmental agency;

(b) Submits or invites reliance on any writing which he knows to be a forged instrument, as defined in KRS 516.010; or

(c) Submits or invites reliance, except as provided in KRS 516.110, on any sample, specimen, map, boundary mark, or other object he knows to be false.

(2) Unsworn falsification to authorities is a Class B misdemeanor.

CREDIT(S)

HISTORY: 2004 c 94, § 4, eff. 7-13-04; 1974 c 406, § 199, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 523.110

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 523. Perjury and Related Offenses (Refs & Annos)

523.110 Giving peace officer a false name or address

(1) A person is guilty of giving a peace officer a false name or address when he gives a false name or address to a peace officer who has asked for the same in the lawful discharge of his official duties with the intent to mislead the officer as to his identity. The provisions of this section shall not apply unless the peace officer has first warned the person whose identification he is seeking that giving a false name or address is a criminal offense.

(2) Giving a peace officer a false name or address is a Class B misdemeanor.

CREDIT(S)

HISTORY: 1990 c 447, § 1, eff. 7-13-90

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS T. L, Ch. 524, Refs & Annos

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 524. Interference with Judicial Administration

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 524.010

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 524. Interference with Judicial Administration (Refs & Annos)

524.010 Definitions

The following definitions apply in this chapter unless the context otherwise requires:

(1) “Judge” means, with reference to intimidating a participant in the legal process, any current justice or judge of the Court of Justice, a trial commissioner of the Court of Justice, and any person serving as a judge at a trial or judicial proceeding of or authorized by the Court of Justice. With reference to retaliating against a participant in the legal process, the term “judge” also includes a former justice or judge of the Court of Justice, a trial commissioner of the Court of Justice, and any person serving as a judge at a trial or judicial proceeding authorized by the Court of Justice. The term includes persons who have been elected or appointed, but have not yet taken office.

(2) “Juror” means a person who is or has been a member of any impaneled jury, including a grand jury, and includes any person who has been drawn or summoned to attend as a prospective juror.

(3) “Participant in the legal process” means any judge, prosecutor, attorney defending a criminal case, juror, or witness and includes members of the participant's immediate family.

(4) “Official proceeding” means a proceeding heard before any legislative, judicial, administrative or other governmental agency or official authorized to hear evidence under oath, including any referee, hearing examiner, commissioner, notary or other person taking testimony or depositions in any such proceedings.

(5) “Pecuniary benefit” means benefit in the form of money, property, commercial interests, or anything else the primary significance of which is economic gain.

(6) “Physical evidence” means any article, object, document, record, or other thing of physical substance.

(7) “Prosecutor” means, with reference to intimidating a participant in the legal process, a current Commonwealth's attorney, assistant Commonwealth's attorney, county attorney, assistant county attorney, Attorney General, deputy attorney general, assistant attorney general, or special prosecutor appointed pursuant to law. With reference to retaliating against a participant in the legal process, the term “prosecutor” also includes a former Commonwealth's attorney, assistant Commonwealth's attorney, county attorney, assistant county attorney, Attorney General, deputy attorney general, assistant attorney general, or special prosecutor appointed pursuant to law.

(8) “Threat” means any direct threat to kill or injure a person protected by this chapter or an immediate family member of such a person. Persons protected by this chapter include persons who have been elected or appointed but have not yet taken office.

(9) “Witness” means any person who may be called to testify in an official proceeding, has been called to testify in an official proceeding, is testifying in an official proceeding, or who has testified in an official proceeding.

CREDIT(S)

HISTORY: 2002 c 251, § 1, eff. 7-15-02; 1974 c 406, § 200, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 524.020

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 524. Interference with Judicial Administration (Refs & Annos)

524.020 Bribing a witness

(1) A person is guilty of bribing a witness when he offers, confers or agrees to confer any pecuniary benefit upon a witness or a person he believes may be called as a witness in any official proceeding with intent to:

(a) Influence the testimony of that person; or

(b) Induce that person to avoid legal process summoning him to testify; or

(2) Bribing a witness is a Class D felony.

CREDIT(S)

HISTORY: 1974 c 406, § 201, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 524.030

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 524. Interference with Judicial Administration (Refs & Annos)

524.030 Bribe receiving by witness

(1) A witness or a person believing he may be called as a witness in any official proceeding is guilty of bribe receiving by a witness when he solicits, accepts or agrees to accept any pecuniary benefit upon an agreement or understanding that:

(a) His testimony will thereby be influenced; or

(b) He will attempt to avoid legal process summoning him to testify; or

(2) Bribe receiving by a witness is a Class D felony.

CREDIT(S)

HISTORY: 1974 c 406, § 202, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 524.040

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 524. Interference with Judicial Administration (Refs & Annos)

524.040 Intimidating a participant in the legal process

(1) A person is guilty of intimidating a participant in the legal process when, by use of physical force or a threat directed to a person he believes to be a participant in the legal process, he or she:

(a) Influences, or attempts to influence, the testimony, vote, decision, or opinion of that person;

(b) Induces, or attempts to induce, that person to avoid legal process summoning him or her to testify;

(c) Induces, or attempts to induce, that person to absent himself or herself from an official proceeding to which he has been legally summoned;

(d) Induces, or attempts to induce, that person to withhold a record, document, or other object from an official proceeding;

(e) Induces, or attempts to induce, that person to alter, destroy, mutilate, or conceal an object with intent to impair the object's integrity or availability for use in an official proceeding; or

(f) Hinders, delays, or prevents the communication to a law enforcement officer or judge of information relating to the possible commission of an offense or a violation of conditions of probation, parole or release pending judicial proceedings.

(2) For purposes of this section:

(a) An official proceeding need not be pending or about to be instituted at the time of the offense; and

(b) The testimony, record, document, or other object need not be admissible in evidence or free of a claim of privilege.

(3) Intimidating a participant in the legal process is a Class D felony.

(4) In order for a person to be convicted of a violation of this section, the act against a participant in the legal process or the immediate family of a participant in the legal process shall be related to the performance of a duty or role played by the participant in the legal process.

CREDIT(S)

HISTORY: 2002 c 251, § 2, eff. 7-15-02; 1986 c 212, § 5, eff. 7-15-86; 1974 c 406, § 203

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 524.045

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 524. Interference with Judicial Administration (Refs & Annos)

524.045 Harassing a witness--Repealed

CREDIT(S)

HISTORY: 2002 c 251, § 6, eff. 7-15-02; 1986 c 212, § 6, eff. 7-15-86

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 524.050

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 524. Interference with Judicial Administration (Refs & Annos)

524.050 Tampering with a witness

(1) A person is guilty of tampering with a witness when, knowing that a person is or may be called as a witness in an official proceeding, he:

(a) Induces or attempts to induce the witness to absent himself or otherwise avoid appearing or testifying at the official proceeding with intent to influence the outcome thereby; or

(b) Knowingly makes any false statement or practices any fraud or deceit with intent to affect the testimony of the witness.

(2) Tampering with a witness is a Class D felony.

CREDIT(S)

HISTORY: 2002 c 251, § 4, eff. 7-15-02; 1974 c 406, § 204, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 524.055

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 524. Interference with Judicial Administration (Refs & Annos)

524.055 Retaliating against a participant in the legal process

(1) A person is guilty of retaliating against a participant in the legal process when he or she engages or threatens to engage in conduct causing or intended to cause bodily injury or damage to the tangible property of a participant in the legal process or a person he or she believes may be called as a participant in the legal process in any official proceeding or because the person has participated in a legal proceeding:

(a) Attending an official proceeding, or giving or producing any testimony, record, document, or other object produced at that proceeding;

(b) Giving information to a law enforcement officer relating to the possible commission of an offense or a violation of conditions of probation, parole, or release pending judicial proceedings;

(d) Performance of his or her duty.

(2) Retaliating against a participant in the legal process is a Class D felony.

(3) In order for a person to be convicted of a violation of this section, the act against a participant in the legal process or the immediate family of a participant in the legal process shall be related to the performance of a duty or role played by the participant in the legal process.

CREDIT(S)

HISTORY: 2002 c 251, § 3, eff. 7-15-02; 1986 c 212, § 7, eff. 7-15-86

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 524.060

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 524. Interference with Judicial Administration (Refs & Annos)

524.060 Bribing a juror

(1) A person is guilty of bribing a juror when he offers, confers or agrees to confer any pecuniary benefit upon a juror with intent to influence the juror's vote, opinion, decision or other action as a juror.

(2) Bribing a juror is a Class D felony.

CREDIT(S)

HISTORY: 1974 c 406, § 205, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 524.070

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 524. Interference with Judicial Administration (Refs & Annos)

524.070 Bribe receiving by a juror

(1) A person is guilty of bribe receiving by a juror when he solicits, accepts or agrees to accept any pecuniary benefit upon an agreement or understanding that his vote, opinion, decision or other action as a juror will thereby be influenced.

(2) Bribe receiving by a juror is a Class D felony.

CREDIT(S)

HISTORY: 1974 c 406, § 206, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 524.080

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 524. Interference with Judicial Administration (Refs & Annos)

524.080 Intimidating a juror--Repealed

CREDIT(S)

HISTORY: 2002 c 251, § 6, eff. 7-15-02; 1974 c 406, § 207, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 524.090

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 524. Interference with Judicial Administration (Refs & Annos)

524.090 Jury tampering

(1) A person is guilty of jury tampering when, with intent to influence a juror's vote, opinion, decision or other action in a case, he communicates or attempts to communicate, directly or indirectly, with a juror other than as a part of the proceedings in the trial of the case.

(2) Jury tampering is a Class D felony.

CREDIT(S)

HISTORY: 2002 c 251, § 5, eff. 7-15-02; 1974 c 406, § 208, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 524.100

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 524. Interference with Judicial Administration (Refs & Annos)

524.100 Tampering with physical evidence

(1) A person is guilty of tampering with physical evidence when, believing that an official proceeding is pending or may be instituted, he:

(a) Destroys, mutilates, conceals, removes or alters physical evidence which he believes is about to be produced or used in the official proceeding with intent to impair its verity or availability in the official proceeding; or

(b) Fabricates any physical evidence with intent that it be introduced in the official proceeding or offers any physical evidence, knowing it to be fabricated or altered.

(2) Tampering with physical evidence is a Class D felony.

CREDIT(S)

HISTORY: 1974 c 406, § 209, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 524.110

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 524. Interference with Judicial Administration (Refs & Annos)

524.110 Simulating legal process

(1) A person is guilty of simulating legal process when he delivers or causes to be delivered to another a request for the payment of money on behalf of a creditor knowing that in form and substance it simulates any legal process issued by any court of this state.

(2) Simulating legal process is a Class B misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 210, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 524.120

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 524. Interference with Judicial Administration (Refs & Annos)

524.120 Intimidating a judicial officer--Repealed

CREDIT(S)

HISTORY: 2002 c 251, § 6, eff. 7-15-02; 1976 c 69, § 1, eff. 6-19-76

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 524.130

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 524. Interference with Judicial Administration (Refs & Annos)

524.130 Unauthorized practice of law

(1) Except as provided in KRS 341.470 and subsection (2) of this section, a person is guilty of unlawful practice of law when, without a license issued by the Supreme Court, he engages in the practice of law, as defined by rule of the Supreme Court.

(2) A licensed nonresident attorney in good standing, although not licensed in Kentucky, is not guilty of unlawful practice if, in accordance with rules adopted by the Supreme Court, he practices law under specific authorization of a court.

(3) Unlawful practice of law is a Class B misdemeanor.

CREDIT(S)

HISTORY: 1984 c 12, § 2, eff. 7-13-84; 1976 c 58, § 11

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 524.140

Effective: June 26, 2007

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 524. Interference with Judicial Administration (Refs & Annos)

524.140 Disposal of evidence that may be subject to DNA testing; motion to destroy; liability for destruction; penalty; retention of biological material

(1) As used in this section:

(a) “Defendant” means a person charged with a:

1. Capital offense, Class A felony, Class B felony, or Class C felony; or

2. Class D felony under KRS Chapter 510; and

(b) “Following trial” means after:

1. The first appeal authorized by the Constitution of Kentucky in a criminal case has been decided; or

2. The time for the first appeal authorized by the Constitution of Kentucky in a criminal case has lapsed without an appeal having been filed.

(2) No item of evidence gathered by law enforcement, prosecutorial, or defense authorities that may be subject to deoxyribonucleic acid (DNA) evidence testing and analysis in order to confirm the guilt or innocence of a criminal defendant shall be disposed of prior to trial of a criminal defendant unless:

(a) The prosecution has determined that the defendant will not be tried for the criminal offense;

(b) The prosecution has made a motion before the court in which the case would have been tried to destroy the evidence; and

(c) The court has, following an adversarial proceeding in which the prosecution and the defendant were heard, authorized the destruction of the evidence by court order.

(3) No item of evidence gathered by law enforcement, prosecutorial, or defense authorities that may be subject to deoxyribonucleic acid (DNA) evidence testing and analysis in order to confirm the guilt or innocence of a criminal defendant shall be disposed of following the trial unless:

(a) The evidence, together with DNA evidence testing and analysis results, has been presented at the trial, and the defendant has been found guilty, pled guilty, or entered an Alford plea at the trial;

(b) The evidence was not introduced at the trial, or if introduced at the trial was not the subject of DNA testing and analysis, and the defendant has been found guilty, pled guilty, or entered an Alford plea at the trial, and the trial court has ordered the destruction of the evidence after an adversarial hearing conducted upon motion of either the prosecution or the defendant;

(c) The trial resulted in the defendant being found not guilty or the charges were dismissed after jeopardy attached, whether or not the evidence was introduced at the trial or was subject to DNA testing and analysis or not, and the trial court ordered the destruction of the evidence after an adversarial hearing conducted upon motion of either the prosecution or the defendant; or

(d) The trial resulted in the dismissal of charges against the defendant, and the defendant may be subject to retrial, in which event the evidence shall be retained until after the retrial, which shall be considered a new trial for the purposes of this section.

(4) The burden of proof for a motion to destroy evidence that may be subject to DNA testing and analysis shall be upon the party making the motion, and the court may permit the destruction of the evidence under this section upon good cause shown favoring its destruction.

(5) It is recognized by the General Assembly that the DNA evidence laboratory testing and analysis procedure consumes and destroys a portion of the evidence or may destroy all of the evidence if the sample is small. The consuming and destruction of evidence during the laboratory analysis process shall not result in liability for its consumption or destruction if the following conditions are met:

(a) The Department of Kentucky State Police laboratory uses a method of testing and analysis which preserves as much of the biological material or other evidence tested and analyzed as is reasonably possible; or

(b) If the Department of Kentucky State Police laboratory knows or reasonably believes that the entire sample of evidence to be tested and analyzed that the laboratory, prior to the testing or analysis of the evidence, notifies in writing the court which ordered the testing and analysis and counsel for all parties:

1. That the entire sample of evidence may be destroyed by the testing and analysis;

2. The possibility that another laboratory may be able to perform the testing and analysis in a less destructive manner with at least equal results;

3. The name of the laboratory capable of performing the testing and analysis, the costs of testing and analysis, the advantages of sending the material to that other laboratory, and the amount of biological material or other evidence which might be saved by alternative testing and analysis; and

4. The Department of Kentucky State Police laboratory follows the directive of the court with regard to the testing and analysis; or

(c) If the Department of Kentucky State Police laboratory knows or reasonably believes that so much of the biological material or evidence may be consumed or destroyed in the testing and analysis that an insufficient sample will remain for independent testing and analysis that the laboratory follows the procedure specified in paragraph (b) of this subsection.

(6) Destruction of evidence in violation of this section shall be a violation of KRS 524.100.

(7) Subject to KRS 422.285(6), the appropriate governmental entity shall retain any biological material secured in connection with a criminal case for the period of time that any person remains incarcerated in connection with that case. The governmental entity shall have the discretion to determine how the evidence is retained pursuant to this section, provided that the evidence is retained in a condition suitable for DNA testing and analysis.

CREDIT(S)

HISTORY: 2007 c 85, § 328, eff. 6-26-07; 2002 c 154, § 10, eff. 7-15-02

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS T. L, Ch. 525, Refs & Annos

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 525. Riot, Disorderly Conduct, and Related Offenses

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 525.010

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 525. Riot, Disorderly Conduct, and Related Offenses (Refs & Annos)

525.010 Definitions for chapter

The following definitions apply in this chapter unless the context otherwise requires:

(1) “Desecrate” means defacing, damaging, polluting, or otherwise physically mistreating in a way that the actor knows will outrage the sensibilities of persons likely to observe or discover his action.

(2) “Public” means affecting or likely to affect a substantial group of persons.

(3) “Public place” means a place to which the public or a substantial group of persons has access and includes but is not limited to highways, transportation facilities, schools, places of amusements, parks, places of business, playgrounds, and hallways, lobbies, and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence. An act is deemed to occur in a public place if it produces its offensive or proscribed consequences in a public place.

(4) “Transportation facility” means any conveyance, premises, or place used for or in connection with public passenger transportation by air, railroad, motor vehicle, or any other method. It includes aircraft, watercraft, railroad cars, buses, and air, boat, railroad, and bus terminals and stations and all appurtenances thereto.

(5) “Riot” means a public disturbance involving an assemblage of five (5) or more persons which by tumultuous and violent conduct creates grave danger of damage or injury to property or persons or substantially obstructs law enforcement or other government function.

(6) “Service animal” includes a:

(a) “Bomb detection dog,” which means a dog that is trained to locate bombs or explosives by scent;

(b) “Narcotic detection dog,” which means a dog that is trained to locate narcotics by scent;

(d) “Tracking dog,” which means a dog that is trained to track and find a missing person, escaped inmate, or fleeing felon;

(e) “Search and rescue dog,” which means a dog that is trained to locate lost or missing persons, victims of natural or man-made disasters, and human bodies;

(f) “Accelerant detection dog,” which means a dog that is trained for accelerant detection, commonly referred to as arson canines;

(g) “Cadaver dog,” which means a dog that is trained to find human remains;

(h) “Assistance dog,” which means any dog that is trained to meet the requirements of KRS 258.500;

(i) Any dog that is trained in more than one (1) of the disciplines specified in paragraphs (a) to (h) of this subsection; or

(j) “Police horse,” which means any horse that is owned, or the service of which is employed, by a law enforcement agency for the principal purpose of aiding in detection of criminal activity, enforcement of laws, and apprehension of offenders.

CREDIT(S)

HISTORY: 2002 c 94, § 4, eff. 7-15-02; 1998 c 419, § 1, eff. 7-15-98; 1974 c 406, § 211, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 525.020

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 525. Riot, Disorderly Conduct, and Related Offenses (Refs & Annos)

525.020 Riot in the first degree

(1) A person is guilty of riot in the first degree when:

(a) He knowingly participates in a riot; and

(b) In the course of and as a result of such riot a person other than one (1) of the participants suffers physical injury or substantial property damage occurs.

(2) Riot in the first degree is a Class D felony.

CREDIT(S)

HISTORY: 1974 c 406, § 212, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 525.030

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 525. Riot, Disorderly Conduct, and Related Offenses (Refs & Annos)

525.030 Riot in the second degree

(1) A person is guilty of riot in the second degree when he knowingly participates in a riot.

(2) Riot in the second degree is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 213, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 525.040

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 525. Riot, Disorderly Conduct, and Related Offenses (Refs & Annos)

525.040 Inciting to riot

(1) A person is guilty of inciting to riot when he incites or urges five (5) or more persons to create or engage in a riot.

(2) Inciting to riot is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 214, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 525.050

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 525. Riot, Disorderly Conduct, and Related Offenses (Refs & Annos)

525.050 Unlawful assembly

(1) A person is guilty of unlawful assembly when:

(a) He assembles with five (5) or more persons for the purpose of engaging or preparing to engage with them in a riot; or

(b) Being present at an assembly which either has or develops such a purpose, he remains there with intent to advance that purpose.

(2) Unlawful assembly is a Class B misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 215, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 525.055

Effective: June 26, 2007

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 525. Riot, Disorderly Conduct, and Related Offenses (Refs & Annos)

525.055 Disorderly conduct in the first degree

(1) A person is guilty of disorderly conduct in the first degree when he or she:

(a) In a public place and with intent to cause public inconvenience, annoyance, or alarm, or wantonly creating a risk thereof:

1. Engages in fighting or in violent, tumultuous, or threatening behavior;

2. Makes unreasonable noise; or

3. Creates a hazardous or physically offensive condition by any act that serves no legitimate purpose; and

(b) Acts in a way described in paragraph (a) of this subsection within three hundred (300) feet of a:

1. Cemetery during a funeral or burial;

2. Funeral home during the viewing of a deceased person;

3. Funeral procession;

4. Funeral or memorial service; or

5. Building in which a funeral or memorial service is being conducted; and

(c) Acts in a way described in paragraph (a) of this subsection at any point in time between one (1) hour prior to the commencement of an event specified in paragraph (b) of this subsection and one (1) hour following its conclusion; and

(d) Knows that he or she is within three hundred (300) feet of an occasion described in paragraph (b) of this subsection.

(2) Disorderly conduct in the first degree is a Class A misdemeanor.

CREDIT(S)

HISTORY: 2007 c 107, § 2, eff. 6-26-07; 2006 c 51, § 1, c 50, § 1, eff. 3-27-06

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 525.060

Effective: March 27, 2006

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 525. Riot, Disorderly Conduct, and Related Offenses (Refs & Annos)

525.060 Disorderly conduct in the second degree

(1) A person is guilty of disorderly conduct in the second degree when in a public place and with intent to cause public inconvenience, annoyance, or alarm, or wantonly creating a risk thereof, he:

(a) Engages in fighting or in violent, tumultuous, or threatening behavior;

(b) Makes unreasonable noise;

(c) Refuses to obey an official order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard, or other emergency; or

(d) Creates a hazardous or physically offensive condition by any act that serves no legitimate purpose.

(2) Disorderly conduct in the second degree is a Class B misdemeanor.

CREDIT(S)

HISTORY: 2006 c 51, § 2, c 50, § 2, eff. 3-27-06; 1974 c 406, § 216, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 525.070

Effective: July 15, 2008

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 525. Riot, Disorderly Conduct, and Related Offenses (Refs & Annos)

525.070 Harassment

(1) A person is guilty of harassment when, with intent to intimidate, harass, annoy, or alarm another person, he or she:

(a) Strikes, shoves, kicks, or otherwise subjects him to physical contact;

(b) Attempts or threatens to strike, shove, kick, or otherwise subject the person to physical contact;

(c) In a public place, makes an offensively coarse utterance, gesture, or display, or addresses abusive language to any person present;

(d) Follows a person in or about a public place or places;

(e) Engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose; or

(f) Being enrolled as a student in a local school district, and while on school premises, on school-sponsored transportation, or at a school-sponsored event:

1. Damages or commits a theft of the property of another student;

2. Substantially disrupts the operation of the school; or

3. Creates a hostile environment by means of any gestures, written communications, oral statements, or physical acts that a reasonable person under the circumstances should know would cause another student to suffer fear of physical harm, intimidation, humiliation, or embarrassment.

(2) (a) Except as provided in paragraph (b) of this subsection, harassment is a violation.

(b) Harassment, as defined in paragraph (a) of subsection (1) of this section, is a Class B misdemeanor.

CREDIT(S)

HISTORY: 2008 c 125, § 4, eff. 7-15-08; 1996 c 345, § 3, eff. 7-15-96; 1974 c 406, § 217, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 525.080

Effective: July 15, 2008

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 525. Riot, Disorderly Conduct, and Related Offenses (Refs & Annos)

525.080 Harassing communications

(1) A person is guilty of harassing communications when, with intent to intimidate, harass, annoy, or alarm another person, he or she:

(a) Communicates with a person, anonymously or otherwise, by telephone, telegraph, mail, or any other form of written communication in a manner which causes annoyance or alarm and serves no purpose of legitimate communication;

(b) Makes a telephone call, whether or not conversation ensues, with no purpose of legitimate communication; or

(c) Communicates, while enrolled as a student in a local school district, with or about another school student, anonymously or otherwise, by telephone, the Internet, telegraph, mail, or any other form of electronic or written communication in a manner which a reasonable person under the circumstances should know would cause the other student to suffer fear of physical harm, intimidation, humiliation, or embarrassment and which serves no purpose of legitimate communication.

(2) Harassing communications is a Class B misdemeanor.

CREDIT(S)

HISTORY: 2008 c 125, § 5, eff. 7-15-08; 1974 c 406, § 218, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 525.090

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 525. Riot, Disorderly Conduct, and Related Offenses (Refs & Annos)

525.090 Loitering

(1) A person is guilty of loitering when he:

(a) Loiters or remains in a public place for the purpose of gambling with cards, dice or other gambling paraphernalia, except that the provisions of this section shall not apply if the person is participating in charitable gaming defined by KRS 238.505; or

(b) Loiters or remains in a public place for the purpose of unlawfully using a controlled substance; or

(c) Loiters or remains in or about a school, college or university building or grounds, not having any reason or relationship involving custody of or responsibility for a pupil or student or any other specific legitimate reason for being there and not having written permission from anyone authorized to grant the same; or

(d) Loiters or remains in any transportation facility, unless specifically authorized to do so, for the purpose of soliciting or engaging in any business, trade or commercial transactions involving the sale of merchandise or services.

(2) Loitering is a violation.

CREDIT(S)

HISTORY: 1994 c 66, § 18, eff. 3-16-94; 1984 c 102, § 2, eff. 7-13-84; 1980 c 267, § 8; 1974 c 406, § 219

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 525.100

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 525. Riot, Disorderly Conduct, and Related Offenses (Refs & Annos)

525.100 Public intoxication

(1) A person is guilty of public intoxication when he appears in a public place manifestly under the influence of a controlled substance, or other intoxicating substance, excluding alcohol (unless the alcohol is present in combination with any of the above), not therapeutically administered, to the degree that he may endanger himself or other persons or property, or unreasonably annoy persons in his vicinity.

(2) Public intoxication is a Class B misdemeanor.

CREDIT(S)

HISTORY: 1986 c 336, § 9, eff. 7-1-86; 1984 c 205, § 1; 1982 c 312, § 11, 14, 15; 1980 c 254, § 11; 1974 c 406, § 220

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 525.105

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 525. Riot, Disorderly Conduct, and Related Offenses (Refs & Annos)

525.105 Desecration of venerated objects, first degree

(1) A person is guilty of desecration of venerated objects in the first degree when, other than authorized by law, he intentionally excavates or disinters human remains for the purpose of commercial sale or exploitation of the remains themselves or of objects buried contemporaneously with the remains.

(2) Desecration of venerated objects in the first degree is a Class C felony.

CREDIT(S)

HISTORY: 2002 c 276, § 6, eff. 7-15-02; 1988 c 119, § 1, eff. 3-30-88

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 525.110

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 525. Riot, Disorderly Conduct, and Related Offenses (Refs & Annos)

525.110 Desecration of venerated objects, second degree

(1) A person is guilty of desecration of venerated objects in the second degree when he intentionally:

(a) Desecrates any public monument or object or place of worship; or

(b) Desecrates in a public place the national or state flag or other patriotic or religious symbol which is an object of veneration by the public or a substantial segment thereof.

(2) Desecration of venerated objects in the second degree is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1992 c 420, § 3, eff. 7-14-92; 1988 c 119, § 2; 1974 c 406, § 221

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 525.113

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 525. Riot, Disorderly Conduct, and Related Offenses (Refs & Annos)

525.113 Institutional vandalism

(1) A person is guilty of institutional vandalism when he, because of race, color, religion, sexual orientation, or national origin of another individual or group of individuals, knowingly vandalizes, defaces, damages, or desecrates objects defined in KRS 525.110.

(2) Institutional vandalism is a Class D felony.

CREDIT(S)

HISTORY: 1998 c 606, § 52, eff. 7-15-98

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 525.115

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 525. Riot, Disorderly Conduct, and Related Offenses (Refs & Annos)

525.115 Violating graves

(1) A person is guilty of violating graves when he intentionally:

(a) Mutilates the graves, monuments, fences, shrubbery, ornaments, grounds, or buildings in or enclosing any cemetery or place of sepulture; or

(b) Violates the grave of any person by destroying, removing, or damaging the headstone or footstone, or the tomb over the enclosure protecting any grave; or

(2) The provisions of subsection (1) of this section shall not apply to ordinary maintenance and care of a cemetery nor the removal and relocation of graves pursuant to procedures authorized by and in accordance with applicable statutes.

(3) Violating graves is a Class D felony.

(4) The court shall order the defendant to restore the cemetery to its pre-damage condition.

CREDIT(S)

HISTORY: 2002 c 276, § 7, eff. 7-15-02; 2000 c 123, § 1, eff. 7-14-00; 1992 c 420, § 2, eff. 7-14-92

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 525.120

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 525. Riot, Disorderly Conduct, and Related Offenses (Refs & Annos)

525.120 Abuse of corpse

(1) A person is guilty of abuse of a corpse when except as authorized by law he intentionally treats a corpse in a way that would outrage ordinary family sensibilities. A person shall also be guilty of abuse of a corpse if that person enters into a contract and accepts remuneration for the preparation of a corpse for burial or the burial or cremation of a corpse and then deliberately fails to prepare, bury, or cremate that corpse in accordance with that contract.

(2) Abuse of a corpse is a Class A misdemeanor, unless the act attempted or committed involved sexual intercourse or deviate sexual intercourse with the corpse or the deliberate failure to prepare, bury, or cremate a corpse after the acceptance of remuneration in accordance with any contract negotiated, in which case it is a Class D felony.

CREDIT(S)

HISTORY: 2002 c 276, § 8, eff. 7-15-02; 2000 c 490, § 1, eff. 7-14-00; 1974 c 406, § 222, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 525.125

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 525. Riot, Disorderly Conduct, and Related Offenses (Refs & Annos)

525.125 Cruelty to animals in the first degree

(1) The following persons are guilty of cruelty to animals in the first degree whenever a four-legged animal is caused to fight for pleasure or profit:

(a) The owner of the animal;

(b) The owner of the property on which the fight is conducted if the owner knows of the fight;

(2) Activities of animals engaged in hunting, field trials, dog training, and other activities authorized either by a hunting license or by the Department of Fish and Wildlife shall not constitute a violation of this section.

(3) Cruelty to animals in the first degree is a Class D felony.

CREDIT(S)

HISTORY: 1992 c 463, § 65, eff. 7-14-92; 1984 c 67, § 2

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 525.130

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 525. Riot, Disorderly Conduct, and Related Offenses (Refs & Annos)

525.130 Cruelty to animals in the second degree; exemptions

(1) A person is guilty of cruelty to animals in the second degree when except as authorized by law he intentionally or wantonly:

(a) Subjects any animal to or causes cruel or injurious mistreatment through abandonment, participates other than as provided in KRS 525.125 in causing it to fight for pleasure or profit (including, but not limited to being a spectator or vendor at an event where a four (4) legged animal is caused to fight for pleasure or profit), mutilation, beating, torturing any animal other than a dog or cat, tormenting, failing to provide adequate food, drink, space, or health care, or by any other means;

(b) Subjects any animal in his custody to cruel neglect; or

(c) Kills any animal other than a domestic animal killed by poisoning. This paragraph shall not apply to intentional poisoning of a dog or cat. Intentional poisoning of a dog or cat shall constitute a violation of this section.

(2) Nothing in this section shall apply to the killing of animals:

(a) Pursuant to a license to hunt, fish, or trap;

(b) Incident to the processing as food or for other commercial purposes;

(d) For veterinary, agricultural, spaying or neutering, or cosmetic purposes;

(e) For purposes relating to sporting activities, including but not limited to horse racing at organized races and training for organized races, organized horse shows, or other animal shows;

(f) For bona fide animal research activities of institutions of higher education; or a business entity registered with the United States Department of Agriculture under the Animal Welfare Act or subject to other federal laws governing animal research;

(g) In defense of self or another person against an aggressive or diseased animal;

(h) In defense of a domestic animal against an aggressive or diseased animal;

(i) For animal or pest control; or

(j) For any other purpose authorized by law.

(3) Activities of animals engaged in hunting, field trials, dog training other than training a dog to fight for pleasure or profit, and other activities authorized either by a hunting license or by the Department of Fish and Wildlife shall not constitute a violation of this section.

(4) Cruelty to animals in the second degree is a Class A misdemeanor.

CREDIT(S)

HISTORY: 2003 c 181, § 2, eff. 6-24-03; 1992 c 463, § 66, eff. 7-14-92; 1984 c 67, § 1; 1974 c 406, § 223

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 525.135

Effective: July 15, 2008

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 525. Riot, Disorderly Conduct, and Related Offenses (Refs & Annos)

525.135 Torture of dog or cat

(1) As used in this section, unless the context otherwise requires, “torture” means the intentional infliction of or subjection to extreme physical pain or injury, motivated by an intent to increase or prolong the pain of the animal.

(2) A person is guilty of torture of a dog or cat when he or she without legal justification intentionally tortures a domestic dog or cat.

(3) Torture of a dog or cat is a Class A misdemeanor for the first offense and a Class D felony for each subsequent offense if the dog or cat suffers physical injury as a result of the torture, and a Class D felony if the dog or cat suffers serious physical injury or death as a result of the torture.

(4) Nothing in this section shall apply to the killing or injuring of a dog or cat:

(a) In accordance with a license to hunt, fish, or trap;

(b) For humane purposes;

(d) For purposes relating to sporting activities including but not limited to training for organized dog or cat shows, or other animal shows in which a dog or a cat, or both, participate;

(e) For bona fide animal research activities, using dogs or cats, of institutions of higher education; or a business entity registered with the United States Department of Agriculture under the Animal Welfare Act or subject to other federal laws governing animal research;

(f) In defense of self or another person against an aggressive or diseased dog or cat;

(g) In defense of a domestic animal against an aggressive or diseased dog or cat;

(h) For animal or pest control; or

(i) For any other purpose authorized by law.

(5) Activities of animals engaged in hunting, field trials, dog training other than training a dog to fight for pleasure or profit, and other activities authorized either by a hunting license or by the Department of Fish and Wildlife Resources shall not constitute a violation of this section.

(6) The acts specified in this section shall not constitute cruelty to animals under KRS 525.125 or 525.130.

CREDIT(S)

HISTORY: 2008 c 136, § 1, eff. 7-15-08; 2003 c 181, § 1, eff. 6-24-03

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 525.140

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 525. Riot, Disorderly Conduct, and Related Offenses (Refs & Annos)

525.140 Obstructing a highway or other public passage

(1) A person is guilty of obstructing a highway or other public passage when having no legal privilege to do so he, alone or with other persons, intentionally or wantonly renders any highway or public passage impassable without unreasonable inconvenience or hazard.

(2) No person shall be convicted under this section solely because of a gathering of persons to hear him speak or otherwise communicate or solely because of being a member of such a gathering.

(3) An order to disperse issued by a peace officer or other public servant engaged in executing or enforcing the law and addressed to a person whose speech or other lawful behavior attracts an obstructing audience shall not be deemed lawful if the obstruction can be readily remedied by police control of the size or location of the gathering.

(4) Obstructing a highway or other public passage is a Class B misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 224, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 525.145

Effective: March 27, 2006

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 525. Riot, Disorderly Conduct, and Related Offenses (Refs & Annos)

525.145 Disrupting meetings and processions in the first degree

(1) A person is guilty of disrupting meetings and processions in the first degree when, with intent to prevent or disrupt a funeral or burial, funeral home viewing of a deceased person, funeral procession, or funeral or memorial service for a deceased person, he or she does any act tending to obstruct or interfere with it physically or makes any utterance, gesture, or display designed to outrage the sensibilities of the group attending the occasion.

(2) Disrupting meetings and processions in the first degree is a Class A misdemeanor.

CREDIT(S)

HISTORY: 2006 c 51, § 3, c 50, § 3, eff. 3-27-06

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 525.150

Effective: March 27, 2006

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 525. Riot, Disorderly Conduct, and Related Offenses (Refs & Annos)

525.150 Disrupting meetings and processions in the second degree

(1) A person is guilty of disrupting meetings and processions in the second degree when, with intent to prevent or disrupt a lawful meeting, procession, or gathering, he or she does any act tending to obstruct or interfere with it physically or makes any utterance, gesture, or display designed to outrage the sensibilities of the group.

(2) Disrupting meetings and processions in the second degree is a Class B misdemeanor.

CREDIT(S)

HISTORY: 2006 c 51, § 4, c 50, § 4, eff. 3-27-06; 1974 c 406, § 225, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 525.155

Effective: June 26, 2007

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 525. Riot, Disorderly Conduct, and Related Offenses (Refs & Annos)

525.155 Interference with a funeral

(1) A person is guilty of interference with a funeral when, at any point in time between one (1) hour prior to the commencement of an event specified in this subsection and one (1) hour following its conclusion, he or she blocks, impedes, inhibits, or in any other manner obstructs or interferes with access into or from any building or parking lot of a building in which a funeral, wake, memorial service, or burial is being conducted, or any burial plot or the parking lot of the cemetery in which a funeral, wake, memorial service, or burial is being conducted.

(2) Interference with a funeral is a Class B misdemeanor.

CREDIT(S)

HISTORY: 2007 c 107, § 3, eff. 6-26-07; 2006 c 51, § 5, c 50, § 5, eff. 3-27-06

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 525.160

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 525. Riot, Disorderly Conduct, and Related Offenses (Refs & Annos)

525.160 Failure to disperse

(1) A person is guilty of failure to disperse if he participates with two (2) or more persons in a course of disorderly conduct likely to cause substantial harm or serious inconvenience, annoyance or alarm, and intentionally refuses to disperse when ordered to do so by a peace officer or other public servant engaged in executing or enforcing the law.

(2) Failure to disperse is a Class B misdemeanor.

CREDIT(S)

HISTORY: 1980 c 49, § 14, eff. 7-15-80

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 525.200

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 525. Riot, Disorderly Conduct, and Related Offenses (Refs & Annos)

Assaults on Service Animals

525.200 Assault on a service animal in the first degree

(1) A person is guilty of assault on a service animal in the first degree when he intentionally and without legal justification or lawful authority kills or causes physical injury to a service animal to the extent that a service animal becomes physically incapable of ever returning to service.

(2) Assault on a service animal in the first degree is a Class D felony.

CREDIT(S)

HISTORY: 1998 c 419, § 2, eff. 7-15-98

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 525.205

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 525. Riot, Disorderly Conduct, and Related Offenses (Refs & Annos)

Assaults on Service Animals

525.205 Assault on a service animal in the second degree

(1) A person is guilty of assault on a service animal in the second degree when he intentionally and without legal justification or lawful authority causes physical injury to a service animal.

(2) Assault on a service animal in the second degree is a Class B misdemeanor.

CREDIT(S)

HISTORY: 1998 c 419, § 3, eff. 7-15-98

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 525.210

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 525. Riot, Disorderly Conduct, and Related Offenses (Refs & Annos)

Assaults on Service Animals

525.210 Duty status of service animal not a factor in application of KRS 525.200 and 525.205

KRS 525.200 and 525.205 shall apply whether or not the service animal is on duty or off duty.

CREDIT(S)

HISTORY: 1998 c 419, § 4, eff. 7-15-98

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 525.215

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 525. Riot, Disorderly Conduct, and Related Offenses (Refs & Annos)

Assaults on Service Animals

525.215 Defendant's liability for damages upon conviction of assault on a service animal

In any case in which a defendant is convicted of a violation of the provisions of KRS 525.200 or 525.205, the defendant may be ordered to make restitution to the person or agency owning the animal for any veterinary bills, replacement costs of the animal if it is disabled or killed, and the salary of the animal handler for the period of time his services are lost to the agency or self-employment.

CREDIT(S)

HISTORY: 1998 c 419, § 5, eff. 7-15-98

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 525.220

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 525. Riot, Disorderly Conduct, and Related Offenses (Refs & Annos)

Assaults on Service Animals

525.220 Bars and defenses to conviction of assault on a service animal

No person shall be convicted of assault on a service animal when:

(1) He has also been convicted of a violation of KRS 525.125, 525.130, 512.020, 512.030, or 512.040 arising out of the same incident; or

(2) He has destroyed or treated a service animal that is injured, diseased, or suffering or that constitutes a hazard to public safety if not destroyed; or

(3) He has used physical force against the service animal in protection of himself or a third person; or

(4) He has used physical force without knowledge that the animal was a service animal.

CREDIT(S)

HISTORY: 1998 c 419, § 6, eff. 7-15-98

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS T. L, Ch. 526, Refs & Annos

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 526. Eavesdropping and Related Offenses

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 526.010

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 526. Eavesdropping and Related Offenses (Refs & Annos)

526.010 Definition

The following definition applies in this chapter, unless the context otherwise requires:

“Eavesdrop” means to overhear, record, amplify or transmit any part of a wire or oral communication of others without the consent of at least one (1) party thereto by means of any electronic, mechanical or other device.

CREDIT(S)

HISTORY: 1974 c 406, § 226, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 526.020

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 526. Eavesdropping and Related Offenses (Refs & Annos)

526.020 Eavesdropping

(1) A person is guilty of eavesdropping when he intentionally uses any device to eavesdrop, whether or not he is present at the time.

(2) Eavesdropping is a Class D felony.

CREDIT(S)

HISTORY: 1974 c 406, § 227, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 526.030

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 526. Eavesdropping and Related Offenses (Refs & Annos)

526.030 Installing eavesdropping device

(1) A person is guilty of installing an eavesdropping device when he intentionally installs or places such a device in any place with the knowledge that it is to be used for eavesdropping.

(2) Installing an eavesdropping device is a Class D felony.

CREDIT(S)

HISTORY: 1974 c 406, § 228, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 526.040

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 526. Eavesdropping and Related Offenses (Refs & Annos)

526.040 Possession of eavesdropping device

(1) A person is guilty of possession of an eavesdropping device when he possesses any electronic, mechanical or other device designed or commonly used for eavesdropping with intent to use that device to eavesdrop or knowing that another intends to use that device to eavesdrop.

(2) Possession of an eavesdropping device is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 229, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 526.050

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 526. Eavesdropping and Related Offenses (Refs & Annos)

526.050 Tampering with private communications

(1) A person is guilty of tampering with private communications when knowing that he does not have the consent of the sender or receiver, he unlawfully:

(a) Opens or reads a sealed letter or other sealed private communication; or

(b) Obtains in any manner from an employee, officer or representative of a communications common carrier information with respect to the contents or nature of a communication.

(2) The provisions of this section do not apply to the censoring of sealed letters or sealed communications for security purposes in official detention or penal facilities.

(3) Tampering with private communications is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 230, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 526.060

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 526. Eavesdropping and Related Offenses (Refs & Annos)

526.060 Divulging illegally obtained information

(1) A person is guilty of divulging illegally obtained information when he knowingly uses or divulges information obtained through eavesdropping or tampering with private communications or learned in the course of employment with a communications common carrier engaged in transmitting the message.

(2) Divulging illegally obtained information is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 231, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 526.070

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 526. Eavesdropping and Related Offenses (Refs & Annos)

526.070 Eavesdropping; exceptions

A person is not guilty under this chapter when he:

(1) Inadvertently overhears the communication through a regularly installed telephone party line or on a telephone extension but does not divulge it; or

(2) Is an employee of a communications common carrier who, while acting in the course of his employment, intercepts, discloses or uses a communication transmitted through the facilities of his employer for a purpose which is a necessary incident to the rendition of the service or to the protection of the rights or the property of the carrier of such communication, provided however that communications common carriers shall not utilize service observing or random monitoring except for mechanical or service quality control checks.

CREDIT(S)

HISTORY: 1976 c 230, eff. 6-19-76; 1974 c 406, § 232

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 526.080

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 526. Eavesdropping and Related Offenses (Refs & Annos)

526.080 Forfeiture

Any electronic, mechanical or other device designed or commonly used for eavesdropping which is possessed or used in violation of this chapter, is forfeited to the state and shall be disposed of in accordance with KRS 500.090.

CREDIT(S)

HISTORY: 1974 c 406, § 233, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS T. L, Ch. 527, Refs & Annos

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 527. Offenses Relating to Firearms and Weapons

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 527.010

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 527. Offenses Relating to Firearms and Weapons (Refs & Annos)

527.010 Definitions for chapter

The following definitions apply in this chapter unless the context otherwise requires:

(1) “Booby trap device” shall have the same meaning as set forth in KRS 237.030.

(2) “Deface” means to remove, deface, cover, alter, or destroy the manufacturer's serial number or any other distinguishing number or identification mark.

(3) “Destructive device” shall have the same meaning as set forth in KRS 237.030.

(4) “Firearm” means any weapon which will expel a projectile by the action of an explosive.

(5) “Handgun” means any pistol or revolver originally designed to be fired by the use of a single hand, or any other firearm originally designed to be fired by the use of a single hand.

CREDIT(S)

HISTORY: 1994 c 391, § 2, eff. 7-15-94; 1974 c 406, § 234, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 527.020

Effective: July 12, 2012

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 527. Offenses Relating to Firearms and Weapons (Refs & Annos)

527.020 Carrying concealed deadly weapon

(1) A person is guilty of carrying a concealed weapon when he or she carries concealed a firearm or other deadly weapon on or about his or her person.

(2) Peace officers and certified court security officers, when necessary for their protection in the discharge of their official duties; United States mail carriers when actually engaged in their duties; and agents and messengers of express companies, when necessary for their protection in the discharge of their official duties, may carry concealed weapons on or about their person.

(3) The director of the Division of Law Enforcement in the Department of Fish and Wildlife Resources, conservation officers of the Department of Fish and Wildlife Resources, and policemen directly employed by state, county, city, or urban-county governments may carry concealed deadly weapons on or about their person at all times within the Commonwealth of Kentucky, when expressly authorized to do so by law or by the government employing the officer.

(4) Persons, except those specified in subsection (5) of this section, licensed to carry a concealed deadly weapon pursuant to KRS 237.110 may carry a firearm or other concealed deadly weapon on or about their persons at all times within the Commonwealth of Kentucky, if the firearm or concealed deadly weapon is carried in conformity with the requirements of that section. Unless otherwise specifically provided by the Kentucky Revised Statutes or applicable federal law, no criminal penalty shall attach to carrying a concealed firearm or other deadly weapon with a permit at any location at which an unconcealed firearm or other deadly weapon may be constitutionally carried. No person or organization, public or private, shall prohibit a person licensed to carry a concealed deadly weapon from possessing a firearm, ammunition, or both, or other deadly weapon in his or her vehicle in compliance with the provisions of KRS 237.110 and 237.115. Any attempt by a person or organization, public or private, to violate the provisions of this subsection may be the subject of an action for appropriate relief or for damages in a Circuit Court or District Court of competent jurisdiction.

(5) (a) The following persons, if they hold a license to carry a concealed deadly weapon pursuant to KRS 237.110, may carry a firearm or other concealed deadly weapon on or about their persons at all times and at all locations within the Commonwealth of Kentucky, without any limitation other than as provided in this subsection:

1. A Commonwealth's attorney or assistant Commonwealth's attorney;

2. A retired Commonwealth’s attorney or retired assistant Commonwealth’s attorney;

3. A county attorney or assistant county attorney;

4. A retired county attorney or retired assistant county attorney;

5. A justice or judge of the Court of Justice; and

6. A retired or senior status justice or judge of the Court of Justice.

(b) The provisions of this subsection shall not authorize a person specified in this subsection to carry a concealed deadly weapon in a detention facility as defined in KRS 520.010 or on the premises of a detention facility without the permission of the warden, jailer, or other person in charge of the facility, or the permission of a person authorized by the warden, jailer, or other person in charge of the detention facility to give such permission. As used in this section, “detention facility” does not include courtrooms, facilities, or other premises used by the Court of Justice or administered by the Administrative Office of the Courts.

(c) A person specified in this section who is issued a concealed deadly weapon license shall be issued a license which bears on its face the statement that it is valid at all locations within the Commonwealth of Kentucky and may have such other identifying characteristics as determined by the Department of Kentucky State Police.

(6) (a) Except provided in this subsection, the following persons may carry concealed deadly weapons on or about their person at all times and at all locations within the Commonwealth of Kentucky:

1. An elected sheriff and full-time and part-time deputy sheriffs certified pursuant to KRS 15.380 to 15.404 when expressly authorized to do so by the unit of government employing the officer;

2. An elected jailer and a deputy jailer who has successfully completed Department of Corrections basic training and maintains his or her current in-service training when expressly authorized to do so by the jailer; and

3. The department head or any employee of a corrections department in any jurisdiction where the office of elected jailer has been merged with the office of sheriff who has successfully completed Department of Corrections basic training and maintains his or her current in-service training when expressly authorized to do so by the unit of government by which he or she is employed.

(7) (a) A full-time paid peace officer of a government agency from another state or territory of the United States or an elected sheriff from another territory of the United States may carry a concealed deadly weapon in Kentucky, on or off duty, if the other state or territory accords a Kentucky full-time paid peace officer and a Kentucky elected sheriff the same rights by law. If the other state or territory limits a Kentucky full-time paid peace officer or elected sheriff to carrying a concealed deadly weapon while on duty, then that same restriction shall apply to a full-time paid peace officer or elected sheriff from that state or territory.

(8) A loaded or unloaded firearm or other deadly weapon shall not be deemed concealed on or about the person if it is located in any enclosed container, compartment, or storage space installed as original equipment in a motor vehicle by its manufacturer, including but not limited to a glove compartment, center console, or seat pocket, regardless of whether said enclosed container, storage space, or compartment is locked, unlocked, or does not have a locking mechanism. No person or organization, public or private, shall prohibit a person from keeping a loaded or unloaded firearm or ammunition, or both, or other deadly weapon in a vehicle in accordance with the provisions of this subsection. Any attempt by a person or organization, public or private, to violate the provisions of this subsection may be the subject of an action for appropriate relief or for damages in a Circuit Court or District Court of competent jurisdiction. This subsection shall not apply to any person prohibited from possessing a firearm pursuant to KRS 527.040.

(9) The provisions of this section shall not apply to a person who carries a concealed deadly weapon on or about his or her person without a license issued pursuant to KRS 237.110:

(a) If he or she is the owner of the property or has the permission of the owner of the property, on real property which he or she or his or her spouse, parent, grandparent, or child owns;

(b) If he or she is the lessee of the property or has the permission of the lessee of the property, on real property which he or she or his or her spouse, parent, grandparent, or child occupies pursuant to a lease; or

(10) Carrying a concealed weapon is a Class A misdemeanor, unless the defendant has been previously convicted of a felony in which a deadly weapon was possessed, used, or displayed, in which case it is a Class D felony.

CREDIT(S)

HISTORY: 2012 c 62, § 1, c 109, § 1, eff. 7-12-12; 2011 c 64, § 1, eff. 6-8-11; 2007 c 54, § 14, c 85, § 329, eff. 6-26-07; 2005 c 182, § 17, eff. 3-31-05; 2002 c 368, § 1, eff. 7-15-02; 1996 c 119, § 3, eff. 10-1-96; 1978 c 342, § 2, eff. 6-17-78; 1974 c 406, § 235

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 527.030

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 527. Offenses Relating to Firearms and Weapons (Refs & Annos)

527.030 Defacing a firearm

(1) A person is guilty of defacing a firearm when he intentionally defaces a firearm.

(2) Defacing a firearm is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 236, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 527.040

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 527. Offenses Relating to Firearms and Weapons (Refs & Annos)

527.040 Possession of firearm by convicted felon; exceptions

(1) A person is guilty of possession of a firearm by a convicted felon when he possesses, manufactures, or transports a firearm when he has been convicted of a felony, as defined by the laws of the jurisdiction in which he was convicted, in any state or federal court and has not:

(a) Been granted a full pardon by the Governor or by the President of the United States;

(b) Been granted relief by the United States Secretary of the Treasury pursuant to the Federal Gun Control Act of 1968, as amended.

(2) Possession of a firearm by a convicted felon is a Class D felony unless the firearm possessed is a handgun in which case it is a Class C felony.

(3) The provisions of this section shall apply to any youthful offender convicted of a felony offense under the laws of this Commonwealth. The exceptions contained in KRS 527.100 prohibiting possession of a handgun by a minor shall not apply to this section.

(4) The provisions of this section with respect to handguns, shall apply only to persons convicted after January 1, 1975, and with respect to other firearms, to persons convicted after July 15, 1994.

CREDIT(S)

HISTORY: 1994 c 396, § 10, c 30, § 3, eff. 7-15-94; 1974 c 406, § 237, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 527.050

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 527. Offenses Relating to Firearms and Weapons (Refs & Annos)

527.050 Possession of defaced firearm

(1) A person is guilty of possession of a defaced firearm when he knowingly possesses a defaced firearm unless he makes a report to the police or other appropriate government agency of such possession prior to arrest or authorization of a warrant by a court.

(2) Possession of a defaced firearm is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 238, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 527.060

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 527. Offenses Relating to Firearms and Weapons (Refs & Annos)

527.060 Forfeiture

Upon the conviction of any person for the violation of any law of this Commonwealth in which a deadly weapon was used, displayed or unlawfully possessed by such person the court shall order the weapon forfeited to the state and sold, destroyed or otherwise disposed of in accordance with KRS 500.090.

CREDIT(S)

HISTORY: 1974 c 406, § 239, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 527.070

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 527. Offenses Relating to Firearms and Weapons (Refs & Annos)

527.070 Unlawful possession of a weapon on school property; posting of sign; exemptions

(1) A person is guilty of unlawful possession of a weapon on school property when he knowingly deposits, possesses, or carries, whether openly or concealed, for purposes other than instructional or school-sanctioned ceremonial purposes, or the purposes permitted in subsection (3) of this section, any firearm or other deadly weapon, destructive device, or booby trap device in any public or private school building or bus, on any public or private school campus, grounds, recreation area, athletic field, or any other property owned, used, or operated by any board of education, school, board of trustees, regents, or directors for the administration of any public or private educational institution. The provisions of this section shall not apply to institutions of postsecondary or higher education.

(2) Each chief administrator of a public or private school shall display about the school in prominent locations, including, but not limited to, sports arenas, gymnasiums, stadiums, and cafeterias, a sign at least six (6) inches high and fourteen (14) inches wide stating:

UNLAWFUL POSSESSION OF A WEAPON ON SCHOOL PROPERTY IN KENTUCKY IS A FELONY PUNISHABLE BY A MAXIMUM OF FIVE (5) YEARS IN PRISON AND A TEN THOUSAND DOLLAR ($10,000) FINE.

Failure to post the sign shall not relieve any person of liability under this section.

(3) The provisions of this section prohibiting the unlawful possession of a weapon on school property shall not apply to:

(a) An adult who possesses a firearm, if the firearm is contained within a vehicle operated by the adult and is not removed from the vehicle, except for a purpose permitted herein, or brandished by the adult, or by any other person acting with expressed or implied consent of the adult, while the vehicle is on school property;

(b) Any pupils who are members of the reserve officers training corps or pupils enrolled in a course of instruction or members of a school club or team, to the extent they are required to carry arms or weapons in the discharge of their official class or team duties;

(d) Persons employed by the Armed Forces of the United States or members of the National Guard or militia when required in the discharge of their official duties to carry arms or weapons;

(e) Civil officers of the United States in the discharge of their official duties. Nothing in this section shall be construed as to allow any person to carry a concealed weapon into a public or private elementary or secondary school building;

(f) Any other persons, including, but not limited to, exhibitors of historical displays, who have been authorized to carry a firearm by the board of education or board of trustees of the public or private institution;

(g) A person hunting during the lawful hunting season on lands owned by any public or private educational institution and designated as open to hunting by the board of education or board of trustees of the educational institution;

(h) A person possessing unloaded hunting weapons while traversing the grounds of any public or private educational institution for the purpose of gaining access to public or private lands open to hunting with the intent to hunt on the public or private lands, unless the lands of the educational institution are posted prohibiting the entry; or

(i) A person possessing guns or knives when conducting or attending a “gun and knife show” when the program has been approved by the board of education or board of trustees of the educational institution.

(4) Unlawful possession of a weapon on school property is a Class D felony.

CREDIT(S)

HISTORY: 1996 c 119, § 4, eff. 10-1-96; 1994 c 391, § 1, eff. 7-15-94

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 527.080

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 527. Offenses Relating to Firearms and Weapons (Refs & Annos)

527.080 Using restricted ammunition during the commission of a crime; exception

(1) A person is guilty of using restricted ammunition during the commission of a crime when he commits any felony offense under this code and is armed at the time of the commission of the offense or in the immediate flight therefrom with a firearm loaded, as defined in KRS 237.060, with armor-piercing ammunition as defined in KRS 237.060 or flanged ammunition as defined in KRS 237.060.

(2) Using restricted ammunition during the commission of a crime is:

(a) A Class D felony if no shot is fired;

(b) A Class C felony if a shot is fired and no person is killed or wounded thereby;

(c) A Class B felony if a shot is fired and a person other than the defendant or an accomplice of the defendant is wounded by the shot; and

(d) A Class A felony if a shot is fired and a person other than the defendant or an accomplice of the defendant is killed by the shot.

(3) The provisions of this section are intended to be a separate offense from the underlying crime, which shall be punished separately. If a person is convicted of this offense, his sentence shall be served consecutively to the sentence for the underlying offense.

(4) The provisions of this section shall not apply to any person who is justified in acting pursuant to the provisions of KRS Chapter 503.

CREDIT(S)

HISTORY: 1996 c 191, § 2, eff. 7-15-96; 1994 c 396, § 15, eff. 7-15-94

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 527.090

Effective: July 12, 2012

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 527. Offenses Relating to Firearms and Weapons (Refs & Annos)

527.090 Fraudulent firearm transaction

(1) As used in this section:

(a) “Licensed dealer” means a person who is licensed pursuant to 18 U.S.C. sec. 923 and pursuant to any laws of this Commonwealth and engages in the business of dealing in firearms;

(b) “Materially false information” means information that portrays an illegal transaction as legal or a legal transaction as illegal; and

(2) A person is guilty of fraudulent firearm transaction when he or she knowingly:

(a) Solicits, persuades, encourages, or entices a licensed dealer or private seller of firearms to transfer a firearm under circumstances which the person knows would violate the laws of this Commonwealth or the United States;

(b) Provides to a licensed dealer or private seller of firearms what the person knows to be materially false information with intent to deceive the dealer or seller about the legality of a transfer of a firearm; or

(3) Fraudulent firearm transaction is a Class D felony.

CREDIT(S)

HISTORY: 2012 c 121, § 1, eff. 7-12-12

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 527.100

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 527. Offenses Relating to Firearms and Weapons (Refs & Annos)

Minors and Juveniles

527.100 Possession of handgun by minor

(1) A person is guilty of possession of a handgun by a minor when, being under the age of eighteen (18) years, he possesses, manufactures, or transports a handgun as defined by KRS 527.010, except when the person is:

(a) In attendance at a hunter's safety course or a firearms safety course;

(b) Engaging in practice in the use of a firearm, or target shooting at an established firing range, or any other area where the discharge of a firearm is not prohibited;

(c) Engaging in an organized competition involving the use of a firearm, or participating in or practicing for a performance by a group organized under Section 501(c)(3) of the Internal Revenue Code or any successor thereto which uses firearms as a part of the performance;

(d) Hunting or trapping pursuant to a valid license issued to him pursuant to the statutes or administrative regulations of this Commonwealth;

(e) Traveling to or from any activity described in paragraphs (a) to (d) of this subsection with any unloaded handgun in his possession;

(f) On real property which is under the control of an adult and has the permission of that adult and his parent or legal guardian to possess a handgun; or

(g) At his residence and with the permission of his parent or legal guardian possesses a handgun and is justified under the principles of justification set forth in KRS Chapter 503 in using physical force or deadly physical force.

(2) For the purposes of subsection (1) of this section, a handgun is “loaded” if:

(a) There is a cartridge in the chamber of the handgun; or

(b) There is a cartridge in the cylinder of the handgun, if the handgun is a revolver; or

(d) The handgun and the ammunition for the handgun, are carried on the person of one under the age of eighteen (18) years or are in such close proximity to him that he could readily gain access to the handgun and the ammunition and load the handgun.

(3) Possession of a handgun by a minor is a Class A misdemeanor for the first offense and a Class D felony for each subsequent offense.

CREDIT(S)

HISTORY: 1994 c 30, § 1, eff. 7-15-94

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 527.110

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 527. Offenses Relating to Firearms and Weapons (Refs & Annos)

Minors and Juveniles

527.110 Unlawfully providing handgun to juvenile or permitting juvenile to possess handgun

(1) A person is guilty of unlawfully providing a handgun to a juvenile or permitting a juvenile to possesses a handgun when he:

(a) Intentionally, knowingly, or recklessly provides a handgun, with or without remuneration, in violation of KRS 527.040, 527.100, or 600.020 to any person he knows or has reason to believe is under the age of eighteen (18) years; or

(b) Is the parent or legal guardian of a juvenile and intentionally, knowingly, or recklessly provides a handgun to the juvenile or permits the juvenile to possess a handgun knowing that there is a substantial risk that the juvenile will use a handgun to commit a felony offense; or, with knowledge that the juvenile has been convicted of a crime of violence as defined in KRS 439.3401 or has been adjudicated a public offender of an offense which would constitute a crime of violence as defined in KRS 439.3401, provides a handgun to that juvenile.

(2) Unlawfully providing a hand gun to a juvenile or permitting a juvenile to possess a handgun is a Class D felony.

CREDIT(S)

HISTORY: 1994 c 30, § 2, eff. 7-15-94

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 527.200

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 527. Offenses Relating to Firearms and Weapons (Refs & Annos)

Minors and Juveniles

527.200 Use of a weapon of mass destruction in the first degree

(1) A person is guilty of use of a weapon of mass destruction in the first degree when he or she intentionally, without lawful authority, places a weapon of mass destruction at any location in the Commonwealth and, as a result, any person other than the defendant is killed or receives serious physical injury.

(2) A weapon of mass destruction is used with lawful authority if it is used with the written permission of an agency of the Commonwealth or of a city, county, charter county, or urban-county government having jurisdiction over the use of destructive devices as defined in KRS 237.030 or the use of explosives.

(3) Use of a weapon of mass destruction in the first degree is a Class A felony unless a person other than the defendant is killed as a result, in which case it is a capital offense.

CREDIT(S)

HISTORY: 2001 c 113, § 4, eff. 6-21-01

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 527.205

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 527. Offenses Relating to Firearms and Weapons (Refs & Annos)

Minors and Juveniles

527.205 Use of a weapon of mass destruction in the second degree

(1) A person is guilty of use of a weapon of mass destruction in the second degree when intentionally, without lawful authority, he or she:

(a) Places a weapon of mass destruction at any location in the Commonwealth and, as a result, any person other than the defendant receives physical injury; or

(b) Places a weapon of mass destruction on:

1. The real property or any building of any public or private elementary or secondary school, vocational school, or institution of postsecondary education;

2. A school bus or other vehicle owned, operated, or leased by a school;

3. The real property or any building, public or private, that is the site of an official school-sanctioned function; or

4. The real property or any building owned or leased by a government agency,

and no person dies or receives any physical injury.

(3) Use of a weapon of mass destruction in the second degree is a Class B felony.

CREDIT(S)

HISTORY: 2001 c 113, § 5, eff. 6-21-01

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 527.210

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 527. Offenses Relating to Firearms and Weapons (Refs & Annos)

Minors and Juveniles

527.210 Use of a weapon of mass destruction in the third degree

(1) Except as provided in KRS 527.205, a person is guilty of use of a weapon of mass destruction in the third degree when intentionally, without lawful authority, he or she places a weapon of mass destruction at any location in the Commonwealth.

(3) Use of a weapon of mass destruction in the third degree is a Class C felony.

CREDIT(S)

HISTORY: 2001 c 113, § 6, eff. 6-21-01

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS T. L, Ch. 528, Refs & Annos

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 528. Gambling

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 528.010

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 528. Gambling (Refs & Annos)

528.010 Definitions for chapter

The following definitions apply in this chapter unless the context otherwise requires:

(1) “Advancing gambling activity”--A person “advances gambling activity” when, acting other than as a player, he engages in conduct that materially aids any form of gambling activity. The conduct shall include, but is not limited to, conduct directed toward the establishment of the particular game, contest, scheme, device, or activity involved; toward the acquisition or maintenance of premises, paraphernalia, equipment, or apparatus therefor; toward the solicitation or inducement of persons to participate therein; toward the actual conduct of the playing phases thereof; toward the arrangement of any of its financial or recording phases or toward any other phase of its operation. A person who gambles at a social game of chance on equal terms with other participants does not otherwise advance gambling activity by performing acts, without remuneration or fee, directed toward the arrangement or facilitation of the game as inviting persons to play, permitting the use of premises therefor and supplying equipment used therein.

(2) “Bookmaking” means advancing gambling activity by unlawfully accepting bets upon the outcome of future contingent events from members of the public as a business.

(3) (a) “Gambling” means staking or risking something of value upon the outcome of a contest, game, gaming scheme, or gaming device which is based upon an element of chance, in accord with an agreement or understanding that someone will receive something of value in the event of a certain outcome. A contest or game in which eligibility to participate is determined by chance and the ultimate winner is determined by skill shall not be considered to be gambling.

(b) Gambling shall not mean charitable gaming which is licensed and regulated under the provisions of KRS Chapter 238.

(4) “Gambling device” means:

(a) Any so-called slot machine or any other machine or mechanical device an essential part of which is a drum or reel with insignia thereon, and which when operated may deliver, as a result of the application of an element of chance, any money or property, or by the operation of which a person may become entitled to receive, as the result of the application of an element of chance, any money or property; or

(b) Any other machine or any mechanical or other device, including but not limited to roulette wheels, gambling tables and similar devices, designed and manufactured primarily for use in connection with gambling and which when operated may deliver, as the result of the application of an element of chance, any money or property, or by the operation of which a person may become entitled to receive, as the result of the application of an element of chance, any money or property;

1. Devices dispensing or selling combination or French pools on licensed, regular racetracks during races on said tracks.

2. Electro-mechanical pinball machines specially designed, constructed, set up, and kept to be played for amusement only. Any pinball machine shall be made to receive and react only to the deposit of coins during the course of a game. The ultimate and only award given directly or indirectly to any player for the attainment of a winning score or combination on any pinball machine shall be the right to play one (1) or more additional games immediately on the same device at no further cost. The maximum number of free games that can be won, registered, or accumulated at one (1) time in operation of any pinball machine shall not exceed thirty (30) free games. Any pinball machine shall be made to discharge accumulated free games only by reactivating the playing mechanism once for each game released. Any pinball machine shall be made and kept with no meter or system to preserve a record of free games played, awarded, or discharged. Nonetheless, a pinball machine shall be a gambling device if a person gives or promises to give money, tokens, merchandise, premiums, or property of any kind for scores, combinations, or free games obtained in playing the pinball machine in which the person has an interest as owner, operator, keeper, or otherwise.

3. Devices used in the conduct of charitable gaming.

(5) “Lottery and gift enterprise” means:

(a) A gambling scheme in which:

1. The players pay or agree to pay something of value for chances, represented and differentiated by numbers or by combinations of numbers or by some other media, one (1) or more of which are to be designated the winning ones; and

2. The ultimate winner is to be determined by a drawing or by some other method based upon the element of chance; and

3. The holders of the winning chances are to receive something of value.

(b) A gift enterprise or referral sales plan which meets the elements of a lottery listed in paragraph (a) of this subsection is to be considered a lottery under this chapter.

(6) “Mutuel” or “the numbers games” means a form of lottery in which the winning chances or plays are not determined upon the basis of a drawing or other act on the part of persons conducting or connected with the scheme, but upon the basis of the outcome or outcomes of a future contingent event or events otherwise unrelated to the particular scheme.

(7) “Player” means a person who engages in any form of gambling solely as a contestant or bettor, without receiving or becoming entitled to receive any profit therefrom other than personal gambling winnings, and without otherwise rendering any material assistance to the establishment, conduct, or operation of the particular gambling activity. A person who engages in “bookmaking” as defined in subsection (2) of this section is not a “player.” The status of a “player” shall be a defense to any prosecution under this chapter.

(8) “Profiting from gambling activity”--A person “profits from gambling activity” when, other than as a player, he accepts or receives or agrees to accept or receive money or other property pursuant to an agreement or understanding with any person whereby he participates or is to participate in the proceeds of gambling activity.

(9) “Something of value” means any money or property, any token, object, or article exchangeable for money or property, or any form of credit or promise directly or indirectly contemplating transfer of money or property or of any interest therein, or involving extension of a service, entertainment, or a privilege of playing at a game or scheme without charge.

(10) “Charitable gaming” means games of chance conducted by charitable organizations licensed and regulated under the provisions of KRS Chapter 238.

CREDIT(S)

HISTORY: 1994 c 66, § 19, eff. 3-16-94; 1992 c 254, § 1, eff. 7-14-92; 1990 c 469, § 1; 1988 c 423, § 1; 1980 c 188, § 307, c 267, § 9; 1978 c 321, § 5; 1974 c 406, § 240

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 528.020

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 528. Gambling (Refs & Annos)

528.020 Promoting gambling in the first degree

(1) A person is guilty of promoting gambling in the first degree when he knowingly advances or profits from unlawful gambling activity by:

(a) Engaging in bookmaking to the extent that he employs or utilizes three or more persons in a bookmaking activity and receives or accepts in any one day bets totaling more than $500; or

(b) Receiving in connection with a lottery or mutuel scheme or enterprise:

1. Money or written records from a person other than a player whose chances or plays are represented by such money or records; or

2. More than $500 in any one day of money played in the scheme or enterprise; or

(2) Promoting gambling in the first degree is a Class D felony.

CREDIT(S)

HISTORY: 1974 c 406, § 241, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 528.030

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 528. Gambling (Refs & Annos)

528.030 Promoting gambling in the second degree

(1) A person is guilty of promoting gambling in the second degree when he knowingly advances or profits from unlawful gambling activity.

(2) Promoting gambling in the second degree is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 242, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 528.040

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 528. Gambling (Refs & Annos)

528.040 Conspiracy to promote gambling

(1) A person is guilty of conspiracy to promote gambling when he conspires to advance or profit from gambling activity.

(2) “Conspire” means to engage in activity constituting a criminal conspiracy as defined in KRS 506.040.

(3) Conspiracy to promote gambling is a Class D felony.

CREDIT(S)

HISTORY: 1974 c 406, § 243, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 528.050

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 528. Gambling (Refs & Annos)

528.050 Possession of gambling records in the first degree

(1) A person is guilty of possession of gambling records in the first degree when, with knowledge of the contents thereof, he possesses any writing, paper, instrument or article of a kind commonly used:

(a) In the operation or promotion of a bookmaking scheme or enterprise and constituting, reflecting or representing bets totaling more than $500; or

(b) In the operation, promotion or playing of a lottery or mutuel scheme or enterprise and constituting, reflecting or representing more than 500 plays or chances therein.

(2) It shall be a defense to any prosecution under this section that:

(a) The writing, paper, instrument or article possessed by the defendant constituted, reflected or represented bets of the defendant himself in a number not exceeding ten (10); or

(b) The writing, paper, instrument or article possessed by the defendant was neither used nor intended to be used in the operation or promotion of a bookmaking scheme or enterprise, or in the operation, promotion, or playing of a lottery or mutuel scheme or enterprise.

(3) Possession of gambling records in the first degree is a Class D felony.

CREDIT(S)

HISTORY: 1974 c 406, § 244, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 528.060

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 528. Gambling (Refs & Annos)

528.060 Possession of gambling records in the second degree

(1) A person is guilty of possession of gambling records in the second degree when, with knowledge of the contents thereof he possesses any writing, paper, instrument or articles of a kind commonly used:

(a) In the operation or promotion of a bookmaking scheme or enterprise; or

(b) In the operation, promotion or playing of a lottery or mutuel scheme or enterprise.

(2) It shall be a defense to any prosecution under this section that:

(a) The writing, paper, instrument, or article possessed by the defendant constituted, reflected, or represented bets of the defendant himself in a number not exceeding ten (10); or

(b) The writing, paper, instrument, or article possessed by the defendant was neither used nor intended to be used in the operation or promotion of a bookmaking scheme or enterprise, or in the operation, promotion, or playing of a lottery or mutuel scheme or enterprise.

(3) Possession of gambling records in the second degree is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 245, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 528.070

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 528. Gambling (Refs & Annos)

528.070 Permitting gambling

(1) A person is guilty of permitting gambling when, having possession or control of premises which he knows are being used to advance gambling activity, he fails to halt or abate or attempt to halt or abate such use within a reasonable period of time.

(2) Permitting gambling is a Class B misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 246, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 528.080

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 528. Gambling (Refs & Annos)

528.080 Possession of gambling device

(1) A person is guilty of possession of a gambling device when, with knowledge of the character thereof, he manufactures, sells, transports, places or possesses a gambling device or conducts or negotiates any transaction affecting or designed to affect ownership, custody or use of any gambling device, believing that it is to be used in the advancement of unlawful gambling activity.

(2) Possession of a gambling device is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 247, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 528.090

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 528. Gambling (Refs & Annos)

528.090 Prima facie proof

(1) Proof of possession of any gambling device or any gambling record specified in KRS 528.050, 528.060, and 528.080 is prima facie evidence of possession thereof with knowledge of its character or contents.

(2) In any prosecution under this chapter in which it is necessary to prove the occurrence of a sporting event, a published report of its occurrence in any daily newspaper, magazine or other periodically printed publication of general circulation or evidence that a description of some aspect of the event was written, printed or otherwise noted at the place in which a violation of this chapter is alleged to have been committed shall be admissible in evidence and shall constitute prima facie proof of the occurrence of the event.

CREDIT(S)

HISTORY: 1974 c 406, § 248, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 528.100

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 528. Gambling (Refs & Annos)

528.100 Forfeiture

Any gambling device or gambling record possessed or used in violation of this chapter is forfeited to the state, and shall be disposed of in accordance with KRS 500.090, except that the provisions of this section shall not apply to charitable gaming activity as defined by KRS 528.010(10).

CREDIT(S)

HISTORY: 1980 c 267, § 10, eff. 7-15-80; 1974 c 406, § 249

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 528.110

Effective: July 15, 2010

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 528. Gambling (Refs & Annos)

528.110 Horse races, messenger betting prohibited; exception

(1) Any person who, either for himself or as agent or employee of another, wagers money or anything of value on a horse race run or about to be run or advertised, posted or reported as being run at any race track in or out of this state, or who engages in the occupation of receiving, making, transmitting or negotiating, either in person or by messenger, telephone or telegraph, wagers on horse races run or about to be run or advertised, posted or reported as being run or about to be run at any race track in or out of the state, shall, except in the case of wagers made within the enclosure of a race track licensed by the Kentucky Horse Racing Commission during an authorized race meeting at that track, or an enclosure during regular meetings in which running, trotting or pacing races are being conducted by associations regularly organized for that purpose, be guilty of a Class A misdemeanor.

(2) In any prosecution under subsection (1) of this section, the state need not prove that the horse race upon which the wager was placed was actually run. Proof that the wager was made upon what purported to be or what was advertised, reported or understood to be a horse race shall be sufficient to establish a prima facie case for the state.

CREDIT(S)

HISTORY: 2010 c 24, § 1935, eff. 7-15-10; 2004 c 191, § 52, eff. 7-13-04; 1976 1st ex s, c 31, § 1, eff. 3-19-77

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 528.120

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 528. Gambling (Refs & Annos)

528.120 Off-track acceptance of money for pari-mutuel wagering

(1) No person, as a business or for any compensation, shall, directly or indirectly, accept any thing of value to be wagered or to be transmitted or delivered for wager to any pari-mutuel wagering enterprise, or participate in any such transmission.

(2) As used herein, “person” shall mean and include any individual, partnership, association, joint stock association or trust, corporation, or other business entity, whether incorporated or not.

(3) Any person violating any of the provisions of this section shall be guilty of a Class A misdemeanor.

CREDIT(S)

HISTORY: 1978 c 321, § 3, eff. 3-30-78

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 528.130

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 528. Gambling (Refs & Annos)

528.130 Charitable gaming--Repealed

CREDIT(S)

HISTORY: 1994 c 66, § 20, eff. 3-16-94; 1992 c 461, § 1, eff. 4-13-92; 1990 c 469, § 2

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 528.140

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 528. Gambling (Refs & Annos)

528.140 Registration of organization conducting charitable gaming required--Repealed

CREDIT(S)

HISTORY: 1994 c 66, § 20, eff. 3-16-94; 1992 c 461, § 2, eff. 4-13-92; 1990 c 469, § 3

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 528.150

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 528. Gambling (Refs & Annos)

528.150 Effect of failure to comply with KRS 528.010, 528.130, and 528.140; fraud in registration; suspension or revocation of registration--Repealed

CREDIT(S)

HISTORY: 1994 c 66, § 20, eff. 3-16-94; 1992 c 461, § 3, eff. 4-13-92

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS T. L, Ch. 529, Refs & Annos

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 529. Prostitution Offenses

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 529.010

Effective: June 26, 2007

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 529. Prostitution Offenses (Refs & Annos)

529.010 Definitions

The following definitions apply in this chapter unless the context otherwise requires:

(1) “Advancing prostitution” -- A person “advances prostitution” when acting other than as a prostitute or as a patron thereof, he knowingly causes or aids a person to engage in prostitution, procures or solicits patrons for prostitution, provides persons or premises for prostitution purposes, operates or assists in the operation of a house of prostitution or a prostitution enterprise, or engages in any conduct designed to institute, aid or facilitate an act or enterprise of prostitution;

(2) “Commercial sexual activity” means prostitution, participation in the production of obscene material as set out in KRS Chapter 531, or engaging in a sexually explicit performance;

(3) “Forced labor or services” means labor or services that are performed or provided by another person and that are obtained through force, fraud, or coercion;

(4) “Force, fraud, or coercion” may only be accomplished by the same means and methods as a person may be restrained under KRS 509.010;

(5) “Human trafficking” refers to criminal activity whereby one (1) or more persons are subjected to engaging in:

(a) Forced labor or services; or

(b) Commercial sexual activity through the use of force, fraud, or coercion, except that if the trafficked person is under the age of eighteen (18), the commercial sexual activity need not involve force, fraud, or coercion;

(6) “Labor” means work of economic or financial value;

(7) “Profiting from prostitution” -- A person “profits from prostitution” when acting other than as a prostitute receiving compensation for personally rendered prostitution services, he knowingly accepts or receives or agrees to accept or receive money or other property pursuant to an agreement or understanding with any person whereby he participates or is to participate in proceeds of prostitution activity;

(8) “Services” means an ongoing relationship between a person and the actor in which the person performs activities under the supervision of or for the benefit of the actor;

(9) “Sexual conduct” means sexual intercourse or any act of sexual gratification involving the sex organs; and

(10) “Sexually explicit performance” means a performance of sexual conduct involving:

(a) Acts of masturbation, homosexuality, lesbianism, bestiality, sexual intercourse, or deviant sexual intercourse, actual or simulated;

(b) Physical contact with, or willful or intentional exhibition of, the genitals;

(d) The exposure, in an obscene manner, of the unclothed or apparently unclothed human male or female genitals, pubic area, or buttocks, or the female breast, whether or not subsequently obscured by a mark placed thereon, or otherwise altered, in any resulting motion picture, photograph, or other visual representation, exclusive of exposure portrayed in matter of a private, family nature not intended for distribution outside the family.

CREDIT(S)

HISTORY: 2007 c 19, § 4, eff. 6-26-07; 1974 c 406, § 250, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 529.020

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 529. Prostitution Offenses (Refs & Annos)

529.020 Prostitution

(1) A person is guilty of prostitution when he engages or agrees or offers to engage in sexual conduct with another person in return for a fee.

(2) Prostitution is a Class B misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 251, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 529.030

Effective: June 26, 2007

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 529. Prostitution Offenses (Refs & Annos)

529.030 Promoting prostitution in the first degree--Repealed

CREDIT(S)

HISTORY: 2007 c 19, § 17, eff. 6-26-07; 1986 c 289, § 3, eff. 7-15-86; 1978 c 219, § 1; 1974 c 406, § 252

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 529.040

Effective: June 26, 2007

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 529. Prostitution Offenses (Refs & Annos)

529.040 Promoting prostitution

(1) A person is guilty of promoting prostitution when he knowingly advances or profits from prostitution.

(2) Promoting prostitution is a Class A misdemeanor unless the person managed, supervised, controlled, or owned, either alone or in association with others, a house of prostitution or a prostitution business or enterprise involving prostitution activity by two (2) or more prostitutes, in which case it is a Class D felony.

CREDIT(S)

HISTORY: 2007 c 19, § 7, eff. 6-26-07; 1986 c 289, § 4, eff. 7-15-86; 1974 c 406, § 253

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 529.050

Effective: June 26, 2007

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 529. Prostitution Offenses (Refs & Annos)

529.050 Promoting prostitution in the third degree--Repealed

CREDIT(S)

HISTORY: 2007 c 19, § 17, eff. 6-26-07; 1974 c 406, § 254, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 529.060

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 529. Prostitution Offenses (Refs & Annos)

529.060 Corroboration

(1) No person shall be convicted of prostitution solely on the uncorroborated testimony of a patron.

(2) No person shall be convicted of promoting prostitution solely on the uncorroborated testimony of a person whose prostitution activity he is alleged to have advanced or from whose prostitution activity he is alleged to have profited.

CREDIT(S)

HISTORY: 1974 c 406, § 255, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 529.070

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 529. Prostitution Offenses (Refs & Annos)

529.070 Permitting prostitution

(1) A person is guilty of permitting prostitution when, having possession or control of premises which he knows or has reasonable cause to know are being used for prostitution purposes, he fails to make reasonable and timely effort to halt or abate such use.

(2) Permitting prostitution is a Class B misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 256, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 529.080

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 529. Prostitution Offenses (Refs & Annos)

529.080 Loitering for prostitution purposes

(1) A person is guilty of loitering for prostitution purposes when he loiters or remains in a public place for the purpose of engaging or agreeing or offering to engage in prostitution.

(2) Loitering for prostitution purposes is a:

(a) Violation for the first offense;

(b) Class B misdemeanor for the second offense and for each subsequent offense.

CREDIT(S)

HISTORY: 1984 c 102, § 1, eff. 7-13-84

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 529.090

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 529. Prostitution Offenses (Refs & Annos)

529.090 Person convicted required to submit to screening for HIV infection; prostitution or procuring prostitution with knowledge of sexually transmitted disease or HIV

(1) Any person convicted of prostitution or procuring another to commit prostitution under the provisions of KRS 529.020 shall be required to undergo screening for human immunodeficiency virus infection under direction of the Cabinet for Health and Family Services and, if infected, shall submit to treatment and counseling as a condition of release from probation, community control, or incarceration. Notwithstanding the provisions of KRS 214.420, the results of any test conducted pursuant to this subsection shall be made available by the Cabinet for Health and Family Services to medical personnel, appropriate state agencies, or courts of appropriate jurisdiction to enforce the provisions of this chapter.

(2) Any person who commits prostitution and who, prior to the commission of the crime, had tested positive for a sexually transmitted disease and knew or had been informed that he had tested positive for a sexually transmitted disease pursuant to KRS 214.410 and that he could possibly communicate such disease to another person through sexual activity is guilty of a Class A misdemeanor. A person may be convicted and sentenced separately for a violation of this subsection and for the underlying crime of prostitution.

(3) Any person who commits, offers, or agrees to commit prostitution by engaging in sexual activity in a manner likely to transmit the human immunodeficiency virus and who, prior to the commission of the crime, had tested positive for human immunodeficiency virus and knew or had been informed that he had tested positive for human immunodeficiency virus and that he could possibly communicate the disease to another person through sexual activity is guilty of a Class D felony. A person may be convicted and sentenced separately for a violation of this subsection and for the underlying crime of prostitution.

(4) Any person convicted of procuring another to commit prostitution in a manner likely to transmit the human immunodeficiency virus and who, prior to the commission of the crime, had tested positive for human immunodeficiency virus and knew or had been informed that he had tested positive for human immunodeficiency virus and that he could possibly communicate the disease to another person through sexual activity is guilty of a Class D felony.

CREDIT(S)

HISTORY: 2005 c 99, § 657, eff. 6-20-05; 1998 c 426, § 609, eff. 7-15-98; 1992 c 427, § 1, eff. 7-14-92; 1990 c 443, § 48

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 529.100

Effective: June 26, 2007

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 529. Prostitution Offenses (Refs & Annos)

529.100 Human trafficking

(1) A person is guilty of human trafficking when the person intentionally subjects one (1) or more persons to human trafficking.

(2) (a) Human trafficking is a Class C felony unless it involves serious physical injury to a trafficked person, in which case it is a Class B felony.

(b) If the victim of human trafficking is under eighteen (18) years of age, the penalty for the offense shall be one (1) level higher than the level otherwise specified in this section.

CREDIT(S)

HISTORY: 2007 c 19, § 5, eff. 6-26-07

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 529.110

Effective: June 26, 2007

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 529. Prostitution Offenses (Refs & Annos)

529.110 Promoting human trafficking

(1) A person is guilty of promoting human trafficking when the person intentionally:

(a) Benefits financially or receives anything of value from knowing participation in human trafficking; or

(b) Recruits, entices, harbors, transports, provides, or obtains by any means, or attempts to recruit, entice, harbor, transport, provide, or obtain by any means, another person, knowing that the person will be subject to human trafficking.

(2) Promoting human trafficking is a Class D felony unless a victim of the trafficking is under eighteen (18), in which case it is a Class C felony.

CREDIT(S)

HISTORY: 2007 c 19, § 6, eff. 6-26-07

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS T. L, Ch. 530, Refs & Annos

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 530. Family Offenses

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 530.010

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 530. Family Offenses (Refs & Annos)

530.010 Bigamy; defense

(1) A person is guilty of bigamy when he:

(a) Purports to marry another person knowing he has a husband or wife or knowing the other person has a husband or wife; or

(b) Cohabits in this state after a bigamous marriage in another state.

(2) It shall be a defense to bigamy that the accused believed he was legally eligible to remarry.

(3) Bigamy is a Class D felony.

CREDIT(S)

HISTORY: 1974 c 406, § 257, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 530.020

Effective: July 12, 2012

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 530. Family Offenses (Refs & Annos)

530.020 Incest

(1) A person is guilty of incest when he or she has sexual intercourse or deviate sexual intercourse, as defined in KRS 510.010, with a person whom he or she knows to be an ancestor, descendant, uncle, aunt, brother, or sister. The relationships referred to herein include blood relationships of either the whole or half blood without regard to legitimacy, relationship of parent and child by adoption, relationship of stepparent and stepchild, and relationship of step-grandparent and step-grandchild.

(2) (a) Incest is a Class C felony if the act is committed by consenting adults.

(b) Incest is a Class B felony if committed:

1. By forcible compulsion as defined in KRS 510.010(2); or

2. On a victim who is:

a. Less than eighteen (18) years of age; or

b. Incapable of consent because he or she is physically helpless or mentally incapacitated.

1. Committed on a victim less than twelve (12) years of age; or

2. The victim receives serious physical injury.

CREDIT(S)

HISTORY: 2012 c 148, § 4, eff. 7-12-12; 2006 c 182, § 37, eff. 7-12-06; 1994 c 251, § 1, eff. 7-15-94; 1974 c 406, § 258, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 530.030

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 530. Family Offenses (Refs & Annos)

530.030 Concealing birth of infant

(1) A person is guilty of concealing the birth of an infant when he conceals the corpse of a newborn child with intent to conceal the fact of its birth or to prevent a determination of whether it was born dead or alive.

(2) Concealing the birth of an infant is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 259, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 530.040

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 530. Family Offenses (Refs & Annos)

530.040 Abandonment of minor

(1) A person is guilty of abandonment of a minor when, as a parent, guardian or other person legally charged with the care or custody of a minor, he deserts the minor in any place under circumstances endangering his life or health and with intent to abandon him.

(2) Abandonment of a minor is a Class D felony.

CREDIT(S)

HISTORY: 1974 c 406, § 260, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 530.050

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 530. Family Offenses (Refs & Annos)

530.050 Nonsupport and flagrant nonsupport

(1) A person is guilty of nonsupport:

(a) When he persistently fails to provide support which he can reasonably provide and which he knows he has a duty to provide to a minor or to a child adjudged mentally disabled, indigent spouse or indigent parent; or

(b) Upon a finding that a defendant obligor, subject to court order to pay any amount for the support of a minor child, is delinquent in meeting the full obligation established by such order and has been so delinquent for a period of at least two (2) months duration.

(2) A person is guilty of flagrant nonsupport when he persistently fails to provide support which he can reasonably provide and which he knows he has a duty to provide by virtue of a court or administrative order to a minor or to a child adjudged mentally disabled, indigent spouse or indigent parent and the failure results in:

(a) An arrearage of not less than one thousand dollars ($1,000); or

(b) Six (6) consecutive months without payment of support; or

(c) The dependent having been placed in destitute circumstances. For the purposes of this paragraph, it shall be prima facie evidence that a dependent has been placed in destitute circumstances if the dependent is a recipient of public assistance as defined in KRS 205.010.

(3) A person has a duty to provide support for an indigent spouse, a minor child or children, or a child or children adjudged mentally disabled and, for purposes of this section, is presumed to know of that duty.

(4) Any person who is eighteen (18) years of age or over, residing in this state and having in this state a parent who is destitute of means of subsistence and unable because of old age, infirmity, or illness to support himself or herself, has a duty to provide support for such parent and, for purposes of this section, is presumed to know of that duty.

(5) Nonsupport is a Class A misdemeanor. For a second offense, the person shall receive a minimum sentence of seven (7) days in jail. For a third or any subsequent offense, the person shall receive a minimum sentence of thirty (30) days in jail.

(6) Flagrant nonsupport is a Class D felony.

CREDIT(S)

HISTORY: 1988 c 411, § 30, eff. 7-15-88; 1984 c 144, § 18; 1982 c 141, § 136, 146; 1980 c 396, § 148; 1976 c 361, § 1; 1974 c 406, § 261

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 530.060

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 530. Family Offenses (Refs & Annos)

530.060 Endangering welfare of minor

(1) A parent, guardian or other person legally charged with the care or custody of a minor is guilty of endangering the welfare of a minor when he fails or refuses to exercise reasonable diligence in the control of such child to prevent him from becoming a neglected, dependent or delinquent child.

(2) Endangering the welfare of a minor is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 262, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 530.064

Effective: April 11, 2012

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 530. Family Offenses (Refs & Annos)

530.064 Unlawful transaction with a minor in the first degree

(1) A person is guilty of unlawful transaction with a minor in the first degree when he or she knowingly induces, assists, or causes a minor to engage in:

(a) Illegal sexual activity; or

(b) Illegal controlled substances activity other than activity involving marijuana, synthetic drugs, or salvia, as defined in KRS 218A.010;

Except those offenses involving minors in KRS Chapter 531 and in KRS 529.100 where that offense involves commercial sexual activity.

(2) Unlawful transaction with a minor in the first degree is a:

(a) Class C felony if the minor so used is less than eighteen (18) years old at the time the minor engages in the prohibited activity;

(b) Class B felony if the minor so used is less than sixteen (16) years old at the time the minor engages in the prohibited activity; and

CREDIT(S)

HISTORY: 2012 c 108, § 16, eff. 4-11-12; 2011 c 45, § 14, eff. 3-16-11; 2010 c 149, § 16, eff. 4-13-10; 2010 c 160, § 16, eff. 4-26-10; 2007 c 19, § 13, eff. 6-26-07; 2006 c 182, § 38, eff. 7-12-06; 1998 c 606, § 184, eff. 7-15-98; 1986 c 289, § 5, eff. 7-15-86

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 530.065

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 530. Family Offenses (Refs & Annos)

530.065 Unlawful transaction with a minor in the second degree

(1) A person is guilty of unlawful transaction with a minor in the second degree when he knowingly induces, assists, or causes a minor to engage in illegal controlled substances activity involving marijuana, illegal gambling activity, or any other criminal activity constituting a felony.

(2) Unlawful transaction with a minor in the second degree is a Class D felony.

CREDIT(S)

HISTORY: 1998 c 606, § 185, eff. 7-15-98; 1986 c 289, § 6, eff. 7-15-86; 1984 c 382, § 20

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 530.070

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 530. Family Offenses (Refs & Annos)

530.070 Unlawful transaction with minor in the third degree

(1) A person is guilty of unlawful transaction with a minor in the third degree when:

(a) Acting other than as a retail licensee, he knowingly sells, gives, purchases or procures any alcoholic or malt beverage in any form to or for a minor. The defendant may prove in exculpation that the sale was induced by the use of false, fraudulent, or altered identification papers or other documents and that the appearance and character of the purchaser were such that his age could not have been ascertained by any other means and that the purchaser's appearance and character indicated strongly that he was of legal age to purchase alcoholic beverages. This subsection does not apply to a parent or guardian of the minor;

(b) He knowingly induces, assists, or causes a minor to engage in any other criminal activity;

(d) He persistently and knowingly induces, assists or causes a minor to disobey his parent or guardian.

(2) Unlawful transaction with a minor in the third degree is a Class A misdemeanor.

CREDIT(S)

HISTORY: 1986 c 289, § 7, eff. 7-15-86; 1984 c 382, § 21; 1978 c 219, § 11; 1974 c 406, § 263

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 530.080

Effective: July 12, 2012

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 530. Family Offenses (Refs & Annos)

530.080 Endangering the welfare of an incompetent person

(1) A person is guilty of endangering the welfare of an incompetent person when he knowingly acts in a manner which results in an injury to the physical or mental welfare of a person who is unable to care for himself because of mental illness or intellectual disability.

(2) Endangering the welfare of an incompetent person is a Class A misdemeanor.

CREDIT(S)

HISTORY: 2012 c 146, § 131, eff. 7-12-12; 1988 c 283, § 15, eff. 7-15-88; 1982 c 141, § 146; 1980 c 396, § 149; 1974 c 406, § 264

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS T. L, Ch. 531, Refs & Annos

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 531. Pornography

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 531.010

Effective: June 25, 2009

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 531. Pornography (Refs & Annos)

531.010 Definitions

As used in this chapter:

(1) “Distribute” means to transfer possession of, whether with or without consideration.

(2) “Matter” means any book, magazine, newspaper, or other printed or written material or any picture, drawing, photograph, motion picture, live image transmitted over the Internet or other electronic network, or other pictorial representation or any statue or other figure, or any recording transcription or mechanical, chemical or electrical reproduction or any other articles, equipment, machines, or materials.

(3) “Obscene” means:

(a) To the average person, applying contemporary community standards, the predominant appeal of the matter, taken as a whole, is to prurient interest in sexual conduct; and

(b) The matter depicts or describes the sexual conduct in a patently offensive way; and

(4) “Sexual conduct” means acts of masturbation, homosexuality, lesbianism, bestiality, sexual intercourse, or deviant sexual intercourse; or physical contact with the genitals, flagellation, or excretion for the purpose of sexual stimulation or gratification.

CREDIT(S)

HISTORY: 2009 c 100, § 3, eff. 6-25-09; 1974 c 406, § 265, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 531.020

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 531. Pornography (Refs & Annos)

531.020 Distribution of obscene matter

(1) A person is guilty of distribution of obscene matter when, having knowledge of its content and character, he:

(a) Sends or causes to be sent into this state for sale or distribution; or

(b) Brings or causes to be brought into this state for sale or distribution; or

1. Prepares, or

2. Publishes, or

3. Prints, or

4. Exhibits, or

5. Distributes, or

6. Offers to distribute, or

7. Has in his possession with intent to distribute, exhibit or offer to distribute,

any obscene matter.

(2) Distribution of obscene matter is a Class B misdemeanor unless the defendant has in his possession more than one unit of material coming within the provisions of this chapter, in which case it shall be a Class A misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 266, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 531.030

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 531. Pornography (Refs & Annos)

531.030 Distribution of obscene matter to minors

(1) A person is guilty of distribution of obscene material to minors when, knowing a person to be a minor, or having possession of such facts that he should reasonably know that such person is a minor, and with knowledge of the content and character of the material, he knowingly:

(a) Sends or causes to be sent; or

(b) Exhibits; or

obscene material to a minor.

(2) Distribution of obscene materials to minors is a Class A misdemeanor unless the defendant has previously been convicted of violation of this section or of KRS 531.020, in which case it shall be a Class D felony.

CREDIT(S)

HISTORY: 1974 c 406, § 267, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 531.040

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 531. Pornography (Refs & Annos)

531.040 Using minors to distribute obscene material

(1) A person is guilty of using minors to distribute obscene material when knowing a person to be a minor, or having possession of such facts that he should reasonably know such person is a minor, and knowing of the content and character of the material, he knowingly:

(a) Hires; or

(b) Employs; or

a minor to do or assist in doing any of the acts prohibited by KRS 531.020.

(2) Using minors to distribute obscene material is a Class A misdemeanor unless the defendant has previously been convicted of violation of this section or KRS 531.030, in which case it shall be a Class D felony.

CREDIT(S)

HISTORY: 1974 c 406, § 268, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 531.050

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 531. Pornography (Refs & Annos)

531.050 Advertising obscene material

(1) A person is guilty of advertising obscene material when, having knowledge of its content and character thereof, he writes or creates advertising or solicits anyone to publish such advertising or otherwise promotes the sale or distribution of obscene matter.

(2) Advertising obscene material is a Class B misdemeanor.

CREDIT(S)

HISTORY: 1974 c 406, § 269, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 531.060

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 531. Pornography (Refs & Annos)

531.060 Promoting sale of obscenity

(1) A person is guilty of promoting sale of obscenity when he knowingly, as a condition to a sale, allocation, consignment, or delivery for resale of any paper, magazine, book, periodical, publication or other merchandise, requires that the purchaser or consignee receive any matter reasonably believed by the purchaser or consignee to be obscene, or he denies or threatens to deny a franchise, revokes or threatens to revoke, or imposes any penalty, financial or otherwise, by reason of the failure of any person to accept such matter, or by reason of the return of such matter.

(2) Promoting sale of obscenity is a Class B misdemeanor for the first offense, a Class A misdemeanor for the second offense, and a Class D felony for each subsequent offense.

CREDIT(S)

HISTORY: 1974 c 406, § 270, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 531.070

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 531. Pornography (Refs & Annos)

531.070 Exemptions

The prohibitions and penalties imposed in this chapter shall not extend to persons having a bona fide scientific, educational, governmental, or other similar justification for conduct which would, except for such justification, be criminal under this chapter.

CREDIT(S)

HISTORY: 1974 c 406, § 271, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 531.080

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 531. Pornography (Refs & Annos)

531.080 Special verdict

(1) The jury, or the court, if a jury trial is waived, shall render a general verdict, and shall also render a special verdict as to whether the matter named in the charge is obscene. The special verdict or findings on the issue of obscenity may be: “We find the __________ (title or description of matter) to be obscene,” or, “We find the __________ (title or description of matter) not to be obscene,” as they may find each item is or is not obscene.

(2) Whenever a person is tried for distribution of matter portraying a sexual performance by a minor, the jury, or the court, if a jury trial is waived, shall render a special verdict as to whether the matter named in the charge portrays a sexual performance by a minor. The special verdict or findings on the issue of whether or not the matter portrays a sexual performance by a minor may be: “We find the __________ (title or description of matter) to portray a sexual performance by a minor,” or, “We find the __________ (title or description of matter) not to portray a sexual performance by a minor,” as they may find each item to portray or not to portray a sexual performance by a minor.

(3) Upon the conviction of the accused, the court may, when the conviction becomes final, order any matter or advertisement, in respect whereof the accused stands convicted, and which remains in the possession or under the control of the Attorney General, Commonwealth's attorney, county attorney, city attorney or their authorized assistants, or any law enforcement agency, to be destroyed, and the court may cause to be destroyed any such material in its possession or under its control.

CREDIT(S)

HISTORY: 1978 c 219, § 8, eff. 6-17-78; 1974 c 406, § 272

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 531.090

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 531. Pornography (Refs & Annos)

531.090 Voyeurism

(1) A person is guilty of voyeurism when:

(a) He or she intentionally:

1. Uses or causes the use of any camera, videotape, photooptical, photoelectric, or other image recording device for the purpose of observing, viewing, photographing, filming, or videotaping the sexual conduct, genitals, or nipple of the female breast of another person without that person's consent; or

2. Uses the unaided eye or any device designed to improve visual acuity for the purpose of observing or viewing the sexual conduct, genitals, or nipple of the female breast of another person without that person's consent; or

3. Enters or remains unlawfully in or upon the premises of another for the purpose of observing or viewing the sexual conduct, genitals, or nipple of the female breast of another person without the person's consent; and

(b) The other person is in a place where a reasonable person would believe that his or her sexual conduct, genitals, or nipple of the female breast will not be observed, viewed, photographed, filmed, or videotaped without his or her knowledge.

(2) The provisions of subsection (1) of this section shall not apply to:

(a) A law enforcement officer during a lawful criminal investigation; or

(b) An employee of the Department of Corrections, the Department of Juvenile Justice, a private prison, a local jail, or a local correctional facility whose actions have been authorized for security or investigative purposes.

(3) Unless objected to by the victim or victims of voyeurism, the court on its own motion or on motion of the Commonwealth's attorney shall:

(a) Order the sealing of all photographs, film, videotapes, or other images that are introduced into evidence during a prosecution under this section or are in the possession of law enforcement, the prosecution, or the court as the result of a prosecution under this section; and

(b) At the conclusion of a prosecution under this section, unless required for additional prosecutions, order the destruction of all of the photographs, film, videotapes, or other images that are in possession of law enforcement, the prosecution, or the court.

(4) Voyeurism is a Class A misdemeanor.

CREDIT(S)

HISTORY: 2002 c 336, § 1, eff. 7-15-02

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 531.100

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 531. Pornography (Refs & Annos)

531.100 Video voyeurism

(1) A person is guilty of video voyeurism when he or she intentionally:

(a) Uses or causes the use of any camera, videotape, photooptical, photoelectric, or other image recording device for the purpose of observing, viewing, photographing, filming, or videotaping the sexual conduct, genitals, or nipple of the female breast of another person without that person's consent; and

(b) Uses or divulges any image so obtained for consideration; or

(c) Distributes any image so obtained by live or recorded visual medium, electronic mail, the Internet, or a commercial on-line service.

(2) Video voyeurism is a Class D felony.

CREDIT(S)

HISTORY: 2002 c 149, § 1, eff. 7-15-02

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 531.105

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 531. Pornography (Refs & Annos)

531.105 Application of KRS 531.100

The provisions of KRS 531.100 shall not apply to the transference of prohibited images by a telephone company, a cable television company or any of its affiliates, an Internet provider, or a commercial on-line service provider, or to the carrying, broadcasting, or performing of related activities in providing telephone, cable television, Internet, or commercial on-line services.

CREDIT(S)

HISTORY: 2002 c 149, § 2, eff. 7-15-02

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 531.110

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 531. Pornography (Refs & Annos)

531.110 Sealing and destruction of images in cases of video voyeurism

Unless objected to by the victim or victims of the video voyeurism, the court, on its own motion, or on motion of the attorney for the Commonwealth shall:

(1) Order all photographs, film, videotapes, or other images that are introduced into evidence or are in the possession of law enforcement, the prosecution, or the court to be sealed; and

(2) At the conclusion of the case, unless required for additional prosecutions, order all of the photographs, film, videotapes, or other images that are in the possession of law enforcement, the prosecution, or the court to be destroyed.

CREDIT(S)

HISTORY: 2002 c 149, § 3, eff. 7-15-02

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 531.300

Effective: June 25, 2009

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 531. Pornography (Refs & Annos)

Sexual Exploitation of Minors

531.300 Definitions for KRS 531.080 and 531.310 to 531.370

As used in KRS 531.080 and 531.310 to 531.370:

(1) “Distribute” means to transfer possession of, whether with or without consideration;

(3) “Obscene” means the predominate appeal of the matter taken as a whole is to a prurient interest in sexual conduct involving minors;

(4) “Sexual conduct by a minor” means:

(a) Acts of masturbation, homosexuality, lesbianism, beastiality, sexual intercourse, or deviant sexual intercourse, actual or simulated;

(b) Physical contact with, or willful or intentional exhibition of the genitals;

(d) The exposure, in an obscene manner, of the unclothed or apparently unclothed human male or female genitals, pubic area or buttocks, or the female breast, whether or not subsequently obscured by a mark placed thereon, or otherwise altered, in any resulting motion picture, photograph or other visual representation, exclusive of exposure portrayed in matter of a private, family nature not intended for distribution outside the family;

(5) “Performance” means any play, motion picture, photograph or dance. Performance also means any other visual representation exhibited before an audience;

(6) “Sexual performance” means any performance or part thereof which includes sexual conduct by a minor; and

(7) “Promote” means to prepare, publish, print, procure or manufacture, or to offer or agree to do the same.

CREDIT(S)

HISTORY: 2009 c 100, § 4, eff. 6-25-09; 1986 c 439, § 6, eff. 7-15-86; 1978 c 219, § 2

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 531.310

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 531. Pornography (Refs & Annos)

Sexual Exploitation of Minors

531.310 Use of a minor in a sexual performance

(1) A person is guilty of the use of a minor in a sexual performance if he employs, consents to, authorizes or induces a minor to engage in a sexual performance.

(2) Use of a minor in a sexual performance is:

(a) A Class C felony if the minor so used is less than eighteen (18) years old at the time the minor engages in the prohibited activity;

(b) A Class B felony if the minor so used is less than sixteen (16) years old at the time the minor engages in the prohibited activity; and

CREDIT(S)

HISTORY: 1986 c 289, § 8, eff. 7-15-86; 1978 c 219, § 3

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 531.320

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 531. Pornography (Refs & Annos)

Sexual Exploitation of Minors

531.320 Promoting a sexual performance by a minor

(1) A person is guilty of promoting a sexual performance by a minor when, knowing the character and content thereof, he produces, directs or promotes any performance which includes sexual conduct by a minor.

(2) Promoting a sexual performance by a minor is:

(a) A Class C felony if the minor involved in the sexual performance is less than eighteen (18) years old at the time the minor engages in the prohibited activity;

(b) A Class B felony if the minor involved in the sexual performance is less than sixteen (16) years old at the time the minor engages in the prohibited activity; and

CREDIT(S)

HISTORY: 1986 c 289, § 9, eff. 7-15-86; 1978 c 219, § 4

COMPLEMENTARY LEGISLATION:

Ala.--Code 1975, §§ 13A-12-190 to 13A-12-198.

Alaska--AS 11.41.455.

Ariz.--A.R.S. § 13-3553.

Ark.--A.C.A. §§ 5-27-301 to 5-27-305.

Cal.--West's Ann.Cal.Penal Code §§ 311 to 311.11.

Colo.--West's C.R.S.A. § 18-6-403.

Conn.--C.G.S.A. §§ 53a-196 to 53a-196b.

Del.--11 Del.C. §§ 1108, 1109.

Fla.--West's F.S.A. § 827.071.

Ga.--O.C.G.A. § 16-12-100.

Hawaii--H R S §§ 707-750, 707-751.

Idaho--I.C. § 44-1306.

Ill.--S.H.A. 720 ILCS 5/11-20.1 to 5/11-20.1A.

Ind.--West's A.I.C. 35-49-1-1 to 35-49-1-10.

Iowa--I.C.A. § 728.12.

Kan.--K.S.A. 21-3516.

Ky.--KRS 531.320, 531.340 to 531.360.

La.--LSA-R.S. 14:81.1.

Md.--Code, Criminal Law, § 11-207.

Mass.--M.G.L.A. c. 272, §§ 29A, 29B.

Mich.--M.C.L.A. § 750.145c.

Minn.--M.S.A. § 617.246.

Miss.--Code 1972, § 97-5-33.

Mo.--V.A.M.S. § 568.060.

Mt.--M.C.A. 45-5-625.

Neb.--R.R.S. 1943, §§ 28-1463.01 to 28-1463.05.

Nev.--N.R.S. 200.700 to 200.760.

N.H.--RSA 650:2.

N.J.--N.J.S.A. 2C:24-4.

N.M.--NMSA 1978, §§ 30-6A-1 to 30-6A-4.

N.C.--G.S. § 14-190.16.

N.D.--NDCC 12.1-27.1-01.

Ohio--R.C. § 2907.32 to 2907.323.

Okl.--21 Okl.St.Ann. § 1021.2.

Ore.--ORS 163.305 et seq.

Pa.--18 Pa.C.S.A. § 6312.

R.I.--Gen.Laws. 1956, § 11-9-1.1.

S.D.--SDCL 22-24A-1, 22-24A-20.

Tenn.--T.C.A. §§ 39-17-911, 39-17-914.

U.S.--18 U.S.C.A. § 2252.

Utah--U.C.A. 1953, 76-5a-1 to 76-5a-4.

Va.--Code 1950, §§ 18.2-374.1 to 18.2-374.1:2.

Wash.--West's RCWA 9.68A.060.

W.Va.--Code, 61-8C-3.

Wis.--W.S.A. 948.05.

Wyo.--Wyo.Stat.Ann. § 27-6-114.

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 531.330

Effective: June 26, 2007

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 531. Pornography (Refs & Annos)

Sexual Exploitation of Minors

531.330 Presumption as to minority

(1) For purposes of KRS 529.040 or 529.100 where the offense involves commercial sexual activity and for the purposes of KRS 530.070, 531.080, and 531.300 to 531.370, any person who appears to be under the age of eighteen (18), or under the age of sixteen (16), shall be presumed to be under the age of eighteen (18), or under the age of sixteen (16), as the case may be.

(2) In any prosecution under KRS 529.040 or 529.100 where the offense involves commercial sexual activity by a minor and in any prosecution under KRS 530.070, 531.080, and 531.300 to 531.370, the defendant may prove in exculpation that he in good faith reasonably believed that the person involved in the performance was not a minor.

(3) The presumption raised in subsection (1) of this section may be rebutted by any competent evidence.

CREDIT(S)

HISTORY: 2007 c 19, § 14, eff. 6-26-07; 1978 c 219, § 5, eff. 6-17-78

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 531.335

Effective: July 12, 2006

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 531. Pornography (Refs & Annos)

Sexual Exploitation of Minors

531.335 Possession of matter portraying a sexual performance by a minor

(1) A person is guilty of possession of matter portraying a sexual performance by a minor when, having knowledge of its content, character, and that the sexual performance is by a minor, he or she knowingly has in his or her possession or control any matter which visually depicts an actual sexual performance by a minor person.

(2) Possession of matter portraying a sexual performance by a minor is a Class D felony.

CREDIT(S)

HISTORY: 2006 c 182, § 39, eff. 7-12-06; 1992 c 201, § 1, eff. 7-14-92

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 531.340

Effective: July 12, 2006

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 531. Pornography (Refs & Annos)

Sexual Exploitation of Minors

531.340 Distribution of matter portraying a sexual performance by a minor

(1) A person is guilty of distribution of matter portraying a sexual performance by a minor when, having knowledge of its content and character, he or she:

(a) Sends or causes to be sent into this state for sale or distribution; or

(b) Brings or causes to be brought into this state for sale or distribution; or

1. Exhibits for profit or gain; or

2. Distributes; or

3. Offers to distribute; or

4. Has in his or her possession with intent to distribute, exhibit for profit or gain or offer to distribute, any matter portraying a sexual performance by a minor.

(2) Any person who has in his or her possession more than one (1) unit of material coming within the provision of KRS 531.300(2) shall be rebuttably presumed to have such material in his or her possession with the intent to distribute it.

(3) Distribution of matter portraying a sexual performance by a minor is a Class D felony for the first offense and a Class C felony for each subsequent offense.

CREDIT(S)

HISTORY: 2006 c 182, § 40, eff. 7-12-06; 1992 c 201, § 2, eff. 7-14-92; 1978 c 219, § 6

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 531.350

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 531. Pornography (Refs & Annos)

Sexual Exploitation of Minors

531.350 Promoting sale of material portraying a sexual performance by a minor

(1) A person is guilty of promoting sale of material portraying a sexual performance by a minor when he knowingly, as a condition to a sale, allocation, consignment, or delivery for resale of any paper, magazine, book, periodical, publication or other merchandise, requires that the purchaser or consignee receive any matter portraying a sexual performance by a minor, or he denies or threatens to deny a franchise, revokes or threatens to revoke, or imposes any penalty, financial or otherwise, by reason of the failure of any person to accept such matter, or by reason of the return of such matter.

(2) Promoting sale of matter portraying a sexual performance by a minor is a Class A misdemeanor for the first offense, a Class D felony for the second offense, and a Class C felony for each subsequent offense.

CREDIT(S)

HISTORY: 1978 c 219, § 7, eff. 6-17-78

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 531.360

Effective: July 12, 2006

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 531. Pornography (Refs & Annos)

Sexual Exploitation of Minors

531.360 Advertising material portraying a sexual performance by a minor

(1) A person is guilty of advertising material portraying a sexual performance by a minor when, having knowledge of its content and character thereof, he or she writes or creates advertising or solicits anyone to publish such advertising or otherwise promotes the sale or distribution of matter portraying a sexual performance by a minor.

(2) Advertising material portraying a sexual performance by a minor is a Class D felony for the first offense and a Class C felony for each subsequent offense.

CREDIT(S)

HISTORY: 2006 c 182, § 41, eff. 7-12-06; 1978 c 219, § 9, eff. 6-17-78

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 531.370

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 531. Pornography (Refs & Annos)

Sexual Exploitation of Minors

531.370 Using minors to distribute material portraying a sexual performance by a minor

(1) A person is guilty of using minors to distribute material portraying a sexual performance by a minor when knowing a person to be a minor, or having possession of such facts that he should reasonably know such person is a minor, and knowing of the content and character of the material, he knowingly:

(a) Hires; or

(b) Employs; or

a minor to do or assist in doing any of the acts prohibited by KRS 531.340.

(2) Using minors to distribute material portraying a sexual performance by a minor is a Class D felony unless the defendant has previously been convicted of violation of this section or KRS 531.030, in which case it shall be a Class C felony.

CREDIT(S)

HISTORY: 1978 c 219, § 10, eff. 6-17-78

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS T. L, Ch. 532, Refs & Annos

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.005

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.005 Chapters 532, 533 and 534 to apply to crimes outside provisions of the Penal Code

KRS Chapters 532, 533 and 534 apply to all classes of crimes committed outside the provisions of the Penal Code.

CREDIT(S)

HISTORY: 1976 c 183, § 6, eff. 6-19-76

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.007

Effective: June 8, 2011

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.007 Commonwealth’s sentencing policy

It is the sentencing policy of the Commonwealth of Kentucky that:

(1) The primary objective of sentencing shall be to maintain public safety and hold offenders accountable while reducing recidivism and criminal behavior and improving outcomes for those offenders who are sentenced;

(2) Reduction of recidivism and criminal behavior is a key measure of the performance of the criminal justice system;

(3) Sentencing judges shall consider:

(a) Beginning July 1, 2013, the results of a defendant's risk and needs assessment included in the presentence investigation; and

(b) The likely impact of a potential sentence on the reduction of the defendant's potential future criminal behavior;

(4) All supervision and treatment programs provided for defendants shall utilize evidence-based practices to reduce the likelihood of future criminal behavior; and

(5) All supervision and treatment programs shall be evaluated at regular intervals to measure and ensure reduction of criminal behavior by defendants in the criminal justice system.

CREDIT(S)

HISTORY: 2011 c 2, § 1, eff. 6-8-11

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.010

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.010 Classification of offenses

Felonies are classified, for the purpose of sentencing, into five categories:

(1) Capital offenses;

(2) Class A felonies;

(3) Class B felonies;

(4) Class C felonies; and

(5) Class D felonies.

CREDIT(S)

HISTORY: 1974 c 406, § 273, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.020

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.020 Designation of offenses

(1) Any offense defined outside this code for which a law outside this code provides a sentence to a term of imprisonment in the state for:

(a) At least one (1) but not more than five (5) years shall be deemed a Class D felony;

(b) At least five (5) but not more than ten (10) years shall be deemed a Class C felony;

(d) For at least twenty (20) but not more than fifty (50) years or for life shall be deemed a Class A felony.

(2) Any offense defined outside this code for which a law outside this code provides a sentence to a definite term of imprisonment with a maximum which falls between ninety (90) days and twelve (12) months shall be deemed a Class A misdemeanor.

(3) Any offense defined outside this code for which a law outside this code provides a sentence to a definite term of imprisonment with a maximum of less than ninety (90) days shall be deemed a Class B misdemeanor.

(4) Any offense defined outside this code for which a law outside this code provides a sentence to a fine only or to any other punishment, whether in combination with a fine or not, other than death or imprisonment shall be deemed a violation.

CREDIT(S)

HISTORY: 1998 c 606, § 74, eff. 7-15-98; 1980 c 309, § 5, eff. 7-15-80; 1974 c 406, § 274

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.025

Effective: July 12, 2012

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.025 Presentence hearings; use of juvenile court records; aggravating or mitigating circumstances; instruction to jury

(1) (a) Upon conviction of a defendant in cases where the death penalty may be imposed, a hearing shall be conducted. In such hearing, the judge shall hear additional evidence in extenuation, mitigation, and aggravation of punishment, including the record of any prior criminal convictions and pleas of guilty or pleas of nolo contendere of the defendant, or the absence of any prior conviction and pleas; provided, however, that only such evidence in aggravation as the state has made known to the defendant prior to his trial shall be admissible. Subject to the Kentucky Rules of Evidence, juvenile court records of adjudications of guilt of a child for an offense that would be a felony if committed by an adult shall be admissible in court at any time the child is tried as an adult, or after the child becomes an adult, at any subsequent criminal trial relating to that same person. Juvenile court records made available pursuant to this section may be used for impeachment purposes during a criminal trial and may be used during the sentencing phase of a criminal trial; however, the fact that a juvenile has been adjudicated delinquent of an offense that would be a felony if the child had been an adult shall not be used in finding the child to be a persistent felony offender based upon that adjudication. Release of the child's treatment, medical, mental, or psychological records is prohibited unless presented as evidence in Circuit Court. Release of any records resulting from the child's prior abuse and neglect under Title IV-E [FN1] or IV-B [FN2] of the Federal Social Security Act is also prohibited. The judge shall also hear argument by the defendant or his counsel and the prosecuting attorney, as provided by law, regarding the punishment to be imposed. The prosecuting attorney shall open and the defendant shall conclude the argument. In cases in which the death penalty may be imposed, the judge when sitting without a jury shall follow the additional procedure provided in subsection (2) of this section. Upon the conclusion of the evidence and arguments, the judge shall impose the sentence or shall recess the trial for the purpose of taking the sentence within the limits prescribed by law. If the trial court is reversed on appeal because of error only in the presentence hearing, the new trial which may be ordered shall apply only to the issue of punishment;

(b) In all cases in which the death penalty may be imposed and which are tried by a jury, upon a return of a verdict of guilty by the jury, the court shall resume the trial and conduct a presentence hearing before the jury. Such hearing shall be conducted in the same manner as presentence hearings conducted before the judge as provided in paragraph (a) of this subsection, including the record of any prior criminal convictions and pleas of guilty or pleas of nolo contendere of the defendant. Upon the conclusion of the evidence and arguments, the judge shall give the jury appropriate instructions, and the jury shall retire to determine whether any mitigating or aggravating circumstances, as defined in subsection (2) of this section, exist and to recommend a sentence for the defendant. Upon the findings of the jury, the judge shall fix a sentence within the limits prescribed by law.

(2) In all cases of offenses for which the death penalty may be authorized, the judge shall consider, or he shall include in his instructions to the jury for it to consider, any mitigating circumstances or aggravating circumstances otherwise authorized by law and any of the following statutory aggravating or mitigating circumstances which may be supported by the evidence:

(a) Aggravating circumstances:

1. The offense of murder or kidnapping was committed by a person with a prior record of conviction for a capital offense, or the offense of murder was committed by a person who has a substantial history of serious assaultive criminal convictions;

2. The offense of murder or kidnapping was committed while the offender was engaged in the commission of arson in the first degree, robbery in the first degree, burglary in the first degree, rape in the first degree, or sodomy in the first degree;

3. The offender by his act of murder, armed robbery, or kidnapping knowingly created a great risk of death to more than one (1) person in a public place by means of a weapon of mass destruction, weapon, or other device which would normally be hazardous to the lives of more than one (1) person;

4. The offender committed the offense of murder for himself or another, for the purpose of receiving money or any other thing of monetary value, or for other profit;

5. The offense of murder was committed by a person who was a prisoner and the victim was a prison employee engaged at the time of the act in the performance of his duties;

6. The offender's act or acts of killing were intentional and resulted in multiple deaths;

7. The offender's act of killing was intentional and the victim was a state or local public official or police officer, sheriff, or deputy sheriff engaged at the time of the act in the lawful performance of his duties; and

8. The offender murdered the victim when an emergency protective order or a domestic violence order was in effect, or when any other order designed to protect the victim from the offender, such as an order issued as a condition of a bond, conditional release, probation, parole, or pretrial diversion, was in effect.

(b) Mitigating circumstances:

1. The defendant has no significant history of prior criminal activity;

2. The capital offense was committed while the defendant was under the influence of extreme mental or emotional disturbance even though the influence of extreme mental or emotional disturbance is not sufficient to constitute a defense to the crime;

3. The victim was a participant in the defendant's criminal conduct or consented to the criminal act;

4. The capital offense was committed under circumstances which the defendant believed to provide a moral justification or extenuation for his conduct even though the circumstances which the defendant believed to provide a moral justification or extenuation for his conduct are not sufficient to constitute a defense to the crime;

5. The defendant was an accomplice in a capital offense committed by another person and his participation in the capital offense was relatively minor;

6. The defendant acted under duress or under the domination of another person even though the duress or the domination of another person is not sufficient to constitute a defense to the crime;

7. At the time of the capital offense, the capacity of the defendant to appreciate the criminality of his conduct to the requirements of law was impaired as a result of mental illness or an intellectual disability or intoxication even though the impairment of the capacity of the defendant to appreciate the criminality of his conduct or to conform the conduct to the requirements of law is insufficient to constitute a defense to the crime; and

8. The youth of the defendant at the time of the crime.

(3) The instructions as determined by the trial judge to be warranted by the evidence or as required by KRS 532.030(4) shall be given in charge and in writing to the jury for its deliberation. The jury, if its verdict be a recommendation of death, or imprisonment for life without benefit of probation or parole, or imprisonment for life without benefit of probation or parole until the defendant has served a minimum of twenty-five (25) years of his sentence, shall designate in writing, signed by the foreman of the jury, the aggravating circumstance or circumstances which it found beyond a reasonable doubt. In nonjury cases, the judge shall make such designation. In all cases unless at least one (1) of the statutory aggravating circumstances enumerated in subsection (2) of this section is so found, the death penalty, or imprisonment for life without benefit of probation or parole, or the sentence to imprisonment for life without benefit of probation or parole until the defendant has served a minimum of twenty-five (25) years of his sentence, shall not be imposed.

CREDIT(S)

HISTORY: 2012 c 146, § 132, eff. 7-12-12; 2001 c 113, § 8, eff. 6-21-01; 1998 c 606, § 72, eff. 7-15-98; 1996 c 358, § 7, eff. 7-15-97; 1988 c 283, § 16, eff. 7-15-88; 1986 c 358, § 3; 1984 c 110, § 1; 1976 ex s, c 15, § 2

[FN1]42 U.S.C.A. § 670 et seq.

[FN2]42 U.S.C.A. § 620 et seq.

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.030

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.030 Authorized dispositions; generally; instructions by judge

(1) When a person is convicted of a capital offense, he shall have his punishment fixed at death, or at a term of imprisonment for life without benefit of probation or parole, or at a term of imprisonment for life without benefit of probation or parole until he has served a minimum of twenty-five (25) years of his sentence, or to a sentence of life, or to a term of not less than twenty (20) years nor more than fifty (50) years.

(2) When a person is convicted of a Class A felony, he shall have his punishment fixed at imprisonment in accordance with KRS 532.060.

(3) When a person is convicted of an offense other than a capital offense or Class A felony, he shall have his punishment fixed at:

(a) A term of imprisonment authorized by this chapter; or

(b) A fine authorized by KRS Chapter 534; or

(4) In all cases in which the death penalty may be authorized the judge shall instruct the jury in accordance with subsection (1) of this section. The instructions shall state, subject to the aggravating and mitigating limitations and requirements of KRS 532.025, that the jury may recommend upon a conviction for a capital offense a sentence of death, or at a term of imprisonment for life without benefit of probation or parole, or a term of imprisonment for life without benefit of probation or parole until the defendant has served a minimum of twenty-five (25) years of his sentence, or a sentence of life, or to a term of not less than twenty (20) years nor more than fifty (50) years.

CREDIT(S)

HISTORY: 1998 c 606, § 71, eff. 7-15-98; 1984 c 110, § 2, eff. 7-13-84; 1976 ex s, c 15, § 3; 1974 c 406, § 275

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.031

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.031 Hate crimes; finding; effect

(1) A person may be found by the sentencing judge to have committed an offense specified below as a result of a hate crime if the person intentionally because of race, color, religion, sexual orientation, or national origin of another individual or group of individuals violates a provision of any one (1) of the following:

(a) KRS 508.010, 508.020, 508.025, or 508.030;

(b) KRS 508.050 or 508.060;

(d) KRS 509.020;

(e) KRS 510.040, 510.050, 510.060, 510.070, 510.080, 510.090, 510.100, or 510.110;

(f) KRS 512.020, 512.050, or 512.060;

(g) KRS 513.020, 513.030, or 513.040; or

(h) KRS 525.020, 525.050, 525.060, 525.070, or 525.080.

(2) At sentencing, the sentencing judge shall determine if, by a preponderance of the evidence presented at the trial, a hate crime was a primary factor in the commission of the crime by the defendant. If so, the judge shall make a written finding of fact and enter that in the court record and in the judgment rendered against the defendant.

(3) The finding that a hate crime was a primary factor in the commission of the crime by the defendant may be utilized by the sentencing judge as the sole factor for denial of probation, shock probation, conditional discharge, or other form of nonimposition of a sentence of incarceration.

(4) The finding by the sentencing judge that a hate crime was a primary factor in the commission of the crime by the defendant may be utilized by the Parole Board in delaying or denying parole to a defendant.

CREDIT(S)

HISTORY: 2000 c 541, § 6, eff. 7-14-00; 1998 c 606, § 51, eff. 7-15-98

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.032

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.032 Restitution

(1) Restitution to a named victim, if there is a named victim, shall be ordered in a manner consistent, insofar as possible, with the provisions of this section and KRS 439.563, 532.033, 533.020, and 533.030 in addition to any other part of the penalty for any offense under this chapter. The provisions of this section shall not be subject to suspension or nonimposition.

(2) If pretrial diversion is granted, restitution shall be a part of the diversion agreement.

(3) If probation, shock probation, conditional discharge, or other alternative sentence is granted, restitution shall be a condition of the sentence.

(4) If a person is sentenced to incarceration and paroled, restitution shall be made a condition of parole.

(5) Restitution payments ordered under this section shall be paid by the defendant to the clerk or a court-authorized program run by the county attorney or the Commonwealth's attorney of the county.

CREDIT(S)

HISTORY: 2002 c 183, § 30, eff. 8-1-02; 1998 c 606, § 45, eff. 7-15-98

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.033

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.033 Order of restitution

When a judge orders restitution, the judge shall:

(1) Order the restitution to be paid to a specific person or organization through the circuit clerk, who shall disburse the moneys as ordered by the court;

(2) Be responsible for overseeing the collection of restitution;

(3) Set the amount of restitution to be paid;

(4) Set the amount and frequency of each restitution payment or require the payment to be made in a lump sum;

(5) Monitor the payment of the restitution to assure that payment is being made;

(6) If restitution is not being paid as ordered, hold a hearing to determine why the restitution is not being paid;

(7) If the restitution is not being paid and no good reason exists therefor, institute sanctions against the defendant; and

(8) Not release the defendant from probation supervision until restitution has been paid in full and all other aspects of the probation order have been successfully completed.

CREDIT(S)

HISTORY: 1998 c 606, § 46, eff. 7-15-98

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.034

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.034 Restitution for financial loss resulting from theft of identity or trafficking in stolen identities

(1) A person found guilty of violating any provisions of KRS 434.872, 434.874, 514.160, or 514.170 shall, in addition to any other punishment, be ordered to make restitution for financial loss sustained by a victim as a result of the violation. Financial loss may include any costs incurred by the victim in correcting the credit history of the victim or any costs incurred in connection with any civil or administrative proceeding to satisfy any debt or other obligation of such victim, including lost wages and attorney's fees.

(2) A person found guilty of violating any provisions of KRS 434.872, 434.874, 514.160, or 514.170 shall pay restitution to the person or entity that suffers the financial loss. In addition to the financial loss detailed in subsection (1) of this section, the person or entity may include a financial institution, insurance company, or bonding association that suffers direct financial loss as a result of the violation.

CREDIT(S)

HISTORY: 2002 c 175, § 10, eff. 7-15-02; 2000 c 174, § 4, eff. 7-14-00

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.035

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.035 Sentence for capital offense--Repealed

CREDIT(S)

HISTORY: 1984 c 110, § 3, eff. 7-13-84; 1976 ex s, c 15, § 4

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.040

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.040 Probation and conditional discharge

When a person is convicted of an offense, other than a capital offense or having been designated a violent offender as defined in KRS 439.3401, the court, where authorized by KRS Chapter 533 and where not prohibited by other provisions of applicable law, may sentence such person to a period of probation or to a period of conditional discharge as provided in that chapter. A sentence to probation or conditional discharge shall be deemed a tentative one to the extent that it may be altered or revoked in accordance with KRS Chapter 533, but for purposes of appeal shall be deemed to be a final judgment of conviction. In any case where the court imposes a sentence of probation or conditional discharge, it may also impose a fine as authorized by KRS Chapter 534.

CREDIT(S)

HISTORY: 2000 c 401, § 7, eff. 7-14-00; 1984 c 382, § 22, eff. 7-13-84; 1974 c 406, § 276

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.043

Effective: March 3, 2011

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.043 Requirement of postincarceration supervision for certain felonies

(1) In addition to the penalties authorized by law, any person convicted of, pleading guilty to, or entering an Alford plea to a felony offense under KRS Chapter 510, 529.100 involving commercial sexual activity, 530.020, 530.064(1)(a), 531.310, or 531.320 shall be subject to a period of postincarceration supervision following release from:

(a) Incarceration upon expiration of sentence; or

(b) Completion of parole.

(2) The period of postincarceration supervision shall be five (5) years.

(3) During the period of postincarceration supervision, the defendant shall:

(a) Be subject to all orders specified by the Department of Corrections; and

(b) Comply with all education, treatment, testing, or combination thereof required by the Department of Corrections.

(4) Persons under postincarceration supervision pursuant to this section shall be subject to the supervision of the Division of Probation and Parole and under the authority of the Parole Board.

(5) If a person violates a provision specified in subsection (3) of this section, the violation shall be reported in writing by the Division of Probation and Parole. Notice of the violation shall be sent to the Parole Board to determine whether probable cause exists to revoke the defendant's postincarceration supervision and reincarcerate the defendant as set forth in KRS 532.060.

(6) The provisions of this section shall apply only to persons convicted, pleading guilty, or entering an Alford plea after July 15, 1998.

CREDIT(S)

HISTORY: 2011 c 2, § 91, eff. 3-3-11; 2007 c 19, § 15, eff. 6-26-07; 2006 c 182, § 42, eff. 7-12-06; 2000 c 345, § 9, eff. 7-14-00; 1998 c 606, § 25, eff. 7-15-98

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.045

Effective: June 8, 2011

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.045 Persons prohibited from probation or postincarceration supervision; procedure when probation or postincarceration supervision not prohibited

(1) As used in this section:

(a) “Position of authority” means but is not limited to the position occupied by a biological parent, adoptive parent, stepparent, foster parent, relative, household member, adult youth leader, recreational staff, or volunteer who is an adult, adult athletic manager, adult coach, teacher, classified school employee, certified school employee, counselor, staff, or volunteer for either a residential treatment facility, a holding facility as defined in KRS 600.020, or a detention facility as defined in KRS 520.010(4), staff or volunteer with a youth services organization, religious leader, health-care provider, or employer;

(b) “Position of special trust” means a position occupied by a person in a position of authority who by reason of that position is able to exercise undue influence over the minor; and

(c) “Substantial sexual conduct” means penetration of the vagina or rectum by the penis of the offender or the victim, by any foreign object; oral copulation; or masturbation of either the minor or the offender.

(2) Notwithstanding other provisions of applicable law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, nor shall a finding bringing the defendant within the provision of this section be stricken for a person convicted of violating KRS 510.050, 510.080, 529.040, 529.070, 529.100 where the offense involves commercial sexual activity, 530.020, 531.310, 531.320, or 531.370, or criminal attempt to commit any of these offenses under KRS 506.010, and, who meets one (1) or more of the following criteria:

(a) A person who commits any of the offenses enumerated in this subsection against a minor by the use of force, violence, duress, menace, or threat of bodily harm;

(b) A person who, in committing any of the offenses enumerated in this subsection, caused bodily injury to the minor;

(c) A person convicted of any of the offenses enumerated in this subsection and who was a stranger to the minor or made friends with the minor for the purpose of committing an act constituting any of the offenses enumerated in this subsection, unless the defendant honestly and reasonably believed the minor was eighteen (18) years old or older;

(d) A person who used a dangerous instrument or deadly weapon against a minor during the commission of any of the offenses enumerated in this subsection;

(e) A person convicted of any of the offenses enumerated in this subsection and who has had a prior conviction of assaulting a minor, with intent to commit an act constituting any of the offenses enumerated in this subsection;

(f) A person convicted of kidnapping a minor in violation of the Kentucky Penal Code and who kidnapped the minor for the purpose of committing an act constituting any of the offenses enumerated in this subsection;

(g) A person who is convicted of committing any of the offenses enumerated in this subsection on more than one (1) minor at the same time or in the same course of conduct;

(h) A person who in committing any of the offenses enumerated in this subsection has substantial sexual conduct with a minor under the age of fourteen (14) years; or

(i) A person who occupies a position of special trust and commits an act of substantial sexual conduct.

Nothing in this section shall be construed to prohibit the additional period of five (5) years' postincarceration supervision required by KRS 532.043.

(3) If a person is not otherwise prohibited from obtaining probation or conditional discharge under subsection (2), the court may impose on the person a period of probation or conditional discharge. Probation or conditional discharge shall not be granted until the court is in receipt of the comprehensive sex offender presentence evaluation of the offender performed by an approved provider, as defined in KRS 17.500 or the Department of Corrections. The court shall use the comprehensive sex offender presentence evaluation in determining the appropriateness of probation or conditional discharge.

(4) If the court grants probation or conditional discharge, the offender shall be required, as a condition of probation or conditional discharge, to successfully complete a community-based sexual offender treatment program operated or approved by the Department of Corrections or the Sex Offender Risk Assessment Advisory Board.

(5) The offender shall pay for any evaluation or treatment required pursuant to this section up to the offender's ability to pay but not more than the actual cost of the comprehensive sex offender presentence evaluation or treatment.

(6) Failure to successfully complete the sexual offender treatment program constitutes grounds for the revocation of probation or conditional discharge.

(7) The comprehensive sex offender presentence evaluation and all communications relative to the comprehensive sex offender presentence evaluation and treatment of a sexual offender shall fall under the provisions of KRS 197.440. The comprehensive sex offender presentence evaluation shall be filed under seal and shall not be made a part of the court record subject to review in appellate proceedings and shall not be made available to the public.

(8) Before imposing sentence, the court shall advise the defendant or his counsel of the contents and conclusions of any comprehensive sex offender presentence evaluation performed pursuant to this section and afford a fair opportunity and a reasonable period of time, if the defendant so requests, to controvert them. The court shall provide the defendant's counsel and the Commonwealth's attorney a copy of the comprehensive sex offender presentence evaluation. It shall not be necessary to disclose the sources of confidential information.

(9) To the extent that this section conflicts with KRS 533.010, this section shall take precedence.

CREDIT(S)

HISTORY: 2011 c 2, § 94, eff. 6-8-11; 2007 c 19, § 16, eff. 6-26-07; 2006 c 182, § 43, eff. 7-12-06; 2000 c 401, § 34, eff. 4-11-00; 2000 c 401, § 9, eff. 7-14-00; 1998 c 606, § 118, c 293, § 1, eff. 7-15-98; 1996 c 300, § 3, eff. 7-15-96; 1994 c 94, § 3, eff. 7-15-94; 1984 c 382, § 23, eff. 7-13-84

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.047

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.047 Nonavailability of probation or suspension of sentence to violent offender; exception

Probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, a person who has been designated as a violent offender as defined in KRS 439.3401, unless such probation is granted in accordance with KRS 439.3401.

CREDIT(S)

HISTORY: 2000 c 401, § 8, eff. 7-14-00

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.050

Effective: June 8, 2011 to June 30, 2013

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.050 Presentence procedure for felony conviction; probation officer’s report to include preliminary calculation of credit for time spent in custody (Effective until July 1, 2013)

<Note: Section effective until 7-1-13. See also section effective 7-1-13.>

(1) No court shall impose sentence for conviction of a felony, other than a capital offense, without first ordering a presentence investigation after conviction and giving due consideration to a written report of the investigation. The presentence investigation report shall not be waived; however, the completion of the presentence investigation report may be delayed until after sentencing upon the written request of the defendant if the defendant is in custody.

(2) The report shall be prepared and presented by a probation officer and shall include:

(a) An analysis of the defendant's history of delinquency or criminality, physical and mental condition, family situation and background, economic status, education, occupation, and personal habits;

(b) A preliminary calculation of the credit allowed the defendant for time spent in custody prior to the commencement of a sentence under KRS 532.120; and

(3) Before imposing sentence for a felony conviction, the court may order the defendant to submit to psychiatric observation and examination for a period not exceeding sixty (60) days. The defendant may be remanded for this purpose to any available clinic or mental hospital or the court may appoint a qualified psychiatrist to make the examination.

(4) If the defendant has been convicted of a sex crime, as defined in KRS 17.500, prior to determining the sentence or prior to final sentencing for youthful offenders, the court shall order a comprehensive sex offender presentence evaluation of the defendant to be conducted by an approved provider, as defined in KRS 17.500, the Department of Corrections, or the Department of Juvenile Justice if the defendant is a youthful offender. The comprehensive sex offender presentence evaluation shall provide to the court a recommendation related to the risk of a repeat offense by the defendant and the defendant's amenability to treatment and shall be considered by the court in determining the appropriate sentence. A copy of the comprehensive sex offender presentence evaluation shall be furnished to the court, the Commonwealth's attorney, and to counsel for the defendant. If the defendant is eligible and the court suspends the sentence and places the defendant on probation or conditional discharge, the provisions of KRS 532.045(3) to (8) shall apply. All communications relative to the comprehensive sex offender presentence evaluation and treatment of the sex offender shall fall under the provisions of KRS 197.440 and shall not be made a part of the court record subject to review in appellate proceedings. The defendant shall pay for any comprehensive sex offender presentence evaluation or treatment required pursuant to this section up to the defendant's ability to pay but no more than the actual cost of the comprehensive sex offender presentence evaluation or treatment.

(5) The presentence investigation report shall identify the counseling treatment, educational, and rehabilitation needs of the defendant and identify community-based and correctional-institutional-based programs and resources available to meet those needs or shall identify the lack of programs and resources to meet those needs.

(6) Before imposing sentence, the court shall advise the defendant or his or her counsel of the factual contents and conclusions of any presentence investigation or psychiatric examinations and afford a fair opportunity and a reasonable period of time, if the defendant so requests, to controvert them. The court shall provide the defendant's counsel a copy of the presentence investigation report. It shall not be necessary to disclose the sources of confidential information.

CREDIT(S)

HISTORY: 2011 c 2, § 107, eff. 6-8-11; 2009 c 57, § 4, eff. 6-25-09; 2006 c 182, § 44, eff. 7-12-06; 2004 c 160, § 11, eff. 7-13-04; 2000 c 401, § 35, eff. 4-11-00; 1998 c 606, § 75, eff. 7-15-98; 1996 c 300, § 4, eff. 7-15-96; 1994 c 94, § 4, eff. 7-15-94; 1992 c 427, § 3, eff. 7-14-92; 1990 c 497, § 14; 1976 c 183, § 5; 1974 c 406, § 277

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.050

Effective: July 1, 2013

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.050 Presentence procedure for felony conviction (Effective July 1, 2013)

<Note: Section effective 7-1-13. See also section effective until 7-1-13>

(2) The report shall be prepared and presented by a probation officer and shall include:

(a) The results of the defendant's risk and needs assessment;

(b) An analysis of the defendant's history of delinquency or criminality, physical and mental condition, family situation and background, economic status, education, occupation, and personal habits;

(c) A preliminary calculation of the credit allowed the defendant for time spent in custody prior to the commencement of a sentence under KRS 532.120; and

(d) Any other matters that the court directs to be included.

CREDIT(S)

HISTORY: 2011 c 2, § 37, eff. 7-1-13; 2011 c 2, § 107, eff. 6-8-11; 2009 c 57, § 4, eff. 6-25-09; 2006 c 182, § 44, eff. 7-12-06; 2004 c 160, § 11, eff. 7-13-04; 2000 c 401, § 35, eff. 4-11-00; 1998 c 606, § 75, eff. 7-15-98; 1996 c 300, § 4, eff. 7-15-96; 1994 c 94, § 4, eff. 7-15-94; 1992 c 427, § 3, eff. 7-14-92; 1990 c 497, § 14; 1976 c 183, § 5; 1974 c 406, § 277

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.055

Effective: June 8, 2011

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.055 Verdicts and sentencing by jury in felony cases

(1) In all felony cases, the jury in its initial verdict will make a determination of not guilty, guilty, guilty but mentally ill, or not guilty by virtue of insanity, and no more.

(2) Upon return of a verdict of guilty or guilty but mentally ill against a defendant, the court shall conduct a sentencing hearing before the jury, if such case was tried before a jury. In the hearing the jury will determine the punishment to be imposed within the range provided elsewhere by law. The jury shall recommend whether the sentences shall be served concurrently or consecutively.

(a) Evidence may be offered by the Commonwealth relevant to sentencing including:

1. Minimum parole eligibility, prior convictions of the defendant, both felony and misdemeanor;

2. The nature of prior offenses for which he was convicted;

3. The date of the commission, date of sentencing, and date of release from confinement or supervision from all prior offenses;

4. The maximum expiration of sentence as determined by the division of probation and parole for all such current and prior offenses;

5. The defendant's status if on probation, parole, postincarceration supervision, conditional discharge, or any other form of legal release;

6. Juvenile court records of adjudications of guilt of a child for an offense that would be a felony if committed by an adult. Subject to the Kentucky Rules of Evidence, these records shall be admissible in court at any time the child is tried as an adult, or after the child becomes an adult, at any subsequent criminal trial relating to that same person. Juvenile court records made available pursuant to this section may be used for impeachment purposes during a criminal trial and may be used during the sentencing phase of a criminal trial; however, the fact that a juvenile has been adjudicated delinquent of an offense that would be a felony if the child had been an adult shall not be used in finding the child to be a persistent felony offender based upon that adjudication. Release of the child's treatment, medical, mental, or psychological records is prohibited unless presented as evidence in Circuit Court. Release of any records resulting from the child's prior abuse and neglect under Title IV-E [FN1] or Title IV-B [FN2] of the federal Social Security Act is also prohibited; and

7. The impact of the crime upon the victim or victims, as defined in KRS 421.500, including a description of the nature and extent of any physical, psychological, or financial harm suffered by the victim or victims;

(b) The defendant may introduce evidence in mitigation or in support of leniency; and

(c) Upon conclusion of the proof, the court shall instruct the jury on the range of punishment and counsel for the defendant may present arguments followed by the counsel for the Commonwealth. The jury shall then retire and recommend a sentence for the defendant.

(3) All hearings held pursuant to this section shall be combined with any hearing provided for by KRS 532.080.

(4) In the event that the jury is unable to agree as to the sentence or any portion thereof and so reports to the judge, the judge shall impose the sentence within the range provided elsewhere by law.

CREDIT(S)

HISTORY: 2011 c 2, § 95, eff. 6-8-11; 2008 c 60, § 2, eff. 7-15-08; 1998 c 606, § 111, eff. 7-15-98; 1996 c 358, § 8, eff. 7-15-97; 1986 c 358, § 2, eff. 7-15-86

[FN1]42 U.S.C.A. § 670 et seq.

[FN2]42 U.S.C.A. § 620 et seq.

VALIDITY

Subsection (2)(a)6. has been held unconstitutional in the case of Manns v. Com., 2002, 80 S.W.3d 439.

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.060

Effective: June 8, 2011

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.060 Sentence of imprisonment for felony; postincarceration supervision

(1) A sentence of imprisonment for a felony shall be an indeterminate sentence, the maximum of which shall be fixed within the limits provided by subsection (2), and subject to modification by the trial judge pursuant to KRS 532.070.

(2) Unless otherwise provided by law, the authorized maximum terms of imprisonment for felonies are:

(a) For a Class A felony, not less than twenty (20) years nor more than fifty (50) years, or life imprisonment;

(b) For a Class B felony, not less than ten (10) years nor more than twenty (20) years;

(d) For a Class D felony, not less than one (1) year nor more than five (5) years.

(3) For any felony specified in KRS Chapter 510, KRS 530.020, 530.064(1)(a), or 531.310, the sentence shall include an additional five (5) year period of postincarceration supervision which shall be added to the maximum sentence rendered for the offense. During this period of postincarceration supervision, if a defendant violates the provisions of postincarceration supervision, the defendant may be reincarcerated for:

(a) The remaining period of his initial sentence, if any is remaining; and

(b) The entire period of postincarceration supervision, or if the initial sentence has been served, for the remaining period of postincarceration supervision.

(4) In addition to the penalties provided in this section, for any person subject to a period of postincarceration supervision pursuant to KRS 532.400 his or her sentence shall include an additional one (1) year period of postincarceration supervision following release from incarceration upon expiration of sentence if the offender is not otherwise subject to another form of postincarceration supervision. During this period of postincarceration supervision, if an offender violates the provisions of supervision, the offender may be reincarcerated for the remaining period of his or her postincarceration supervision.

(5) The actual time of release within the maximum established by subsection (1), or as modified pursuant to KRS 532.070, shall be determined under procedures established elsewhere by law.

CREDIT(S)

HISTORY: 2011 c 2, § 38, eff. 6-8-11; 2006 c 182, § 65, eff. 7-12-06; 1998 c 606, § 70, eff. 7-15-98; 1974 c 406, § 278, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.070

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.070 Court modification of felony sentence

(1) When a sentence of imprisonment for a felony is fixed by a jury pursuant to KRS 532.060 and the trial court, having regard to the nature and circumstances of the crime and to the history and character of the defendant, is of the opinion that a sentence of imprisonment is necessary but that the maximum term fixed by the jury is unduly harsh, the court may modify that sentence and fix a maximum term within the limits provided in KRS 532.060 for the offense for which the defendant presently stands convicted.

(2) When a sentence of imprisonment for a Class D felony is fixed by a jury pursuant to KRS 532.060 and the trial court, having regard to the nature and circumstances of the crime and to the history and character of the defendant, is of the opinion that a sentence of imprisonment is necessary but that it would be unduly harsh to impose such a sentence, the court may sentence the defendant to a definite term of imprisonment in a county or a regional correctional institution for a term of one (1) year or less.

CREDIT(S)

HISTORY: 1974 c 406, § 279, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.075

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.075 Review of death sentence by Supreme Court

(1) Whenever the death penalty is imposed for a capital offense, and upon the judgment becoming final in the Circuit Court, the sentence shall be reviewed on the record by the Supreme Court. The circuit clerk, within ten (10) days after receiving the transcript, shall transmit the entire record and transcript to the Supreme Court together with a notice prepared by the clerk and a report prepared by the trial judge. The notice shall set forth the title docket number of the case, the name of the defendant and the name and address of his attorney, a narrative statement of the judgment, the offense, and the punishment prescribed. The report shall be in the form of a standard questionnaire prepared and supplied by the Supreme Court.

(2) The Supreme Court shall consider the punishment as well as any errors enumerated by way of appeal.

(3) With regard to the sentence, the court shall determine:

(a) Whether the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor, and

(b) Whether the evidence supports the jury's or judge's finding of statutory aggravating circumstances as enumerated in KRS 532.025(2), and

(c) Whether the sentence of death is excessive or disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant.

(4) Both the defendant and the Commonwealth shall have the right to submit briefs within the time provided by the court, and to present oral argument to the court.

(5) The court shall include in its decision a reference to those similar cases which it took into consideration. In addition to its authority regarding correction of errors, the court, with regard to review of death sentences, shall be authorized to:

(a) Affirm the sentence of death; or

(b) Set the sentence aside and remand the case for resentencing by the trial judge based on the record and argument of counsel. The records of those similar cases referred to by the Supreme Court in its decision, and the extracts prepared as hereinafter provided for, shall be provided to the resentencing judge for his consideration.

(6) The Chief Justice shall assign to an administrative assistant who is an attorney the following duties:

(a) To accumulate the records of all felony offenses in which the death penalty was imposed after January 1, 1970, or such earlier date as the court may deem appropriate.

(b) To provide the court with whatever extracted information it desires with respect thereto, including but not limited to a synopsis or brief of the facts in the record concerning the crime and the defendant.

(c) To compile such data as are deemed by the Chief Justice to be appropriate and relevant to the statutory questions concerning the validity of the sentence.

(7) The administrative office of the courts shall provide such staff, services, and data as are necessary to proper consideration of any matter relating to the imposition of the death penalty in any case.

(8) The sentence review shall be in addition to the direct appeal, if taken, and the review and appeal shall be consolidated. The court shall render its decision on legal errors enumerated, the factual substantiation of the verdict, and the validity of the sentence.

CREDIT(S)

HISTORY: 1976 1st ex s, c 15, § 6, eff. 12-22-76

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.080

Effective: July 12, 2012

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.080 Persistent felony offender sentencing

(1) When a defendant is found to be a persistent felony offender, the jury, in lieu of the sentence of imprisonment assessed under KRS 532.060 for the crime of which such person presently stands convicted, shall fix a sentence of imprisonment as authorized by subsection (5) or (6) of this section. When a defendant is charged with being a persistent felony offender, the determination of whether or not he is such an offender and the punishment to be imposed pursuant to subsection (5) or (6) of this section shall be determined in a separate proceeding from that proceeding which resulted in his last conviction. Such proceeding shall be conducted before the court sitting with the jury that found the defendant guilty of his most recent offense unless the court for good cause discharges that jury and impanels a new jury for that purpose.

(2) A persistent felony offender in the second degree is a person who is more than twenty-one (21) years of age and who stands convicted of a felony after having been convicted of one (1) previous felony. As used in this provision, a previous felony conviction is a conviction of a felony in this state or conviction of a crime in any other jurisdiction provided:

(a) That a sentence to a term of imprisonment of one (1) year or more or a sentence to death was imposed therefor; and

(b) That the offender was over the age of eighteen (18) years at the time the offense was committed; and

1. Completed service of the sentence imposed on the previous felony conviction within five (5) years prior to the date of commission of the felony for which he now stands convicted; or

2. Was on probation, parole, postincarceration supervision, conditional discharge, conditional release, furlough, appeal bond, or any other form of legal release from any of the previous felony convictions at the time of commission of the felony for which he now stands convicted; or

3. Was discharged from probation, parole, postincarceration supervision, conditional discharge, conditional release, or any other form of legal release on any of the previous felony convictions within five (5) years prior to the date of commission of the felony for which he now stands convicted; or

4. Was in custody from the previous felony conviction at the time of commission of the felony for which he now stands convicted; or

5. Had escaped from custody while serving any of the previous felony convictions at the time of commission of the felony for which he now stands convicted.

(3) A persistent felony offender in the first degree is a person who is more than twenty-one (21) years of age and who stands convicted of a felony after having been convicted of two (2) or more felonies, or one (1) or more felony sex crimes against a minor as defined in KRS 17.500, and now stands convicted of any one (1) or more felonies. As used in this provision, a previous felony conviction is a conviction of a felony in this state or conviction of a crime in any other jurisdiction provided:

(a) That a sentence to a term of imprisonment of one (1) year or more or a sentence to death was imposed therefor; and

(b) That the offender was over the age of eighteen (18) years at the time the offense was committed; and

1. Completed service of the sentence imposed on any of the previous felony convictions within five (5) years prior to the date of the commission of the felony for which he now stands convicted; or

4. Was in custody from the previous felony conviction at the time of commission of the felony for which he now stands convicted; or

5. Had escaped from custody while serving any of the previous felony convictions at the time of commission of the felony for which he now stands convicted.

(4) For the purpose of determining whether a person has two (2) or more previous felony convictions, two (2) or more convictions of crime for which that person served concurrent or uninterrupted consecutive terms of imprisonment shall be deemed to be only one (1) conviction, unless one (1) of the convictions was for an offense committed while that person was imprisoned.

(5) A person who is found to be a persistent felony offender in the second degree shall be sentenced to an indeterminate term of imprisonment pursuant to the sentencing provisions of KRS 532.060(2) for the next highest degree than the offense for which convicted. A person who is found to be a persistent felony offender in the second degree shall not be eligible for probation, shock probation, or conditional discharge, unless all offenses for which the person stands convicted are Class D felony offenses which do not involve a violent act against a person, in which case probation, shock probation, or conditional discharge may be granted. A violent offender who is found to be a persistent felony offender in the second degree shall not be eligible for parole except as provided in KRS 439.3401.

(6) A person who is found to be a persistent felony offender in the first degree shall be sentenced to imprisonment as follows:

(a) If the offense for which he presently stands convicted is a Class A or Class B felony, or if the person was previously convicted of one (1) or more sex crimes committed against a minor as defined in KRS 17.500 and presently stands convicted of a subsequent sex crime, a persistent felony offender in the first degree shall be sentenced to an indeterminate term of imprisonment, the maximum of which shall not be less than twenty (20) years nor more than fifty (50) years, or life imprisonment, or life imprisonment without parole for twenty-five (25) years for a sex crime committed against a minor;

(b) If the offense for which he presently stands convicted is a Class C or Class D felony, a persistent felony offender in the first degree shall be sentenced to an indeterminate term of imprisonment, the maximum of which shall not be less than ten (10) years nor more than twenty (20) years.

(7) A person who is found to be a persistent felony offender in the first degree shall not be eligible for probation, shock probation, or conditional discharge, unless all offenses for which the person stands convicted are Class D felony offenses which do not involve a violent act against a person or a sex crime as that term is defined in KRS 17.500, in which case, probation, shock probation, or conditional discharge may be granted. If the offense the person presently stands convicted of is a Class A, B, or C felony, the person shall not be eligible for parole until the person has served a minimum term of incarceration of not less than ten (10) years, unless another sentencing scheme applies. A violent offender who is found to be a persistent felony offender in the first degree shall not be eligible for parole except as provided in KRS 439.3401.

(8) A conviction, plea of guilty, or Alford plea under KRS 218A.1415 shall not trigger the application of this section, regardless of the number or type of prior felony convictions that may have been entered against the defendant. A conviction, plea of guilty, or Alford plea under KRS 218A.1415 may be used as a prior felony offense allowing this section to be applied if he or she is subsequently convicted of a different felony offense.

(9) The provisions of this section amended by 1994 Ky. Acts ch. 396, sec. 11, shall be retroactive.

(10) (a) Except as provided in paragraph (b) of this subsection, this section shall not apply to a person convicted of a criminal offense if the penalty for that offense was increased from a misdemeanor to a felony, or from a lower felony classification to a higher felony classification, because the conviction constituted a second or subsequent violation of that offense.

(b) This subsection shall not prohibit the application of this section to a person convicted of:

1. A felony offense arising out of KRS 189A.010, 189A.090, 506.140, 508.032, 508.140, or 510.015; or

2. Any other felony offense if the penalty was not enhanced to a higher level because the Commonwealth elected to prosecute the person as a first-time violator of that offense.

CREDIT(S)

HISTORY: 2012 c 156, § 19, eff. 7-12-12; 2011 c 2, § 26, eff. 6-8-11; 2006 c 182, § 45, eff. 7-12-06; 1998 c 606, § 76, eff. 7-15-98; 1996 c 247, § 1, eff. 4-4-96; 1994 c 396, § 11, eff. 7-15-94; 1982 c 241, eff. 7-15-82; 1978 c 78, § 6; 1976 ex s, c 14, § 474; 1976 c 180, § 1; 1974 c 406, § 280

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.090

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.090 Sentence of imprisonment for misdemeanor

A sentence of imprisonment for a misdemeanor shall be a definite term and shall be fixed within the following maximum limitations:

(1) For a Class A misdemeanor, the term shall not exceed twelve (12) months; and

(2) For a Class B misdemeanor, the term shall not exceed ninety (90) days.

CREDIT(S)

HISTORY: 1974 c 406, § 281, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.100

Effective: June 8, 2011

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.100 Place of imprisonment; commitment when death sentence imposed; incarceration of certain Class C and D felons and felons convicted of sex crimes

(1) When an indeterminate term of imprisonment is imposed, the court shall commit the defendant to the custody of the Department of Corrections for the term of his sentence and until released in accordance with the law.

(2) When a definite term of imprisonment is imposed, the court shall commit the defendant to the county or city correctional institution or to a regional correctional institution for the term of his sentence and until released in accordance with the law.

(3) When a sentence of death is imposed, the court shall commit the defendant to the custody of the Department of Corrections with directions that the sentence be carried out according to law.

(4) (a) The provisions of KRS 500.080(5) notwithstanding, if a Class D felon is sentenced to an indeterminate term of imprisonment of five (5) years or less, he shall serve that term in a county jail in a county in which the fiscal court has agreed to house state prisoners; except that, when an indeterminate sentence of two (2) years or more is imposed on a Class D felon convicted of a sexual offense enumerated in KRS 197.410(1), or a crime under KRS 17.510(11) or (12), the sentence shall be served in a state institution. Counties choosing not to comply with the provisions of this paragraph shall be granted a waiver by the commissioner of the Department of Corrections.

(b) The provisions of KRS 500.080(5) notwithstanding, a Class D felon who received a sentence of more than five (5) years for nonviolent, nonsexual offenses, but who currently has less than five (5) years remaining to be served, may serve the remainder of his or her term in a county jail in a county in which the fiscal court has agreed to house state prisoners.

(c) 1. The provisions of KRS 500.080(5) notwithstanding, and except as provided in subparagraph 2. of this paragraph, a Class C or D felon with a sentence of more than five (5) years who is classified by the Department of Corrections as community custody shall serve that term in a county jail in a county in which the fiscal court has agreed to house state prisoners if:

a. Beds are available in the county jail;

b. State facilities are at capacity; and

c. Halfway house beds are being utilized at the contract level as of July 15, 2000.

2. When an indeterminate sentence of two (2) years or more is imposed on a felon convicted of a sex crime, as defined in KRS 17.500, or any similar offense in another jurisdiction, the sentence shall be served in a state institution.

3. Counties choosing not to comply with the provisions of this paragraph shall be granted a waiver by the commissioner of the Department of Corrections.

(d) Any jail that houses state inmates under this subsection shall offer programs as recommended by the Jail Standards Commission. The Department of Corrections shall adopt the recommendations of the Jail Standards Commission and promulgate administrative regulations establishing required programs for a jail that houses state inmates under this subsection.

(5) The jailer of a county in which a Class D felon or a Class C felon is incarcerated may request the commissioner of the Department of Corrections to incarcerate the felon in a state corrections institution if the jailer has reasons to believe that the felon is an escape risk, a danger to himself or other inmates, an extreme security risk, or needs protective custody beyond that which can be provided in a county jail. The commissioner of the Department of Corrections shall evaluate the request and transfer the inmate if he deems it necessary. If the commissioner refuses to accept the felon inmate, and the Circuit Judge of the county that has jurisdiction of the offense charged is of the opinion that the felon cannot be safely kept in a county jail, the Circuit Judge, with the consent of the Governor, may order the felon transferred to the custody of the Department of Corrections.

(6) Class D felons and Class C felons serving their time in a local jail shall be considered state prisoners, and the Department of Corrections shall pay the jail in which the prisoner is incarcerated a per diem amount determined according to KRS 431.215(2). For other state prisoners and parole violator prisoners, the per diem payments shall also begin on the date prescribed in KRS 431.215(2).

(7) State prisoners, excluding the Class D felons and Class C felons qualifying to serve time in county jails, shall be transferred to the state institution within forty-five (45) days of final sentencing.

CREDIT(S)

HISTORY: 2011 c 2, § 40, eff. 6-8-11; 2006 c 182, § 46, eff. 7-12-06; 2000 c 384, § 3, eff. 7-14-00; 2000 c 401, § 36, eff. 4-11-00; 1996 c 108, § 7, eff. 7-15-96; 1992 c 262, § 8, c 211, § 134, eff. 7-14-92; 1986 c 331, § 58; 1976 ex s, c 15, § 5; 1974 c 406, § 282

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.110

Effective: July 12, 2006

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.110 Concurrent and consecutive terms of imprisonment

(1) When multiple sentences of imprisonment are imposed on a defendant for more than one (1) crime, including a crime for which a previous sentence of probation or conditional discharge has been revoked, the multiple sentences shall run concurrently or consecutively as the court shall determine at the time of sentence, except that:

(a) A definite and an indeterminate term shall run concurrently and both sentences shall be satisfied by service of the indeterminate term;

(b) The aggregate of consecutive definite terms shall not exceed one (1) year;

(c) The aggregate of consecutive indeterminate terms shall not exceed in maximum length the longest extended term which would be authorized by KRS 532.080 for the highest class of crime for which any of the sentences is imposed. In no event shall the aggregate of consecutive indeterminate terms exceed seventy (70) years; and

(d) The sentences of a defendant convicted of two (2) or more felony sex crimes, as defined in KRS 17.500, involving two (2) or more victims shall run consecutively.

(2) If the court does not specify the manner in which a sentence imposed by it is to run, the sentence shall run concurrently with any other sentence which the defendant must serve unless the sentence is required by subsection (3) of this section or KRS 533.060 to run consecutively.

(3) Notwithstanding any provision in this section to the contrary, if a person is convicted of an offense that is committed while he is imprisoned in a penal or reformatory institution, during an escape from imprisonment, or while he awaits imprisonment, the sentence imposed for that offense may be added to the portion of the term which remained unserved at the time of the commission of the offense. The sentence imposed upon any person convicted of an escape or attempted escape offense shall run consecutively with any other sentence which the defendant must serve.

(4) Notwithstanding any provision in this chapter to the contrary, if a person is convicted of an offense that is committed while he is imprisoned in a penal or reformatory institution, the sentence imposed for that offense may, upon order of the trial court, be served in that institution. The person may be transferred to another institution pursuant to administrative regulations of the Department of Corrections.

CREDIT(S)

HISTORY: 2006 c 182, § 47, eff. 7-12-06; 2002 c 11, § 5, eff. 7-15-02; 1998 c 606, § 114, eff. 7-15-98; 1992 c 211, § 135, eff. 7-14-92; 1986 c 331, § 59; 1982 c 405, § 3; 1974 c 406, § 283

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.115

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.115 Concurrent sentencing with federal sentencing or another state's felony sentencing

The court in sentencing a person convicted of a felony, shall be authorized to run the sentence concurrent with any federal sentence received by that defendant for a federal crime and any sentence received by that defendant in another state for a felony offense. The time spent in federal custody and the time spent in custody in another state under the concurrent sentencing shall count as time spent in state custody; but the federal custody and custody in another state shall not include time spent on probation or parole or constraint incidental to release on bail. If the court does not specify that its sentence is to run concurrent with a specific federal sentence or sentence of another state, the sentence shall not run concurrent with any federal sentence or sentence of another state.

CREDIT(S)

HISTORY: 1992 c 445, § 13, eff. 7-14-92; 1978 c 78, § 8

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.120

Effective: July 12, 2012

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.120 Calculation of terms of imprisonment; inmate’s right to challenge Department of Corrections

(1) An indeterminate sentence of imprisonment commences when the prisoner is received in an institution under the jurisdiction of the Department of Corrections. When a person is under more than one (1) indeterminate sentence, the sentences shall be calculated as follows:

(a) If the sentences run concurrently, the maximum terms merge in and are satisfied by discharge of the term which has the longest unexpired time to run; or

(b) If the sentences run consecutively, the maximum terms are added to arrive at an aggregate maximum term equal to the sum of all the maximum terms.

(2) A definite sentence of imprisonment commences when the prisoner is received in the institution named in the commitment. When a person is under more than one (1) definite sentence, the sentences shall be calculated as follows:

(a) If the sentences run concurrently, the terms merge in and are satisfied by discharge of the term which has the longest unexpired time to run; or

(b) If the sentences run consecutively, the terms are added to arrive at an aggregate term and are satisfied by discharge of the aggregate term.

(3) Time spent in custody prior to the commencement of a sentence as a result of the charge that culminated in the sentence shall be credited by the Department of Corrections toward service of the maximum term of imprisonment in cases involving a felony sentence and by the sentencing court in all other cases. If the sentence is to an indeterminate term of imprisonment, the time spent in custody prior to the commencement of the sentence shall be considered for all purposes as time served in prison.

(4) If a person has been in custody due to a charge that culminated in a dismissal, acquittal, or other disposition not amounting to a conviction, the amount of time that would have been credited under subsection (3) of this section if the defendant had been convicted of that charge shall be credited as provided in subsection (3) of this section against any sentence based on a charge for which a warrant or commitment was lodged during the pendency of that custody.

(5) If a person serving a sentence of imprisonment escapes from custody, the escape shall interrupt the sentence. The interruption shall continue until the person is returned to the institution from which he escaped or to an institution administered by the Department of Corrections. Time spent in actual custody prior to return under this subsection shall be credited against the sentence if custody rested solely on an arrest or surrender for the escape itself.

(6) As used in subsections (3) and (4) of this section, time spent in custody shall include time spent in the intensive secured substance abuse recovery program developed under KRS 196.285 and may include, at the discretion of the sentencing court, time spent in a different residential substance abuse treatment or recovery facility pursuant to KRS 431.518 or 533.251, if under each option allowed by this subsection, the person has successfully completed the program offered by the intensive secured substance abuse recovery program or the residential substance abuse treatment or recovery facility. If the defendant fails to complete a program, the court may still award full or partial sentence credit if the defendant demonstrates that good cause existed for the failure to complete the program.

(7) As used in subsections (3) and (4) of this section, time spent in custody shall include time spent in pretrial home incarceration pursuant to KRS 431.517, subject to the conditions imposed by KRS 532.245.

(8) In lieu of an award by the Department of Corrections in felony cases, if a presentence report indicates that a defendant has accumulated sufficient sentencing credits under this section to allow for an immediate discharge from confinement upon pronouncement of sentence, the court may confirm the amount of the credit and award the credit at pronouncement.

(9) An inmate may challenge a failure of the Department of Corrections to award a sentencing credit under this section or the amount of credit awarded by motion made in the sentencing court no later than thirty (30) days after the inmate has exhausted his or her administrative remedies.

CREDIT(S)

HISTORY: 2012 c 156, § 25, eff. 7-12-12; 2011 c 2, § 98, eff. 6-8-11; 2009 c 96, § 6, eff. 3-24-09; 1992 c 211, § 136, eff. 7-14-92; 1986 c 331, § 60; 1974 c 406, § 284

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.130

Effective: July 12, 2012

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.130 Definitions for KRS 532.135 and 532.140

(1) An adult, or a minor under eighteen (18) years of age who may be tried as an adult, convicted of a crime and subject to sentencing, is referred to in KRS 532.135 and 532.140 as a defendant.

(2) A defendant with significant subaverage intellectual functioning existing concurrently with substantial deficits in adaptive behavior and manifested during the developmental period is referred to in KRS 532.135 and 532.140 as a defendant with a serious intellectual disability. “Significantly subaverage general intellectual functioning” is defined as an intelligence quotient (I.Q.) of seventy (70) or below.

CREDIT(S)

HISTORY: 2012 c 146, § 133, eff. 7-12-12; 1990 c 488, § 1, eff. 7-13-90

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.135

Effective: July 12, 2012

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.135 Determination by court that defendant has a serious intellectual disability

(1) At least thirty (30) days before trial, the defendant shall file a motion with the trial court wherein the defendant may allege that he is a defendant with a serious intellectual disability and present evidence with regard thereto. The Commonwealth may offer evidence in rebuttal.

(2) At least ten (10) days before the beginning of the trial, the court shall determine whether or not the defendant is a defendant with a serious intellectual disability in accordance with the definition in KRS 532.130.

(3) The decision of the court shall be placed in the record.

(4) The pretrial determination of the trial court shall not preclude the defendant from raising any legal defense during the trial. If it is determined the defendant is an offender with a serious intellectual disability, he shall be sentenced as provided in KRS 532.140.

CREDIT(S)

HISTORY: 2012 c 146, § 134, eff. 7-12-12; 1990 c 488, § 2, eff. 7-13-90

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.140

Effective: July 12, 2012

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.140 Offender with a serious intellectual disability not subject to execution; authorized sentences

(1) KRS 532.010, 532.025, and 532.030 to the contrary notwithstanding, no offender who has been determined to be an offender with a serious intellectual disability under the provisions of KRS 532.135, shall be subject to execution. The same procedure as required in KRS 532.025 and 532.030 shall be utilized in determining the sentence of the offender with a serious intellectual disability under the provisions of KRS 532.135 and 532.140.

(2) The provisions of KRS 532.135 and 532.140 do not preclude the sentencing of an offender with a serious intellectual disability to any other sentence authorized by KRS 532.010, 532.025, or 532.030 for a crime which is a capital offense.

(3) The provisions of KRS 532.135 and 532.140 shall apply only to trials commenced after July 13, 1990.

CREDIT(S)

HISTORY: 2012 c 146, § 135, eff. 7-12-12; 1990 c 488, § 3, eff. 7-13-90

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.160

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.160 Criminal garnishment

(1) If a convicted person is unable to pay all court costs, fees, fines, and other monetary penalties at the time of sentencing, then the sentencing court may, consistent with KRS 23A.205, 24A.175, 534.020, and KRS 534.060, issue a criminal garnishment order for all fines under KRS Chapter 534 or KRS 346.185 and for court costs, restitution, and reimbursement charges in this chapter.

(2) A criminal garnishment applies to any of the following:

(a) A convicted person's earnings as defined in KRS 427.005;

(b) Indebtedness that is owed to a convicted person by a garnishee for amounts that are not earnings;

(d) The convicted person's personal property that is in the possession of a garnishee; or

(e) If the garnishee is a corporation, shares or securities of a corporation or a proprietary interest in a corporation that belongs to a convicted person.

(3) The debt associated with a criminal garnishment shall constitute a charge against the estate of any decedent owing moneys under this chapter.

(4) The sentencing court shall combine all fines, court costs, restitution, and reimbursement charges in a single order of garnishment.

(5) The sentencing court shall require payment of restitution to the victim of the offense before payments of any moneys to the government or a government agency.

(6) The court shall order payments made under this section to be paid by the defendant directly to the person or organization specified by written order of the court. The court shall not order payments of an order of criminal garnishment to be made through the circuit clerk, except for those payments due from a person under the supervision of the Department of Corrections.

CREDIT(S)

HISTORY: 2002 c 183, § 31, eff. 8-1-02; 1998 c 606, § 172, eff. 7-15-98

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.162

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.162 Order as lien upon earnings; circuit clerk to disburse; fee

(1) If the criminal garnishment is made upon the convicted person's earnings, the order of garnishment shall be a lien upon the earnings from the date of service on the garnishee until an order discontinuing the lien is entered. A convicted person may challenge the garnishment by filing a challenge to the garnishment with the sentencing court. The challenge shall be heard within ten (10) days of its filing or the nearest court date thereafter. Before the hearing, garnishment shall continue. Any moneys which the court determines were improperly garnished shall be repaid to the garnishee not later than thirty (30) days after the determination.

(2) The circuit clerk's office shall disburse all collected reimbursement, restitution, and fees to the victim or the local government, whichever is appropriate. The clerk shall be entitled to collect a fee of two dollars and fifty cents ($2.50) from each account for which a disbursement is made at the time of disbursement. In the event of challenge to a garnishment, the appropriate clerk's office shall not disburse those sums associated with the challenged garnishment until determination by the sentencing court regarding the propriety of the garnishment.

CREDIT(S)

HISTORY: 1998 c 606, § 173, eff. 7-15-98

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.164

Effective: January 1, 2007

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.164 Lien on real property

(1) Any convicted person owing fines, court costs, restitution, or reimbursement before or after his release from incarceration shall be subject to a lien upon his interest, present or future, in any real property.

(2) The real property lien shall be filed in the circuit clerk's office of the county in which the person was convicted and shall also be filed by the Commonwealth in any county in which the convicted person is known to own property or reside.

(3) The lien may be foreclosed upon in the manner prescribed in KRS Chapter 426 and shall remain valid until satisfied. The lien shall constitute a charge against the estate of any decedent owing moneys under this chapter.

(4) The attorney for the Commonwealth, and not the crime victim, shall prepare and file lien documents for moneys to be restored to the crime victim. The manner of filing, recording, and releasing the lien shall be consistent with the provisions of KRS Chapter 376.

(5) The attorney for the Commonwealth shall pay to the county clerk a fee pursuant to KRS 64.012 for filing the lien and subsequent release, which shall be assessed as court costs for the filing of any lien upon real estate. The attorney for the Commonwealth shall notify the appropriate county clerk that the lien has been satisfied within ten (10) days of satisfaction.

(6) A lien under this section shall bear interest at the same rate as for a civil judgment unless the court orders that interest not be awarded. In considering whether interest shall be awarded, the court shall consider the following factors, among others:

(a) The defendant's ability to pay the amount of the interest;

(b) The hardship likely to be imposed on the defendant's dependents by paying the amount of the interest and the time and method of paying it;

(c) The impact that the amount of the interest will have on the defendant's ability to make reparation or restitution to the victim; and

(d) The amount of the defendant's gain, if any, derived from the commission of the offense.

CREDIT(S)

HISTORY: 2006 c 255, § 35, eff. 1-1-07; 1998 c 606, § 174, eff. 7-15-98

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.166

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.166 Transfer of property from garnishee

(1) If the garnishee holds property or moneys of the defendant, the garnishee shall immediately transfer the property or moneys to the person or official named in the garnishment.

(2) If the garnishee holds personal property or stock of the defendant, the court shall hold the personal property or stock of the defendant pending an order of the court.

(3) The party who obtains the garnishment shall deliver by personal service or by first class mail a copy of the order to the garnishee and to the defendant.

(4) A bank deposit in the name of two (2) or more persons, one (1) of whom is the convicted person, is subject to garnishment.

CREDIT(S)

HISTORY: 1998 c 606, § 175, eff. 7-15-98

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.168

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.168 Show cause hearing for failure to comply with criminal garnishment order

If a garnishee fails to comply with the terms of the order of criminal garnishment within thirty (30) days after its issuance, the attorney for the Commonwealth may move the court to order the garnishee to show cause why he should not be held in contempt. If the court finds that the failure was willful or grossly negligent, the court shall find the garnishee in contempt and shall award reasonable attorney's fees and costs, in addition to any contempt sanction it imposes.

CREDIT(S)

HISTORY: 1998 c 606, § 176, eff. 7-15-98

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.200

Effective: July 15, 2010

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.200 Definitions for KRS 532.210 to 532.250

As used in KRS 532.210 to 532.250, unless the context otherwise requires:

(1) “Home” means the temporary or permanent residence of a defendant consisting of the actual living area. If more than one (1) residence or family is located on a single piece of property, “home” does not include the residence of any other person who is not part of the social unit formed by the defendant's immediate family. A hospital, nursing care facility, hospice, half-way house, group home, residential treatment facility, or boarding house may serve as a “home” under this section;

(2) “Home incarceration” means the use of a monitoring device approved by the commissioner of the Department of Corrections to facilitate a prisoner's ability to maintain gainful employment or to participate in programs approved as a condition of his or her incarceration, or both, using the person's home for purposes of confinement;

(3) “Violent felony offense” means an offense defined in KRS 507.020 (murder), 507.030 (manslaughter in the first degree), 508.010 (assault in the first degree), 508.020 (assault in the second degree), 509.040 (kidnapping), 510.040 (rape in the first degree), 510.070 (sodomy in the first degree), 510.110 (sexual abuse in the first degree), 511.020 (burglary in the first degree), 513.020 (arson in the first degree), 513.030 (arson in the second degree), 513.040 (arson in the third degree), 515.020 (robbery in the first degree), 515.030 (robbery in the second degree), 520.020 (escape in the first degree), any criminal attempt to commit the offense (KRS 506.010), or conviction as a persistent felony offender (KRS 532.080) when the offender has a felony conviction for any of the above-listed offenses within the five (5) year period preceding the date of the latest conviction;

(4) “Terminal illness” means a medically recognized disease for which the prognosis is death within six (6) months to a reasonable degree of medical certainty; and

(5) “Approved monitoring device” means an electronic device or apparatus which is capable of recording, tracking, or transmitting information as to the prisoner's location or verifying the prisoner's presence or non-presence in the home, or both. The devices shall be minimally intrusive. Devices shall not be used without the prisoner's knowledge to record or transmit:

(a) Visual images other than the defendant's face;

(b) Oral or wire communications or any auditory sound other than the defendant's voice; or

CREDIT(S)

HISTORY: 2010 c 107, § 10, eff. 7-15-10

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.210

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.210 Petition; study of record; order

(1) Any misdemeanant or a felon who has not been convicted of, pled guilty to, or entered an Alford plea to a violent felony offense may petition the sentencing court for an order directing that all or a portion of a sentence of imprisonment in the county jail be served under conditions of home incarceration. Such petitions may be considered and ruled upon by the sentencing court prior to and throughout the term of the defendant's sentence.

(2) The sentencing judge shall study the record of all persons petitioning for home incarceration and, in his discretion, may:

(a) Cause additional background or character information to be collected or reduced to writing by the county jailer or misdemeanor supervision department;

(b) Conduct hearings on the desirability of granting home incarceration;

(d) Order that all or a portion of a sentence of imprisonment in the county jail be served under conditions of home incarceration at whatever time or intervals, consecutive or nonconsecutive, as the court shall determine. The time actually spent in home incarceration pursuant to this provision shall not exceed six (6) months or the maximum term of imprisonment assessed pursuant to this chapter whichever is the shorter;

(e) Issue warrants for persons when there is reason to believe they have violated the conditions of home incarceration, conduct hearings on such matters, and order reimprisonment in the county jail upon proof of violation; and

(f) Grant final discharge from incarceration.

(3) All home incarcerees shall execute a written agreement with the court setting forth all of the conditions of home incarceration. The order of home incarceration shall incorporate that agreement and order compliance with its terms. The order and agreement shall be transmitted to the supervising authority and to the appropriate jail official.

(4) Time spent in home incarceration under this subsection shall be credited against the maximum term of imprisonment assessed for the defendant pursuant to this chapter.

(5) Home incarcerees shall be under the supervision of the county jailer except in counties establishing misdemeanor supervision departments, wherein they shall be under the supervision of such departments. Home incarcerees shall be subject to the decisions of such authorities during the period of supervision. Fees for supervision or equipment usage shall be paid directly to the supervising authority.

CREDIT(S)

HISTORY: 1998 c 606, § 81, eff. 7-15-98; 1986 c 243, § 2, eff. 7-15-86

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.220

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.220 Conditions of home incarceration

The conditions of home incarceration shall include the following:

(1) The home incarceree shall be confined to his home at all times except when:

(a) Working at approved employment or traveling directly to and from such employment;

(b) Seeking employment;

(c) Undergoing available medical, psychiatric, or mental health treatment or approved counseling and after care programs;

(d) Attending an approved educational institution or program;

(e) Attending a regularly scheduled religious service at a place of worship; and

(f) Participating in an approved community work service program;

(2) Violation of subsection (1) of this section may subject the home incarceree to prosecution under KRS 520.030 (escape);

(3) The home incarceree shall conform to a schedule prepared by a designated officer of the supervising authority specifically setting forth the times when he may be absent from the home and the locations where he may be during those times;

(4) The home incarceree shall not commit another offense during the period of time for which he is subject to the conditions of home incarceration;

(5) The home incarceree shall not change the place of home incarceration or the schedule without prior approval of the supervising authority;

(6) The home incarceree shall maintain a telephone or other approved monitoring device in the home or on his person at all times;

(7) Any other reasonable conditions set by the court or the supervising authority including:

(a) Restitution under KRS 533.030;

(b) Supervision fees under KRS 439.315; and

(8) A written and notarized consent agreement shall be filed with the court by every adult who will share the offender's home during the term of home incarceration; and

(9) Any supervision fee or other monetary condition, except restitution, shall be paid by the defendant directly to the person or organization specified by the court in a written order, except that any such fees or monetary conditions owed to the Department of Corrections shall be paid through the circuit clerk.

CREDIT(S)

HISTORY: 2002 c 183, § 32, eff. 8-1-02; 1986 c 243, § 3, eff. 7-15-86

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.230

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.230 Ineligibility

No person being held under a detainer, warrant, or process issued by some other jurisdiction shall be eligible for home incarceration. No person convicted of a violent felony offense shall be eligible for home incarceration.

CREDIT(S)

HISTORY: 1986 c 243, § 4, eff. 7-15-86

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.240

Effective: June 8, 2011

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.240 Responsibilities of persons held in home incarceration

Any person serving his sentence under conditions of home incarceration shall be responsible for his food, housing, clothing, and medical care expenses, and shall be eligible for government benefits to the same extent as a person on probation, parole, postincarceration supervision, or conditional discharge.

CREDIT(S)

HISTORY: 2011 c 2, § 96, eff. 6-8-11; 1986 c 243, § 5, eff. 7-15-86

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.245

Effective: July 12, 2012

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.245 Credit for time spent in pretrial home incarceration

(1) Time spent in pretrial home incarceration pursuant to KRS 431. 517 shall be credited against the maximum term of imprisonment assessed to the defendant upon conviction. Time credited under this section shall be calculated in accordance with 532.120.

(2) Violation of the terms of pretrial home incarceration shall be deemed an interruption of the defendant's home incarceration. The interruption shall begin at the time of the violation and shall continue until a court revokes home incarceration or otherwise acts on the violation. Time spent in pretrial home incarceration prior to the violation shall be credited against the maximum term of imprisonment assessed to the defendant upon conviction for the original charge.

(3) This section shall apply to defendants sentenced on or after July 12, 2012.

CREDIT(S)

HISTORY: 2012 c 156, § 24, eff. 7-12-12

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.250

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.250 Monthly list of incarcerees provided to local law enforcement agencies

At least once every thirty (30) days, the supervising authority shall provide all local and county law enforcement agencies with a list of the offenders under home incarceration in their jurisdictions. This list shall include the following information:

(1) The prisoner's place of home incarceration;

(2) The crime for which the prisoner was convicted;

(3) The date that the sentence of home incarceration will be completed; and

(4) The name, address and phone number of the officer of the authority supervising the prisoner.

CREDIT(S)

HISTORY: 1986 c 243, § 6, eff. 7-15-86

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.260

Effective: June 8, 2011

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.260 Home incarceration or conditional release for certain Class C or Class D felons; eligibility; consequence of violation; administrative regulations

(1) Any Class C or Class D felon who is serving a sentence in a state-operated prison, contract facility, or county jail shall, at the discretion of the commissioner, be eligible to serve the remainder of his or her sentence outside the walls of the detention facility under terms of home incarceration or conditional release to an appropriate housing alternative specified by KRS 532.262 using an approved monitoring device as defined in KRS 532.200, if the felon:

(a) 1. Has not been convicted of, pled guilty to, or entered an Alford plea to a violent felony as defined by the Department of Corrections classification system; or

2. Has not been convicted of, pled guilty to, or entered an Alford plea to a sex crime as defined in KRS 17.500;

(b) Has nine (9) months or less to serve on his or her sentence;

1. Education;

2. Employment, technical, and vocational skills;

3. Housing, medical, and mental health needs; and

4. Criminal risk factors; and

(d) Has needs that may be adequately met in the community where he or she will reside upon release.

(2) A person who is placed under terms of home incarceration pursuant to subsection (1) of this section shall remain in the custody of the Department of Corrections. Any unauthorized departure from the terms of home incarceration may be prosecuted as an escape pursuant to KRS Chapter 520 and shall result in the person being returned to prison.

(3) The Department of Corrections shall promulgate administrative regulations to implement the provisions of this section.

CREDIT(S)

HISTORY: 2011 c 2, § 43, eff. 6-8-11; 2010 c 107, § 11, eff. 7-15-10; 2006 c 252, Part XXII, § 1, eff. 4-25-06; 2005 c 173, Part I, I.2.b.(1), § 1, eff. 3-20-05

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.262

Effective: June 8, 2011

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.262 Department to approve any acceptable housing for prisoners granted conditional release

When considering appropriate housing for a prisoner who is considered for or who is granted conditional release pursuant to KRS 532.260, the Department of Corrections shall approve any form of acceptable housing, including but not limited to apartments, shelters for the homeless or other persons, county jails or restricted custody facilities that a county approves for persons granted conditional release, educational institutions with dormitories if the releasee is enrolled or accepted for enrollment at an educational institution, halfway houses, residential treatment or other programs in which the releasee is enrolled or accepted for enrollment, and other forms of transitional housing meeting the requirements of applicable statutes.

CREDIT(S)

HISTORY: 2011 c 2, § 42, eff. 6-8-11

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.300

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.300 Prohibition against death sentence being sought or given on the basis of race; procedures for dealing with claims

(1) No person shall be subject to or given a sentence of death that was sought on the basis of race.

(2) A finding that race was the basis of the decision to seek a death sentence may be established if the court finds that race was a significant factor in decisions to seek the sentence of death in the Commonwealth at the time the death sentence was sought.

(3) Evidence relevant to establish a finding that race was the basis of the decision to seek a death sentence may include statistical evidence or other evidence, or both, that death sentences were sought significantly more frequently:

(a) Upon persons of one race than upon persons of another race; or

(b) As punishment for capital offenses against persons of one race than as punishment for capital offenses against persons of another race.

(4) The defendant shall state with particularity how the evidence supports a claim that racial considerations played a significant part in the decision to seek a death sentence in his or her case. The claim shall be raised by the defendant at the pre-trial conference. The court shall schedule a hearing on the claim and shall prescribe a time for the submission of evidence by both parties. If the court finds that race was the basis of the decision to seek the death sentence, the court shall order that a death sentence shall not be sought.

(5) The defendant has the burden of proving by clear and convincing evidence that race was the basis of the decision to seek the death penalty. The Commonwealth may offer evidence in rebuttal of the claims or evidence of the defendant.

CREDIT(S)

HISTORY: 1998 c 252, § 1, eff. 7-15-98

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.305

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.305 Application of KRS 532.300

KRS 532.300 shall not apply to sentences imposed prior to July 15, 1998.

CREDIT(S)

HISTORY: 1998 c 252, § 2, eff. 7-15-98

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.309

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.309 Short title for KRS 532.300 to 532.309

KRS 532.300 to 532.309 shall be cited as the Kentucky Racial Justice Act.

CREDIT(S)

HISTORY: 1998 c 252, § 3, eff. 7-15-98

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.350

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.350 Definitions for chapter

As used in this chapter:

(1) (a) “Restitution” means any form of compensation paid by a convicted person to a victim for counseling, medical expenses, lost wages due to injury, or property damage and other expenses suffered by a victim because of a criminal act;

(b) “Reimbursement” means payment of expenses associated with incarceration, including but not limited to medical expenses, food, and lodging;

(c) “Sinking fund” means the fund created and used by local governments to provide maintenance of jail facilities and capital construction; improvement of law enforcement, jail, and judicial facilities; and other long-term expenditures associated with those areas; and

(d) “Local government” means any county, urban-county, or charter county government.

(2) Definitions in KRS 441.005 apply to this chapter.

CREDIT(S)

HISTORY: 1998 c 606, § 177, eff. 7-15-98

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.352

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.352 Reimbursement for costs of incarceration

(1) The sentencing court may order a person who is sentenced to a term of incarceration for any nonstatus juvenile offense, moving traffic violation, criminal violation, misdemeanor, or Class D felony offense to reimburse the state or local government for the costs of his incarceration. The reimbursements paid under this subsection shall be credited to the local government sinking fund.

(2) The sentencing court shall determine the amount of incarceration costs to be paid based on the following factors:

(a) The actual per diem, per person, cost of incarceration;

(b) The cost of medical services provided to a prisoner less any copayment paid by the prisoner; and

(3) Reimbursement of incarceration costs shall be paid by the defendant directly to the jailer in the amount specified by written order of the court. Incarceration costs owed to the Department of Corrections shall be paid through the circuit clerk.

CREDIT(S)

HISTORY: 2002 c 183, § 33, eff. 8-1-02; 1998 c 606, § 178, eff. 7-15-98

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.354

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.354 Copayment for medical treatment

(1) A local government may require prisoners to make a reasonable copayment in advance of medical treatment received through a regional jail facility. No prisoner shall be denied medical treatment by reason of indigency, but a prisoner may be required to pay for medical treatment as part of any reimbursement order entered by the sentencing court.

(2) Any copayment shall be collected by the jailer or his designee and, after it is properly accounted for, shall be paid to the appropriate local government authority.

CREDIT(S)

HISTORY: 1998 c 606, § 179, eff. 7-15-98

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.356

Effective: July 15, 2010

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.356 Reimbursement and restitution as additional sanctions; ineligibility to operate motor vehicle upon conviction of certain theft, fraud, and organized crime offenses

(1) Upon a person's conviction and sentencing for any nonstatus juvenile offense, moving traffic violation, criminal violation, misdemeanor, or Class D felony offense, and, for the purposes of paragraph (b) of this subsection, any Class C felony offense listed in subsection (3) of this section, the court shall impose the following sanctions in addition to any imprisonment, fine, court cost, or community service:

(a) Reimbursement to the state or local government for the person's incarceration, determined by the per person, per diem, expenses of each prisoner incarcerated by the respective local government, times the number of days he has spent or shall spend in confinement, plus any medical services received by the prisoner, less copayments paid by the prisoner. The convicted person's ability to pay all or part of the reimbursement shall be considered by the sentencing court in imposing the sanction; and

(b) Restitution to the crime victim as set out in KRS 439.563, 532.032, and 532.033.

(2) In addition to any other penalty allowed by law, a court may declare the defendant ineligible to operate a motor vehicle for a period of up to sixty (60) days where the defendant is being sentenced for a conviction of KRS 514.030 involving the theft of gasoline or special fuels from a retail establishment and the defendant has been previously convicted of KRS 514.030 for a theft of gasoline or special fuels from a retail establishment. A retail establishment may post a sign at the location where the fuel is dispensed apprising the public of the sanctions available under this subsection.

(3) (a) In addition to any other penalty allowed by law, a court may declare the defendant ineligible to operate a motor vehicle for the period of time that any amount of restitution ordered under this section remains unpaid, where the restitution is imposed as the result of the commission of the following offenses:

1. KRS 434.650;

2. KRS 434.655;

3. KRS 434.660;

4. KRS 434.670;

5. KRS 434.690;

6. KRS 514.030;

7. KRS 514.040;

8. KRS 514.050;

9. KRS 514.060;

10. KRS 514.070;

11. KRS 514.080;

12. KRS 514.090;

13. KRS 514.110;

14. KRS 514.120; or

15. KRS 506.120.

(b) Upon motion by the defendant with proper notice to the office of the attorney who represented the Commonwealth at sentencing, the court may authorize the defendant to obtain the hardship license authorized under KRS Chapter 189A. The defendant shall be subject to the same operating restrictions and penalties for noncompliance as are set out for a hardship license in that chapter. The court may waive compliance with provisions of KRS Chapter 189A relating to alcohol treatment, waiting periods, and ignition interlock installation for the purpose of authorizing issuance of a hardship license under this section.

(4) Sanctions imposed by the sentencing court shall become a judgment of the court. Reimbursement of incarceration costs shall be paid by the defendant directly to the jailer in the amount specified by written order of the court. Incarceration costs owed to the Department of Corrections shall be paid through the circuit clerk.

CREDIT(S)

HISTORY: 2010 c 38, § 1, eff. 7-15-10; 2009 c 106, § 16, eff. 6-25-09; 2002 c 183, § 34, eff. 8-1-02; 2001 c 139, § 2, eff. 6-21-01; 1998 c 606, § 180, eff. 7-15-98

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.358

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

532.358 Prisoner to pay reimbursement and restitution

Any prisoner who has completed his sentence in a county or regional jail or under condition of home incarceration shall, from the day incarceration ceases and within the time and amount designated by the sentencing court, pay restitution to his victim and reimbursement for his incarceration to the state or local government and his or her home incarceration fees, in addition to any other monetary and community service sanctions imposed by the sentencing court. The sentencing court may use its contempt sanctions to enforce its orders.

CREDIT(S)

HISTORY: 2000 c 489, § 1, eff. 7-14-00; 1998 c 606, § 181, eff. 7-15-98

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 532.400

Effective: June 8, 2011

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 532. Classification and Designation of Offenses; Authorized Disposition (Refs & Annos)

Postincarceration Supervision

532.400 Postincarceration supervision; violation; exclusions

(1) In addition to the penalties authorized by law, any person who:

(a) Is convicted of a capital offense or a Class A felony;

(b) Has a maximum or close security classification as defined by administrative regulations promulgated by the department; or

shall be subject to a period of postincarceration supervision following release from incarceration upon expiration of sentence or completion of parole.

(2) The period of postincarceration supervision shall be one (1) year.

(3) During the period of postincarceration supervision, the defendant shall:

(a) Be subject to all orders specified by the Department of Corrections; and

(b) Comply with all education, treatment, testing, or combination thereof required by the Department of Corrections.

(4) Persons under postincarceration supervision pursuant to this section shall be subject to the supervision of the Division of Probation and Parole and under the authority of the Parole Board.

(6) The provisions of this section shall not apply to a person who is subject to the provisions of KRS 532.043.

(7) The provisions of this section shall apply only to persons convicted, pleading guilty, or entering an Alford plea for an offense committed after June 8, 2011.

CREDIT(S)

HISTORY: 2011 c 2, § 35, eff. 6-8-11

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS T. L, Ch. 533, Refs & Annos

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 533. Probation and Conditional Discharge

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 533.010

Effective: June 8, 2011

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 533. Probation and Conditional Discharge (Refs & Annos)

533.010 Criteria for utilizing chapter; alternative sentences; monitoring by private agency; work release

(1) Any person who has been convicted of a crime and who has not been sentenced to death may be sentenced to probation, probation with an alternative sentencing plan, or conditional discharge as provided in this chapter.

(2) Before imposition of a sentence of imprisonment, the court shall consider probation, probation with an alternative sentencing plan, or conditional discharge. Unless the defendant is a violent felon as defined in KRS 439.3401 or a statute prohibits probation, shock probation, or conditional discharge, after due consideration of the defendant's risk and needs assessment, nature and circumstances of the crime, and the history, character, and condition of the defendant, probation or conditional discharge shall be granted, unless the court is of the opinion that imprisonment is necessary for protection of the public because:

(a) There is substantial risk that during a period of probation or conditional discharge the defendant will commit another crime;

(b) The defendant is in need of correctional treatment that can be provided most effectively by his commitment to a correctional institution; or

(3) In the event the court determines that probation is not appropriate after due consideration of the defendant's risk and needs assessment, nature and circumstances of the crime, and the history, character, and condition of the defendant, probation with an alternative sentencing plan shall be granted unless the court is of the opinion that imprisonment is necessary for the protection of the public because:

(a) There is a likelihood that during a period of probation with an alternative sentencing plan or conditional discharge the defendant will commit a Class D or Class C felony or a substantial risk that the defendant will commit a Class B or Class A felony;

(b) The defendant is in need of correctional treatment that can be provided most effectively by commitment to a correctional institution; or

(4) The court shall not determine that there is a likelihood that the defendant will commit a Class C or Class D felony based upon the defendant's risk and needs assessment and the fact that:

(a) The defendant has never been convicted of, pled guilty to, or entered an Alford plea to a felony offense;

(b) If convicted of, having pled guilty to, or entered an Alford plea to a felony offense, the defendant successfully completed probation more than ten (10) years immediately prior to the date of the commission of the felony for which the defendant is now being sentenced and has had no intervening convictions, pleas of guilty, or Alford pleas to any criminal offense during that period; or

(c) The defendant has been released from incarceration for the commission of a felony offense more than ten (10) years immediately prior to the date of the commission of the felony for which the defendant is now being sentenced and has had no intervening convictions, pleas of guilty, or Alford pleas to any criminal offense during that period.

(5) In making a determination under subsection (4) of this section, the court may determine that the greater weight of the evidence indicates that there is a likelihood that the defendant will commit a Class C or Class D felony.

(6) Upon initial sentencing of a defendant or upon modification or revocation of probation, when the court deems it in the best interest of the public and the defendant, the court may order probation with the defendant to serve one (1) of the following alternative sentences:

(a) To a halfway house for no more than twelve (12) months;

(b) To home incarceration with or without work release for no more than twelve (12) months;

(c) To jail for a period not to exceed twelve (12) months with or without work release, community service and other programs as required by the court;

(d) To a residential treatment program for the abuse of alcohol or controlled substances; or

(e) To any other specified counseling program, rehabilitation or treatment program, or facility.

(7) If during the term of the alternative sentence the defendant fails to adhere to and complete the conditions of the alternative sentence, the court may modify the terms of the alternative sentence or may modify or revoke probation and alternative sentence and commit the defendant to an institution.

(8) In addition to those conditions that the court may impose, the conditions of alternative sentence shall include the following and, if the court determines that the defendant cannot comply with them, then they shall not be made available:

(a) A defendant sentenced to a halfway house shall:

1. Be working or pursuing his or her education or be enrolled in a full-time treatment program;

2. Pay restitution during the term of probation; and

3. Have no contact with the victim of the defendant's crime;

(b) A defendant sentenced to home incarceration shall:

1. Be employed by another person or self-employed at the time of sentencing to home incarceration and continue the employment throughout the period of home incarceration, unless the court determines that there is a compelling reason to allow home incarceration while the defendant is unemployed;

2. Pay restitution during the term of home incarceration;

3. Enter a treatment program, if appropriate;

4. Pay all or some portion of the cost of home incarceration as determined by the court;

5. Comply with other conditions as specified; and

6. Have no contact with the victim of the defendant's crime;

1. Pay restitution during all or some part of the defendant's term of probation; and

2. Have no contact with the victim of the defendant's crime; or

(d) A defendant sentenced to a residential treatment program for drug and alcohol abuse shall:

1. Undergo mandatory drug screening during term of probation;

2. Be subject to active, supervised probation for a term of five (5) years;

3. Undergo aftercare as required by the treatment program;

4. Pay restitution during the term of probation; and

5. Have no contact with the victim of the defendant's crime.

(9) When the court deems it in the best interest of the defendant and the public, the court may order the person to work at community service related projects under the terms and conditions specified in KRS 533.070. Work at community service related projects shall be considered as a form of conditional discharge.

(10) Probation with alternative sentence shall not be available as set out in KRS 532.045 and 533.060, except as provided in KRS 533.030(6).

(11) The court may utilize a community corrections program authorized or funded under KRS Chapter 196 to provide services to any person released under this section.

(12) When the court deems it in the best interest of the defendant and the public, the court may order the defendant to placement for probation monitoring by a private agency. The private agency shall report to the court on the defendant's compliance with his or her terms of probation or conditional discharge. The defendant shall be responsible for any reasonable charges which the private agency charges.

(13) The jailer in each county incarcerating Class C or D felons may deny work release privileges to any defendant for violating standards of discipline or other jail regulations. The jailer shall report the action taken and the details of the violation on which the action was based to the court of jurisdiction within five (5) days of the violation.

(14) The Department of Corrections shall, by administrative regulation, develop written criteria for work release privileges granted under this section.

(15) Reimbursement of incarceration costs shall be paid directly to the jailer in the amount specified by written order of the court. Incarceration costs owed to the Department of Corrections shall be paid through the circuit clerk.

(16) The court shall enter into the record written findings of fact and conclusions of law when considering implementation of any sentence under this section.

CREDIT(S)

HISTORY: 2011 c 2, § 83, eff. 6-8-11; 2003 c 150, § 6, eff. 6-24-03; 2002 c 183, § 35, eff. 8-1-02; 1998 c 606, § 73, eff. 7-15-98; 1990 c 459, § 2, c 497, § 4, eff. 7-13-90; 1974 c 406, § 285

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 533.015

Effective: June 8, 2011

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 533. Probation and Conditional Discharge (Refs & Annos)

533.015 Alternatives to incarceration

Whenever a statute mentions probation, shock probation, conditional discharge, home incarceration, or other form of alternative to incarceration, that alternative may include a community-based, faith-based, charitable, church-sponsored, or nonprofit residential or nonresidential counseling and treatment program or drug court, and, upon petition by the defendant, the court may sentence or permit the defendant to attend that program. This program may also be used for pretrial release and pretrial diversion.

CREDIT(S)

HISTORY: 2011 c 2, § 84, eff. 6-8-11; 1998 c 606, § 166, eff. 7-15-98

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 533.020

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 533. Probation and Conditional Discharge (Refs & Annos)

533.020 Probation and conditional discharge

(1) When a person who has been convicted of an offense or who has entered a plea of guilty to an offense is not sentenced to imprisonment, the court shall place him on probation if he is in need of the supervision, guidance, assistance, or direction that the probation service can provide. Conditions of probation shall be imposed as provided in KRS 533.030, but the court may modify or enlarge the conditions or, if the defendant commits an additional offense or violates a condition, revoke the sentence at any time prior to the expiration or termination of the period of probation. When setting conditions under this subsection, the court shall not order any defendant to pay incarceration costs or any other cost permitted to be ordered under KRS 533.010 or other statute, except restitution and any costs owed to the Department of Corrections, through the circuit clerk.

(2) When a person who has been convicted of an offense or who has entered a plea of guilty to an offense is not sentenced to imprisonment, the court may sentence him to probation with an alternative sentence if it is of the opinion that the defendant should conduct himself according to conditions determined by the court and that probationary supervision alone is insufficient. The court may modify or enlarge the conditions or, if the defendant commits an additional offense or violates a condition, revoke the sentence at any time prior to the expiration or termination of the alternative sentence.

(3) When a person who has been convicted of an offense or who has entered a plea of guilty to an offense is not sentenced to imprisonment, the court may sentence him to conditional discharge if it is of the opinion that the defendant should conduct himself according to conditions determined by the court but that probationary supervision is inappropriate. Conditions of conditional discharge shall be imposed as provided in KRS 533.030, but the court may modify or enlarge the conditions or, if the defendant commits an additional offense or violates a condition, revoke the sentence at any time prior to the expiration or termination of the period of conditional discharge.

(4) The period of probation, probation with an alternative sentence, or conditional discharge shall be fixed by the court and at any time may be extended or shortened by duly entered court order. Such period, with extensions thereof, shall not exceed five (5) years, or the time necessary to complete restitution, whichever is longer, upon conviction of a felony nor two (2) years, or the time necessary to complete restitution, whichever is longer, upon conviction of a misdemeanor. Upon completion of the probationary period, probation with an alternative sentence, or the period of conditional discharge, the defendant shall be deemed finally discharged, provided no warrant issued by the court is pending against him, and probation, probation with an alternative sentence, or conditional discharge has not been revoked.

(5) Notwithstanding the fact that a sentence to probation, probation with an alternative sentence, or conditional discharge can subsequently be modified or revoked, a judgment which includes such a sentence shall constitute a final judgment for purposes of appeal.

CREDIT(S)

HISTORY: 2002 c 183, § 36, eff. 8-1-02; 1998 c 606, § 48, eff. 7-15-98; 1990 c 497, § 5, eff. 7-13-90; 1974 c 406, § 286

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 533.025

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 533. Probation and Conditional Discharge (Refs & Annos)

533.025 Rate of payment by department to county for incarceration of persons in county jail; payment of work release fees to jailer and deduction from department's payment; department's custody of prisoner for specified medical conditions

(1) When a person is convicted of, pleads guilty to, or enters an Alford plea to a felony offense and is sentenced to jail as a condition of conditional discharge or as a condition of probation, the Department of Corrections shall pay for the incarceration of that person in a county jail at the same rate and under the same conditions as for a Class D felon who is incarcerated in the county jail under KRS 532.100.

(2) If a person incarcerated in a county jail on conditional discharge or probation under subsection (1) of this section is granted work release, he shall pay the work release fees required by law to the jailer. The amount of work release fees paid by a prisoner shall be deducted from the amount which the Department of Corrections shall pay for the incarceration of that prisoner.

(3) The Department of Corrections may, during the prisoner's period of incarceration in the county jail, take custody of the prisoner and hold that person in a state prison facility for the purpose of treating the following medical conditions:

(a) Chronic heart and lung conditions;

(b) Psychiatric conditions;

(d) Acute surgical conditions;

(e) Pregnancy; or

(f) Any other medical condition which the Department of Corrections may set out by administrative regulation.

CREDIT(S)

HISTORY: 2000 c 345, § 10, eff. 7-14-00; 1998 c 606, § 115, eff. 7-15-98

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 533.030

Effective: July 15, 2010

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 533. Probation and Conditional Discharge (Refs & Annos)

533.030 Conditions of probation and conditional discharge; restitution to victim

(1) The conditions of probation and conditional discharge shall be such as the court, in its discretion, deems reasonably necessary to insure that the defendant will lead a law-abiding life or to assist him to do so. The court shall provide as an explicit condition of every sentence to probation or conditional discharge that the defendant not commit another offense during the period for which the sentence remains subject to revocation.

(2) When imposing a sentence of probation or conditional discharge, the court may, in addition to any other reasonable condition, require that the defendant:

(a) Avoid injurious or vicious habits;

(b) Avoid persons or places of disreputable or harmful character;

(d) Undergo available medical or psychiatric treatment and remain in a specific institution as required for that purpose;

(e) Post a bond, without surety, conditioned on performance of any of the prescribed conditions;

(f) Support his dependents and meet other family responsibilities;

(g) Pay the cost of the proceeding as set by the court;

(h) Remain within a specified area;

(i) Report to the probation officer as directed;

(j) Permit the probation officer to visit him at his home or elsewhere;

(k) Answer all reasonable inquiries by the probation officer and promptly notify the probation officer of any change in address or employment;

(l) Submit to periodic testing for the use of controlled substances or alcohol, if the defendant's record indicates a controlled substance or alcohol problem, and to pay a reasonable fee, as determined by the court, which fee shall not exceed the actual cost of the test and analysis and shall be paid directly to the agency or agencies responsible for testing and analysis as compensation for the cost of the testing and analysis, as specified by written order of the court, performed under this subsection. For good cause shown, the testing fee may be waived by the court; and

(m) During all or part of the period of probation or conditional discharge, participate in a global positioning monitoring system program operated by a county pursuant to KRS 67.732 and 67.374 under the same terms and conditions as provided in KRS 431.517.

(3) When imposing a sentence of probation or conditional discharge in a case where a victim of a crime has suffered monetary damage as a result of the crime due to his property having been converted, stolen, or unlawfully obtained, or its value substantially decreased as a result of the crime, or where the victim suffered actual medical expenses, direct out-of-pocket losses, or loss of earning as a direct result of the crime, or where the victim incurred expenses in relocating for the purpose of the victim's safety or the safety of a member of the victim's household, or if as a direct result of the crime the victim incurred medical expenses that were paid by the Cabinet for Health and Family Services, the Crime Victims Compensation Board, or any other governmental entity, the court shall order the defendant to make restitution in addition to any other penalty provided for the commission of the offense. Payment of restitution to the victim shall have priority over payment of restitution to any government agency. Restitution shall be ordered in the full amount of the damages, unless the damages exceed one hundred thousand dollars ($100,000) or twice the amount of the gain from the commission of the offense, whichever is greater, in which case the higher of these two (2) amounts shall be awarded. The court may, in lieu of ordering monetary restitution, order the defendant to make restitution by working for or on behalf of the victim. The court shall determine the number of hours of work necessary by applying the then-prevailing federal minimum wage to the total amount of monetary damage caused by or incidental to the commission of the crime. The court may, with the consent of the agency, order the defendant to work as specified in KRS 533.070. Any work ordered pursuant to this section shall not be deemed employment for any purpose, nor shall the person performing the work be deemed an employee for any purpose. Where there is more than one (1) defendant or more than one (1) victim, restitution may be apportioned. Restitution shall be subject to the following additional terms and conditions:

(a) Where property which is unlawfully in the possession of the defendant is in substantially undamaged condition from its condition at the time of the taking, return of the property shall be ordered in lieu of monetary restitution;

(b) The circuit clerk shall assess an additional fee of five percent (5%) to defray the administrative costs of collection of payments or property. This fee shall be paid by the defendant and shall inure to a trust and agency account which shall not lapse and which shall be used to hire additional deputy clerks and office personnel or increase deputy clerk or office personnel salaries, or combination thereof;

(c) When a defendant fails to make restitution ordered to be paid through the circuit clerk or a court-authorized program run by the county attorney or the Commonwealth's attorney, the circuit clerk or court-authorized program shall notify the court; and

(d) An order of restitution shall not preclude the owner of property or the victim who suffered personal physical or mental injury or out-of-pocket loss of earnings or support or other damages from proceeding in a civil action to recover damages from the defendant. A civil verdict shall be reduced by the amount paid under the criminal restitution order.

(4) When requiring fees for controlled substances or alcohol tests, or other fees and payments authorized by this section or other statute, except restitution, to be paid by the defendant, the court shall not order the payments to be paid through the circuit clerk.

(5) When a defendant is sentenced to probation or conditional discharge, he shall be given a written statement explicitly setting forth the conditions under which he is being released.

(6) When imposing a sentence of probation or conditional discharge, the court, in addition to conditions imposed under this section, may require as a condition of the sentence that the defendant submit to a period of imprisonment in the county jail or to a period of home incarceration at whatever time or intervals, consecutive or nonconsecutive, the court shall determine. The time actually spent in confinement or home incarceration pursuant to this provision shall not exceed twelve (12) months or the maximum term of imprisonment assessed pursuant to KRS Chapter 532, whichever is the shorter. Time spent in confinement or home incarceration under this subsection shall be credited against the maximum term of imprisonment assessed for the defendant pursuant to KRS Chapter 532, if probation or conditional discharge is revoked and the defendant is sentenced to imprisonment. Any prohibitions against probation, shock probation, or conditional discharge under KRS 533.060(2) or 532.045 shall not apply to persons convicted of a misdemeanor or Class D felony and sentenced to a period of confinement or home incarceration under this section.

CREDIT(S)

HISTORY: 2010 c 170, § 15, eff. 7-15-10; 2006 c 182, § 48, eff. 7-12-06; 2005 c 99, § 658, eff. 6-20-05; 2002 c 183, § 37, eff. 8-1-02; 1998 c 336, § 1, c 426, § 610, c 606, § 49, eff. 7-15-98; 1994 c 412, § 5, eff. 7-15-94; 1992 c 59, § 7, eff. 7-14-92; 1990 c 459, § 3; 1986 c 243, § 7; 1982 c 317, § 1; 1974 c 406, § 287

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 533.040

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 533. Probation and Conditional Discharge (Refs & Annos)

533.040 Calculation of periods of probation and conditional discharge

(1) A period of probation or conditional discharge commences on the day it is imposed. Multiple periods, whether imposed at the same or different times, run concurrently.

(2) If a court, as authorized by law, determines that a defendant violated the conditions of his probation or conditional discharge but reinstates probation or conditional discharge, the period between the date of the violation and the date of restoration of probation or conditional discharge shall not be computed as a part of the period of probation or conditional discharge.

(3) A sentence of probation or conditional discharge shall run concurrently with any federal or state jail, prison, or parole term for another offense to which the defendant is or becomes subject during the period, unless the sentence of probation or conditional discharge is revoked. The revocation shall take place prior to parole under or expiration of the sentence of imprisonment or within ninety (90) days after the grounds for revocation come to the attention of the Department of Corrections, whichever occurs first.

CREDIT(S)

HISTORY: 1992 c 211, § 138, eff. 7-14-92; 1986 c 331, § 61; 1974 c 406, § 288

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 533.050

Effective: June 8, 2011

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 533. Probation and Conditional Discharge (Refs & Annos)

533.050 Arrest of defendant on probation or conditional discharge; notice and hearing; exception under KRS 439.3108

(1) At any time before the discharge of the defendant or the termination of the sentence of probation or conditional discharge:

(a) The court may summon the defendant to appear before it or may issue a warrant for his arrest upon a finding of probable cause to believe that he has failed to comply with a condition of the sentence; or

(b) A probation officer, or peace officer acting at the direction of a probation officer, who sees the defendant violate the terms of his probation or conditional discharge may arrest the defendant without a warrant.

(2) Except as provided in KRS 439.3108, the court may not revoke or modify the conditions of a sentence of probation or conditional discharge except after a hearing with defendant represented by counsel and following a written notice of the grounds for revocation or modification.

CREDIT(S)

HISTORY: 2011 c 2, § 85, eff. 6-8-11; 1974 c 406, § 289, eff. 1-1-75

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 533.060

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 533. Probation and Conditional Discharge (Refs & Annos)

533.060 Probation or conditional release; effect of use of firearm; other felonies

(1) When a person has been convicted of an offense or has entered a plea of guilty to an offense classified as a Class A, B, or C felony and the commission of the offense involved the use of a weapon from which a shot or projectile may be discharged that is readily capable of producing death or other serious physical injury, the person shall not be eligible for probation, shock probation, or conditional discharge, except when the person establishes that the person against whom the weapon was used had previously or was then engaged in an act or acts of domestic violence and abuse as defined in KRS 403.720 against either the person convicted or a family member as defined in KRS 403.720 of the person convicted. If the person convicted claims to be exempt from this statute because that person was the victim of domestic violence and abuse as defined in KRS 403.720, the trial judge shall conduct a hearing and make findings to determine the validity of the claim and applicability of this exemption. The findings of the court shall be noted in the final judgment.

(2) When a person has been convicted of a felony and is committed to a correctional detention facility and released on parole or has been released by the court on probation, shock probation, or conditional discharge, and is convicted or enters a plea of guilty to a felony committed while on parole, probation, shock probation, or conditional discharge, the person shall not be eligible for probation, shock probation, or conditional discharge and the period of confinement for that felony shall not run concurrently with any other sentence.

(3) When a person commits an offense while awaiting trial for another offense, and is subsequently convicted or enters a plea of guilty to the offense committed while awaiting trial, the sentence imposed for the offense committed while awaiting trial shall not run concurrently with confinement for the offense for which the person is awaiting trial.

CREDIT(S)

HISTORY: 1994 c 418, § 14, eff. 7-15-94; 1992 c 173, § 3, c 211, § 139, eff. 7-14-92; 1986 c 331, § 62; 1976 c 180, § 2

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 533.065

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 533. Probation and Conditional Discharge (Refs & Annos)

533.065 Effect of person wearing body armor and carrying deadly weapon at time of offense

Any person who was found guilty of a felony offense under KRS Chapters 218A, 507, 508, 509, 511, or 513, or KRS 237.040, 514.100, 525.020, 525.030, 527.040, 527.070, 527.100, or theft of a motor vehicle under KRS 514.030, and who was wearing body armor and was armed with a deadly weapon at the time of the offense shall not be granted probation, shock probation, parole, conditional discharge, or any other form of early release.

CREDIT(S)

HISTORY: 1998 c 606, § 183, eff. 7-15-98

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 533.070

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 533. Probation and Conditional Discharge (Refs & Annos)

533.070 Sentencing of defendant to work at community service related projects

(1) In any case where imprisonment is an authorized penalty and where imprisonment is not required by the statute relating to the crime committed, a court may, as a form of conditional discharge, sentence the defendant to work at community service related projects subject to the following terms and conditions:

(a) As used in this section, “community service related project” means work for the state or an agency thereof, for a county, urban-county government, city, special district, or an agency thereof or for a nonreligious-sponsored nonprofit, charitable, or service organization. Work on a community service related project shall not confer a private benefit on a person except as may be incidental to the public benefit.

(b) Before a defendant may be sentenced to a particular community service related project, the director of the agency or unit of government, or his designee, shall approve or disapprove, in writing, the defendant's work for that agency or unit of government. If the designated person refuses to accept the defendant, he shall not be sentenced to work for that agency. If possible, another agency shall be found which will accept the defendant. If no agency accepts the defendant, he shall be resentenced to an appropriate sentence authorized by law.

(c) No defendant shall be sentenced to unduly hazardous work that would endanger the life or health of the defendant or others.

(d) Any defendant may, for valid medical reason, decline to work on community service related projects. In this case, he shall be sentenced to another penalty authorized by law.

(e) The order of the sentencing court shall specify the agency for which the defendant shall work, the manner in which the defendant shall be worked, and the terms and conditions thereof. The agency shall provide the court with reports as to the defendant's labor and compliance with the terms of the sentence.

(f) If insurance is available, a defendant may pay the cost of health and accident insurance for the time he is engaged in a community service related project. This subsection shall not apply when the defendant has such insurance, if the defendant does not desire to obtain insurance or if insurance is either unavailable or beyond the means of the defendant to pay. The Commonwealth, a unit of government, a special district, or agency for which a defendant engages in community service related work shall not be liable for accidents, or medical, health, or other costs incurred by the defendant.

(g) Participation in community services related projects shall not be deemed employment for any purpose, and the defendant shall not be deemed an employee or agent of the entity for which he performs the community service work.

(h) If a defendant fails, without good cause, to show for work and labor according to the conditions of his sentence, the agency for which he is working shall immediately report his failure to show for work or to work in accordance with the conditions of this sentence to the court.

(2) If the defendant fails to show for work, fails to labor in accordance with the conditions of his sentence, or is terminated from his community service related work for any reason, the court shall hold a hearing to determine the cause of the noncompliance and may, if the noncompliance is the fault of the defendant, resentence the defendant to a penalty or combination of penalties authorized for the commission of the offense. If the noncompliance is not caused by the defendant or the defendant has a legitimate reason therefor, the court may find another agency or unit of government for which the defendant may labor or, regardless of the reason for noncompliance, continue the defendant in the community service related work program.

(3) The length of time a defendant may be sentenced to a community service related work program shall not exceed:

(a) The length of the maximum imprisonment which is authorized for the commission of the offense, and in no case shall exceed five (5) years regardless of how many days the defendant works during that time.

(b) Ninety (90) days in the case of an offense for which a fine only or some penalty other than imprisonment is authorized. A day shall mean a calendar day or combination thereof during which the defendant engages in eight (8) hours of labor at a community service related work program.

(4) While a prisoner may be sentenced to labor less time during a day, no prisoner shall be sentenced to work more than eight (8) hours in any one (1) day. While a prisoner may be sentenced to labor less time during a week, no prisoner shall be sentenced to work more than five (5) days during any one (1) week.

(5) The Administrative Office of the Courts shall, with the approval of the Supreme Court, print and distribute all forms necessary for the community service related work program authorized by this section.

(6) A court sentencing a defendant to a community service related work program shall, where possible, preserve the ordinary employment or educational programs in which the defendant is engaged by sentencing him to work at times other than those in which he is engaged in his regular employment or education.

CREDIT(S)

HISTORY: 1990 c 459, § 1, eff. 7-13-90

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 533.200

Effective: July 12, 2012

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 533. Probation and Conditional Discharge (Refs & Annos)

Educational Program

533.200 Form of sentencing for convicted persons who have not received a graduation certificate or GED; exceptions for an individual with a severe intellectual disability

(1) A person convicted of a misdemeanor or violation who has not received a graduation certificate from high school or has not passed the general educational development test (GED) or has not obtained a high school diploma through participation in the external diploma program may, in addition to or in lieu of any other penalty provided by law, be sentenced to attend and successfully complete a program designed to improve his reading, living, and employment skills. Attendance at such program shall be deemed a form of probation and all provisions of the law with respect to probation, including restitution to victims, shall apply.

(2) A person convicted of a felony who has not received a graduation certificate from high school or has not passed the general educational development test (GED) or has not obtained a high school diploma through participation in the external diploma program may, in addition to any other penalty provided by law, be sentenced to attend and successfully complete a program designed to improve his reading, living, and employment skills. Attendance at such program shall be deemed a form of probation and all provisions of the law with respect to probation, including restitution to victims, shall apply.

(3) The provisions of this section shall not apply to an individual with an intellectual or other disability that is so severe that he would not reasonably be expected to benefit from or complete the program.

CREDIT(S)

HISTORY: 2012 c 146, § 136, eff. 7-12-12; 1996 c 145, § 7, eff. 7-15-96; 1988 c 279, § 1, eff. 7-15-88

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 533.210

Effective: July 12, 2006

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 533. Probation and Conditional Discharge (Refs & Annos)

Educational Program

533.210 Conduct of program; costs; license

(1) The program described in KRS 533.200 shall be administered by the Kentucky Adult Education Program within the Council on Postsecondary Education, which shall promulgate administrative regulations, pursuant to KRS Chapter 13A, relative to the conduct of the program, including but not limited to the costs of participation in the program by persons sentenced to the program.

(2) The Kentucky Adult Education Program shall license qualified persons or organizations to conduct the program described in KRS 533.200 on behalf of the agency. Qualifications, the manner of licensing, and all other matters shall be set by administrative regulation.

CREDIT(S)

HISTORY: 2006 c 211, § 166, eff. 7-12-06; 1994 c 469, § 38, eff. 7-15-94; 1992 c 417, § 11, eff. 7-14-92; 1988 c 279, § 2

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 533.220

Effective: July 12, 2012

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 533. Probation and Conditional Discharge (Refs & Annos)

Educational Program

533.220 Failure to complete reading skills improvement program

Any person sentenced to the reading skills improvement program specified in KRS 533.200 who fails to successfully complete the program within the time specified, who fails to attend as required, or fails to make progress toward successful completion, shall be reported to the sentencing court, and the court shall ascertain whether or not the failures are willful or the person is actually incapable of successfully completing the program due to an intellectual or other disability, or other reasons beyond his control. In the event the failure is willful, the court may proceed as in cases of probation violation and may apply such remedy as is authorized.

CREDIT(S)

HISTORY: 2012 c 146, § 137, eff. 7-12-12; 1988 c 279, § 3, eff. 7-15-88

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 533.250

Effective: July 15, 2010

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 533. Probation and Conditional Discharge (Refs & Annos)

Pretrial Diversion Program

533.250 Pretrial diversion program in each judicial circuit; elements; fee

(1) A pretrial diversion program shall be operated in each judicial circuit. The chief judge of each judicial circuit, in cooperation with the Commonwealth's attorney, shall submit a plan for the pretrial diversion program to the Supreme Court for approval on or before December 1, 1999. The pretrial diversion program shall contain the following elements:

(a) The program may be utilized for a person charged with a Class D felony offense who has not, within ten (10) years immediately preceding the commission of this offense, been convicted of a felony under the laws of this state, another state, or of the United States, or has not been on probation or parole or who has not been released from the service of any felony sentence within ten (10) years immediately preceding the commission of the offense;

(b) The program shall not be utilized for persons charged with offenses for which probation, parole, or conditional discharge is prohibited under KRS 532.045;

(d) No person shall be eligible for pretrial diversion who has committed a sex crime as defined in KRS 17.500. A person who is on pretrial diversion on July 12, 2006, may remain on pretrial diversion if the person continues to meet the requirements of the pretrial diversion and the registration requirements of KRS 17.510;

(e) Any person charged with an offense not specified as precluding a person from pretrial diversion under paragraph (b) of this subsection may apply in writing to the trial court and the Commonwealth's attorney for entry into a pretrial diversion program;

(f) Any person shall be required to enter an Alford plea or a plea of guilty as a condition of pretrial diversion;

(g) The provisions of KRS 533.251 shall be observed; and

(h) The program may include as a component referral to the intensive secured substance abuse treatment program developed under KRS 196.285 for persons charged with a felony offense under KRS Chapter 218A and persons charged with a felony offense whose record indicates a history of recent and relevant substance abuse who have not previously been referred to the program under KRS 533.251.

(2) Upon the request of the Commonwealth's attorney, a court ordering pretrial diversion may order the person to participate in a global positioning monitoring system program through the use of a county-operated program pursuant to KRS 67.372 and 67.374 for all or part of the time during which a pretrial diversion agreement is in effect.

(3) A court ordering global positioning monitoring system for a person pursuant to this section shall:

(a) Require the person to pay all or a part of the monitoring costs based upon the sliding scale determined by the Supreme Court of Kentucky pursuant to KRS 403.761 and administrative costs for participating in the system;

(b) Provide the monitoring system with a written or electronic copy of the conditions of release; and

(c) Provide the monitoring system with a contact at the office of the Commonwealth's attorney for reporting violations of the monitoring order.

(4) A person, county, or other organization may voluntarily agree to pay all or a portion of a person's monitoring costs specified in subsection (3) of this section.

(5) The court shall not order a person to participate in a global positioning monitoring system program unless the person agrees to the monitoring in open court or the court determines that public safety and the nature of the person's crime require the use of a global positioning monitoring system program.

(6) The Commonwealth's attorney shall make a recommendation upon each application for pretrial diversion to the Circuit Judge in the court in which the case would be tried. The court may approve or disapprove the diversion.

(7) The court shall assess a diversion supervision fee of a sufficient amount to defray all or part of the cost of participating in the diversion program. Unless the fee is waived by the court in the case of indigency, the fee shall be assessed against each person placed in the diversion program. The fee may be based upon ability to pay.

CREDIT(S)

HISTORY: 2010 c 170, § 14, eff. 7-15-10; 2009 c 96, § 5, eff. 3-24-09; 2006 c 182, § 49, eff. 7-12-06; 1998 c 606, § 86, eff. 7-15-98

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 533.251

Effective: March 24, 2009

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 533. Probation and Conditional Discharge (Refs & Annos)

Pretrial Diversion Program

533.251 Pretrial diversion program for felony drug offender and felony offender with a history of substance abuse

(1) Every pretrial diversion program shall set as a condition precedent for entry into the program that any defendant charged with a Class D felony offense under KRS Chapter 218A and any defendant charged with a Class D felony offense whose criminal, medical, or mental health record indicates a present need for or benefit from substance abuse treatment participate in and demonstrate suitable compliance with the terms of a secular or faith-based substance abuse treatment or recovery program if space is available in a treatment or recovery program suitable for that defendant. The substance abuse treatment or recovery program shall be appropriate to the defendant's needs, and may include commitment to an intensive outpatient program, a residential substance abuse treatment or recovery facility, or the intensive secured drug abuse treatment program developed under KRS 196.285. Consideration may be given, in whole or in part, to a defendant's participation in drug monitoring or a substance abuse treatment or recovery plan ordered under KRS 431.518 as evidence of suitable compliance under this section.

(2) The court may waive compliance with subsection (1) of this section if the defendant can show that exigent circumstances exist sufficient to justify diversion program participation without a prior demonstration of treatment compliance.

(3) The court may continue in effect any nonfinancial conditions of pretrial release imposed under KRS 431.520 or 431.525 and may hold the case in abeyance during the period of time the defendant is attempting treatment or recovery prior to diversion under subsection (1) of this section.

(4) The court may allow a person charged with a Class C felony to participate in a secular or faith-based substance abuse treatment or recovery program under subsection (1) of this section or obtain a waiver under subsection (2) of this section. If the person is successful in the program or is waived, the person shall be eligible for entry into the pretrial diversion program under the same terms, conditions, and limitations as a Class D felon.

CREDIT(S)

HISTORY: 2009 c 96, § 4, eff. 3-24-09

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 533.252

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 533. Probation and Conditional Discharge (Refs & Annos)

Pretrial Diversion Program

533.252 Requirements of Commonwealth's attorney when considering application for pretrial diversion

When considering an application for pretrial diversion, the attorney for the Commonwealth shall:

(1) Have a criminal record check made to ascertain if the person is eligible for pretrial diversion.

(2) Interview the victim of the crime, if there is an identified victim, and, when the victim of the crime is deceased or the attorney for the Commonwealth deems it necessary, interview a member of the family of the victim of the crime. The attorney for the Commonwealth shall explain to the victim the diversion program, the proposed diversion conditions, and any other matters that the attorney for the Commonwealth deems to be appropriate. The results of the interview and recommendations of the victim may be presented to the court when it is considering the application for pretrial diversion. If the application for diversion is approved by the court, the approval shall be in open court and may be attended by the victim and the victim's family. The attorney for the Commonwealth shall attempt to notify them of this fact and the time, date, and place of the hearing.

(3) Conduct any other investigation that the attorney for the Commonwealth determines may be necessary with regard to the defendant and the circumstances of the crime so as to enable him or her to set proper conditions of pretrial diversion, or to make a decision whether to recommend pretrial diversion.

CREDIT(S)

HISTORY: 1998 c 606, § 87, eff. 7-15-98

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 533.254

Effective:[See Text Amendments]

Baldwin's Kentucky Revised Statutes Annotated Currentness

Title L. Kentucky Penal Code

Chapter 533. Probation and Conditional Discharge (Refs & Annos)

Pretrial Diversion Program

533.254 Application of probation and restitution

(1) The provisions of KRS 533.020 relating to the period of probation shall, in so far as possible, be applicable to the period of pretrial diversion except that supervision of the participants in the programs shall be done by the Division of Probation and Parole.

(2) The provisions of KRS 533.030 relating to conditions of probation and restitution shall, in so far as possible, be applicable to pretrial diversion. Restitution shall be ordered in all cases where a victim has suffered monetary damage as a result of the alleged crime. Restitution to the state or the victim, or both, may be ordered in any pretrial diversion program.

CREDIT(S)

HISTORY: 1998 c 606, § 88, eff. 7-15-98

Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.

KRS § 533.256

Effective:[See Text Amendments]

Baldwin's Kentucky Re