KRS T. XL, Ch. 431, Refs & Annos
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.005
Effective: July 12, 2012
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.005 Arrest by peace officers; by private persons
(1) A peace officer may make an arrest:
(a) In obedience to a warrant; or
(b) Without a warrant when a felony is committed in his or her presence; or
(c) Without a warrant when he or she has probable cause to believe that the person being arrested has committed a felony; or
(d) Without a warrant when a misdemeanor, as defined in KRS 431.060, has been committed in his or her presence; or
(e) Without a warrant when a violation of KRS 189.290, 189.393, 189.520, 189.580, 511.080, or 525.070 has been committed in his or her presence, except that a violation of KRS 189A.010 or KRS 281A.210 need not be committed in his or her presence in order to make an arrest without a warrant if the officer has probable cause to believe that the person being arrested has violated KRS 189A.010 or KRS 281A.210; or
(f) Without a warrant when a violation of KRS 508.030 has occurred in the emergency room of a hospital without the officer's presence if the officer has probable cause to believe that the person being arrested has violated KRS 508.030. For the purposes of this paragraph, “emergency room” means that portion of a licensed hospital which has the primary purpose of providing emergency medical care, twenty-four (24) hours per day, seven (7) days per week, and three hundred sixty-five (365) days per year.
(2) (a) Any peace officer may arrest a person without warrant when the peace officer has probable cause to believe that the person has intentionally or wantonly caused physical injury to a family member or member of an unmarried couple.
(b) For the purposes of this subsection, the term “family member” has the same meaning as set out in KRS 403.720.
(c) For the purpose of this subsection, the term “member of an unmarried couple” has the same meaning as set out in KRS 403.720.
(3) A peace officer may arrest a person without a warrant when the peace officer has probable cause to believe that the person is a sexual offender who has failed to comply with the Kentucky Sex Offender Registry requirements based upon information received from the Law Information Network of Kentucky.
(4) For purposes of subsections (2) and (3) of this section, a “peace officer” is an officer certified pursuant to KRS 15.380.
(5) If a law enforcement officer has probable cause to believe that a person has violated a condition of release imposed in accordance with KRS 431.064 and verifies that the alleged violator has notice of the conditions, the officer shall, without a warrant, arrest the alleged violator whether the violation was committed in or outside the presence of the officer.
(6) A private person may make an arrest when a felony has been committed in fact and he or she has probable cause to believe that the person being arrested has committed it.
(7) If a law enforcement officer has probable cause to believe that a person has violated a restraining order issued under KRS 508.155, then the officer shall, without a warrant, arrest the alleged violator whether the violation was committed in or outside the presence of the officer.
CREDIT(S)
HISTORY: 2012 c 128, § 1, eff. 7-12-12; 2010 c 170, § 17, eff. 7-15-10; 2006 c 182, § 24, eff. 7-12-06; 2005 c 132, § 31, eff. 6-20-05; 2002 c 119, § 3, eff. 7-15-02; 1998 c 23, § 16, eff. 7-15-98; 1996 c 345, § 4, eff. 7-15-96; 1992 c 172, § 14, eff. 7-14-92; 1990 c 455, § 33; 1988 c 258, § 5; 1984 c 165, § 23; 1980 c 309, § 1, c 312, § 1; 1962 c 234, § 31
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.007
Effective: June 26, 2007
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.007 Arrest powers of peace officers assisting in another county; exception
(1) A peace officer certified pursuant to KRS 15.380 to 15.404, who is directly employed as a police officer by a Kentucky city, county, or urban-county government and whose department meets the requirements of KRS 15.440 and a sheriff, or deputy sheriff who has been certified pursuant to KRS 15.380 to 15.404, who is officially requested by a law enforcement agency in another county in Kentucky to assist in any matter within the jurisdiction of the requesting agency shall possess, while responding to and for the duration of the matter for which the request was made, the same powers of arrest in the requesting county as he possesses in the county in which he is a police officer.
(2) The provisions of this section shall not:
(a) Authorize assistance in any labor dispute or strike;
(b) Authorize assistance by a constable or deputy constable;
(c) Authorize assistance by a special local peace officer; or
(d) Authorize assistance by a special deputy sheriff.
CREDIT(S)
HISTORY: 2007 c 108, § 1, eff. 6-26-07; 1986 c 120, § 1, eff. 7-15-86
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.008
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.008 Insurance coverage for assistance rendered under KRS 431.007
When a peace officer specified in KRS 431.007 is lawfully conducting an assistance operation under KRS 431.007, any insurance relative to the performance of his duties, including, but not limited to, workers' compensation, health, liability, and motor vehicle insurance, maintained by the peace officer or the peace officer's employer, shall remain in force.
CREDIT(S)
HISTORY: 2000 c 515, § 1, eff. 7-14-00
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.010
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.010 Offenses; where tried--Renumbered
CREDIT(S)
HISTORY: 1962
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.015
Effective: July 12, 2012
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.015 Citation for misdemeanor; failure to appear
(1) (a) KRS 431.005 to the contrary notwithstanding, and except as provided in paragraphs (b), (c), and (d) of this subsection, a peace officer shall issue a citation instead of making an arrest for a misdemeanor committed in his or her presence, if there are reasonable grounds to believe that the person being cited will appear to answer the charge. The citation shall provide that the defendant shall appear within a designated time.
(b) A peace officer may make an arrest instead of issuing a citation for a misdemeanor committed in his or her presence if the misdemeanor is:
1. A violation of KRS Chapter 508, 510, or 527, or KRS 189A.010;
2. An offense in which the defendant poses a risk of danger to himself, herself, or another person; or
3. An offense in which the defendant refuses to follow the peace officer's reasonable instructions.
(c) A peace officer shall make an arrest for violations of protective orders issued pursuant to KRS 403.715 to 403.785.
(d) A peace officer may make an arrest or may issue a citation for a violation of KRS 508.030 which occurs in the emergency room of a hospital pursuant to KRS 431.005(1)(f).
(2) A peace officer may issue a citation instead of making an arrest for a violation committed in his or her presence but may not make a physical arrest unless there are reasonable grounds to believe that the defendant, if a citation is issued, will not appear at the designated time or unless the offense charged is a violation of KRS 189.223, 189.290, 189.393, 189.520, 189.580, 235.240, 281.600, 511.080, or 525.070 committed in his or her presence or a violation of KRS 189A.010, not committed in his or her presence, for which an arrest without a warrant is permitted under KRS 431.005(1)(e).
(3) If the defendant fails to appear in response to the citation, or if there are reasonable grounds to believe that he or she will not appear, a complaint may be made before a judge and a warrant shall issue.
(4) When a physical arrest is made and a citation is issued in relation to the same offense the officer shall mark on the citation, in the place specified for court appearance date, the word “ARRESTED” in lieu of the date of court appearance.
CREDIT(S)
HISTORY: 2012 c 128, § 2, eff. 7-12-12; 2011 c 2, § 46, eff. 6-8-11; 2000 c 512, § 10, eff. 7-14-00; 1984 c 165, § 25, eff. 7-13-84; 1980 c 309, § 2; 1978 c 26, § 1; 1976 ex s, c 14, § 437; 1962 c 234, § 33
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.017
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.017 Appearance bond of prosecuting witness
A judge, trial commissioner, or other officer issuing an arrest warrant based upon the testimony or allegations of a prosecuting witness may require the witness to post a bond in favor of the Commonwealth to secure the attendance of that witness in court in all matters relating to that particular arrest warrant. The amount of the bond shall be twenty-five dollars ($25). In the event that the prosecuting witness fails to appear and does not present valid reason therefor, the trial court shall order the forfeiture of the bond. This section shall not apply to any appeal or postconviction proceeding.
CREDIT(S)
HISTORY: 1982 c 225, eff. 7-15-82
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.020
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.020 Doubt as to where offense committed--Renumbered
CREDIT(S)
HISTORY: 1962
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.021
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.021 Guaranteed arrest bond certificate of surety company to be accepted in lieu of cash bail in traffic cases
(1) A guaranteed arrest bond certificate presented by the person whose signature appears thereon shall be accepted in lieu of cash bail in an amount not to exceed two hundred dollars ($200) as a bail bond to guarantee the appearance of such person in any court of this Commonwealth, at the time required by such court, when he is arrested for violation of any law of this Commonwealth or traffic ordinance of any municipality therein relating to the operation of a motor vehicle. A guaranteed arrest bond certificate so presented as a bail bond is subject to the same forfeiture and enforcement provisions as a bail bond or cash bail, but is not subject to Rules 4.30 and 4.34 of the Kentucky Rules of Criminal Procedure. However:
(a) The violation must have been committed prior to the expiration date shown on the guaranteed arrest bond certificate, and
(b) A guaranteed arrest bond certificate may not be accepted when a person is arrested for violation of KRS 189A.010 or KRS Chapter 281.
(2) As used in this section, “guaranteed arrest bond certificate” means a printed card or other certificate issued by an association to any of its members, which is signed by the member and contains a printed statement that such association and a surety company licensed to do business in this Commonwealth:
(a) Guarantee the appearance of the person whose signature appears on the card or certificate, and
(b) Will, in the event of the failure of such person to appear in court at the time set for appearance, pay any fine or forfeiture imposed upon such person in an amount not to exceed two hundred dollars ($200).
CREDIT(S)
HISTORY: 1984 c 165, § 24, eff. 7-13-84; 1980 c 188, § 298; 1968 c 152, § 167; 1962 c 283
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.025
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.025 Notice of intention to arrest; act of arrest; force
(1) The person making an arrest shall inform the person about to be arrested of the intention to arrest him, and of the offense for which he is being arrested.
(2) An arrest is made by placing the person being arrested in restraint, or by his submission to the custody of the person making the arrest. The submission shall be in the actual presence of the arrester.
(3) No unnecessary force or violence shall be used in making an arrest.
CREDIT(S)
HISTORY: 1962 c 234, § 35, eff. 1-1-63
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.030
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.030 River or road dividing counties--Renumbered
CREDIT(S)
HISTORY: 1962
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.035
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.035 Aid in making arrest--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1962 c 234, § 37
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.040
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.040 Rivers along state boundary--Renumbered
CREDIT(S)
HISTORY: 1962
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.045
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.045 Pursuit in effecting arrest
A peace officer in actual pursuit may continue such pursuit across corporate or county lines for the purpose of making an arrest.
CREDIT(S)
HISTORY: 1962 c 234, § 39, eff. 1-1-63
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.050
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.050 Injury in one county, death in another--Renumbered
CREDIT(S)
HISTORY: 1962
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.055
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.055 Pursuit to recapture escapee
If a person lawfully arrested escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and retake him in any part of the Commonwealth and may be joined in the pursuit and recapture by peace officers in the immediate area or vicinity.
CREDIT(S)
HISTORY: 1962 c 234, § 41, eff. 1-1-63
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.060
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.060 Felonies, misdemeanors and violations defined
Offenses are either felonies, misdemeanors, or violations:
(1) Offenses punishable by death or confinement in the penitentiary, whether or not a fine or other penalty may also be assessed, are felonies.
(2) Offenses punishable by confinement other than in the penitentiary, whether or not a fine or other penalty may also be assessed, are misdemeanors.
(3) Offenses punishable by a fine only or by any other penalty not cited herein, whether in combination with a fine or not, are violations.
CREDIT(S)
HISTORY: 1980 c 309, § 3, eff. 7-15-80; 1942 c 208, § 1; KS 1127
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.062
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.062 Detention in jail prior to trial prohibited for certain offenses; exceptions
(1) No person shall be detained in jail prior to trial for any offense defined in KRS 431.060, 500.080, or 532.020 as a violation unless:
(a) He has previously failed to make a court appearance required in connection therewith; or
(b) Is a fugitive from justice.
(2) This section shall not apply to the offenses listed in KRS 431.015 or 222.202.
CREDIT(S)
HISTORY: 1986 c 336, § 6, eff. 7-1-86; 1984 c 92, § 1
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.063
Effective: June 26, 2007
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.063 Human trafficking victim not to be incarcerated pending trial; exceptions
A victim of human trafficking shall not be held in a detention center, jail, or other secure facility pending trial for an offense arising from the human trafficking situation, except where the incarceration is found to be the least restrictive alternative to securing the appearance of that person before the court or the release of the person under any other reasonable condition would be a clear threat to public safety.
CREDIT(S)
HISTORY: 2007 c 19, § 2, eff. 6-26-07
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.064
Effective: June 26, 2007
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.064 Pretrial release of person arrested for assault, sexual offense, or violation of protective order; conditions; hearing; victim entitled to copy of conditions of release; entry of conditions into Law Information Network; penalty
(1) In making a decision concerning pretrial release of a person who is arrested for a violation of KRS Chapter 508 or 510, or charged with a crime involving a violation of a protective order issued pursuant to KRS 403.740 or 403.750, the court or agency having authority to make a decision concerning pretrial release shall review the facts of the arrest and detention of the person and determine whether the person:
(a) Is a threat to the alleged victim or other family or household member; and
(b) Is reasonably likely to appear in court.
(2) Before releasing a person arrested for or charged with a crime specified in subsection (1) of this section, the court shall make findings, on the record if possible, concerning the determination made in accordance with subsection (1) of this section, and may impose conditions of release or bail on the person to protect the alleged victim of domestic violence or abuse and to ensure the appearance of the person at a subsequent court proceeding. The conditions may include:
(a) An order enjoining the person from threatening to commit or committing acts of domestic violence or abuse against the alleged victim or other family or household member;
(b) An order prohibiting the person from harassing, annoying, telephoning, contacting, or otherwise communicating with the alleged victim, either directly or indirectly;
(c) An order directing the person to vacate or stay away from the home of the alleged victim and to stay away from any other location where the victim is likely to be;
(d) An order prohibiting the person from using or possessing a firearm or other weapon specified by the court;
(e) An order prohibiting the person from possession or consumption of alcohol or controlled substances;
(f) Any other order required to protect the safety of the alleged victim and to ensure the appearance of the person in court; or
(g) Any combination of the orders set out in paragraphs (a) to (f) of this subsection.
(3) If conditions of release are imposed, the court imposing the conditions on the arrested or charged person shall:
(a) Issue a written order for conditional release; and
(b) Immediately distribute a copy of the order to pretrial services.
(4) The court shall provide a copy of the conditions to the arrested or charged person upon release. Failure to provide the person with a copy of the conditions of release does not invalidate the conditions if the arrested or charged person has notice of the conditions.
(5) If conditions of release are imposed without a hearing, the arrested or charged person may request a prompt hearing before the court to review the conditions. Upon request, the court shall hold a prompt hearing to review the conditions.
(6) The victim, as defined in KRS 421.500, of the defendant's alleged crime, or an individual designated by the victim in writing, shall be entitled to a free certified copy of the defendant's conditions of release, or modified conditions of release, upon request to the clerk of the court which issued the order releasing the defendant. The victim or the victim's designee may personally obtain the document at the clerk's office or may have it delivered by mail.
(7) The circuit clerk or the circuit clerk's designee, in cooperation with the court that issued the order releasing the defendant, shall cause the conditions of release to be entered into the computer system maintained by the clerk and the Administrative Office of the Courts within twenty-four (24) hours following its filing, excluding weekends and holidays. Any modification of the release conditions shall likewise be entered by the circuit clerk, or the circuit clerk's designee.
(8) The information entered under this section shall be accessible to any agency designated by the Department of Kentucky State Police as a terminal agency for the Law Information Network of Kentucky.
(9) All orders issued under this section which require entry into the Law Information Network of Kentucky shall be entered on forms prescribed by the Administrative Office of the Courts. If the conditions of pretrial release are contained in an order which is narrative in nature, the prescribed form shall be used in addition to the narrative order.
(10) Any person who violates any condition of an order issued pursuant to this section is guilty of a Class A misdemeanor.
CREDIT(S)
HISTORY: 2007 c 85, § 309, eff. 6-26-07; 2000 c 400, § 3, eff. 7-14-00; 1996 c 345, § 5, eff. 7-15-96
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.065
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.065 Attempt to commit offense; penalties--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1968 c 108
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.066
Effective: July 12, 2012
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.066 Pretrial release and bail options of verified and eligible defendant; assessment of flight risk, likelihood of appearing at trial, and risk of danger; credit toward bail for time in jail
(1) For purposes of this section, “verified and eligible defendant” means a defendant who pretrial services is able to interview and assess, and whose identity pretrial services is able to confirm through investigation.
(2) When a court considers pretrial release and bail for an arrested defendant, the court shall consider whether the defendant constitutes a flight risk, is unlikely to appear for trial, or is likely to be a danger to the public if released. In making this determination, the court shall consider the pretrial risk assessment for a verified and eligible defendant along with the factors set forth in KRS 431.525.
(3) If a verified and eligible defendant poses low risk of flight, is likely to appear for trial, and is not likely to be a danger to others, the court shall order the defendant released on unsecured bond or on the defendant's own recognizance subject to such other conditions as the court may order.
(4) If a verified and eligible defendant poses a moderate risk of flight, has a moderate risk of not appearing for trial, or poses a moderate risk of danger to others, the court shall release the defendant under the same conditions as in subsection (3) of this section but shall consider ordering the defendant to participate in global positioning system monitoring, controlled substance testing, increased supervision, or such other conditions as the court may order.
(5) (a) Except as provided in paragraph (b) of this subsection, regardless of the amount of the bail set, the court shall permit the defendant a credit of one hundred dollars ($100) per day as a payment toward the amount of the bail set for each day or portion of a day that the defendant remains in jail prior to trial. Upon the service of sufficient days in jail to have sufficient credit to satisfy the bail, the defendant shall be released from jail on the conditions specified in this section or in this chapter.
(b) The provisions of paragraph (a) of this subsection shall not apply to:
1. Any person convicted of, pleading guilty to, or entering an Alford plea to a felony offense under KRS Chapter 510, KRS 529.100 involving commercial sexual activity, KRS 530.020, 530.064(1)(a), 531.310, or 531.320, or who is a violent offender as defined in KRS 439.3401; or
2. A defendant who is found by the court to present a flight risk or to be a danger to others.
(c) For purposes of this subsection, “a day or portion of a day” means any time spent in a detention facility following booking.
(d) A defendant shall not earn credit pursuant to paragraph (a) of this subsection while also earning credit pursuant to KRS 534.070.
(6) If a court determines that a defendant shall not be released pursuant to subsection (5) of this section, the court shall document the reasons for denying the release in a written order.
(7) The jailer shall be responsible for tracking the credit earned by a defendant pursuant to subsection (5) of this section.
CREDIT(S)
HISTORY: 2012 c 156, § 1, eff. 7-12-12; 2011 c 2, § 48, eff. 6-8-11
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.067
Effective: June 8, 2011
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.067 Participation in global positioning monitoring system program as condition of pretrial release
When considering the pretrial release of a person whose pretrial risk assessment indicates he or she is a moderate or high risk defendant, the court considering the release may order as a condition of pretrial release that the person participate in a global positioning monitoring system program under the same terms and conditions provided in KRS 431.517 during all or part of the person's period of pretrial release.
CREDIT(S)
HISTORY: 2011 c 2, § 45, eff. 6-8-11
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.070
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.070 When death penalty imposed; punishment of common-law offense--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1127
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.075
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.075 Common-law offenses, penalties for--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1950 c 169
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.076
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.076 Expungement of criminal records for those found not guilty of crimes or for whom charges have been dismissed with prejudice
(1) A person who has been charged with a criminal offense and who has been found not guilty of the offense, or against whom charges have been dismissed with prejudice, and not in exchange for a guilty plea to another offense, may make a motion, in the District or Circuit Court in which the charges were filed, to expunge all records including, but not limited to, arrest records, fingerprints, photographs, index references, or other data, whether in documentary or electronic form, relating to the arrest, charge, or other matters arising out of the arrest or charge.
(2) The expungement motion shall be filed no sooner than sixty (60) days following the order of acquittal or dismissal by the court.
(3) Following the filing of the motion, the court may set a date for a hearing. If the court does so, it shall notify the county or Commonwealth's attorney, as appropriate, of an opportunity for a response to the expungement motion. In addition, if the criminal charge relates to the abuse or neglect of a child, the court shall also notify the Office of General Counsel of the Cabinet for Health and Family Services of an opportunity for a response to the expungement motion. The counsel for the Cabinet for Health and Family Services shall respond to the expungement motion, within twenty (20) days of receipt of the notice, which period of time shall not be extended by the court, if the Cabinet for Health and Family Services has custody of records reflecting that the person charged with the criminal offense has been determined by the cabinet or by a court under KRS Chapter 620 to be a substantiated perpetrator of child abuse or neglect. If the cabinet fails to respond to the expungement motion or if the cabinet fails to prevail, the order of expungement shall extend to the cabinet's records. If the cabinet prevails, the order of expungement shall not extend to the cabinet's records.
(4) If the court finds that there are no current charges or proceedings pending relating to the matter for which the expungement is sought, the court may grant the motion and order the sealing of all records in the custody of the court and any records in the custody of any other agency or official, including law enforcement records. The court shall order the sealing on a form provided by the Administrative Office of the Courts. Every agency, with records relating to the arrest, charge, or other matters arising out of the arrest or charge, that is ordered to seal records, shall certify to the court within sixty (60) days of the entry of the expungement order, that the required sealing action has been completed. All orders enforcing the expungement procedure shall also be sealed.
(5) After the expungement, the proceedings in the matter shall be deemed never to have occurred. The court and other agencies shall reply to any inquiry that no record exists on the matter. The person whose record is expunged shall not have to disclose the fact of the record or any matter relating thereto on an application for employment, credit, or other type of application.
(6) Inspection of the expunged records may thereafter be permitted by the court only upon a motion by the person who is the subject of the records and only to those persons named in the motion.
(7) This section shall be retroactive.
CREDIT(S)
HISTORY: 2005 c 99, § 648, eff. 6-20-05; 2000 c 426, § 1, eff. 7-14-00; 1996 c 374, § 1, eff. 7-15-96
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.078
Effective: June 8, 2011
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.078 Expungement of misdemeanor and violation records of convictions and dismissed or amended charges
(1) Any person who has been convicted of a misdemeanor or a violation, or a series of misdemeanors or violations arising from a single incident, may petition the court in which he was convicted for expungement of his misdemeanor or violation record, including a record of any charges for misdemeanors or violations that were dismissed or amended in the criminal action. The person shall be informed of the right at the time of adjudication.
(2) Except as provided in KRS 218A.275(8) and 218A.276(8), the petition shall be filed no sooner than five (5) years after the completion of the person's sentence or five (5) years after the successful completion of the person's probation, whichever occurs later.
(3) Upon the filing of a petition, the court shall set a date for a hearing and shall notify the county attorney; the victim of the crime, if there was an identified victim; and any other person whom the person filing the petition has reason to believe may have relevant information related to the expungement of the record. Inability to locate the victim shall not delay the proceedings in the case or preclude the holding of a hearing or the issuance of an order of expungement.
(4) The court shall order sealed all records in the custody of the court and any records in the custody of any other agency or official, including law enforcement records, if at the hearing the court finds that:
(a) The offense was not a sex offense or an offense committed against a child;
(b) The person had no previous felony conviction;
(c) The person had not been convicted of any other misdemeanor or violation offense in the five (5) years prior to the conviction sought to be expunged;
(d) The person had not since the time of the conviction sought to be expunged been convicted of a felony, a misdemeanor, or a violation;
(e) No proceeding concerning a felony, misdemeanor, or violation is pending or being instituted against him; and
(f) The offense was an offense against the Commonwealth of Kentucky.
(5) Upon the entry of an order to seal the records, and payment to the circuit clerk of one hundred dollars ($100), the proceedings in the case shall be deemed never to have occurred; all index references shall be deleted; the persons and the court may properly reply that no record exists with respect to the persons upon any inquiry in the matter; and the person whose record is expunged shall not have to disclose the fact of the record or any matter relating thereto on an application for employment, credit, or other type of application. The first fifty dollars ($50) of each fee collected pursuant to this subsection shall be deposited into the general fund, and the remainder shall be deposited into a trust and agency account for deputy clerks.
(6) Copies of the order shall be sent to each agency or official named therein.
(7) Inspection of the records included in the order may thereafter be permitted by the court only upon petition by the person who is the subject of the records and only to those persons named in the petition.
(8) This section shall be deemed to be retroactive, and any person who has been convicted of a misdemeanor prior to July 14, 1992, may petition the court in which he was convicted, or if he was convicted prior to the inception of the District Court to the District Court in the county where he now resides, for expungement of the record of one (1) misdemeanor offense or violation or a series of misdemeanor offenses or violations arising from a single incident, provided that the offense was not one specified in subsection (4) and that the offense was not the precursor offense of a felony offense for which he was subsequently convicted. This section shall apply only to offenses against the Commonwealth of Kentucky.
CREDIT(S)
HISTORY: 2011 c 2, § 97, eff. 6-8-11; 2008 c 158, § 7, eff. 7-1-08; 1996 c 374, § 3, eff. 7-15-96; 1992 c 325, § 1, eff. 7-14-92
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.080
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.080 Conviction of felony does not bar civil remedy
The conviction of a felony shall not stay or merge any civil remedy of the person aggrieved against the felon.
CREDIT(S)
HISTORY: 1942 c 208, § 1, eff. 10-1-42; KS 1127
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.082
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.082 Civil action by victim against defendant; damages; construction
(1) In the event of the conviction of a defendant for the violation of any offense proscribed by KRS Chapter 510 or 531, the person who was the victim of the offense may bring an action in damages against the defendant in the criminal case.
(2) If the plaintiff prevails, he shall be entitled to attorney's fees and all other costs incurred in the bringing of the action, including but not limited to the services of expert witnesses, testing and counseling, medical and psychological treatment, and other expenses reasonably incurred as a result of the criminal act.
(3) Any award of nominal damages shall support an award of attorneys fees and costs to the prevailing party.
(4) Punitive damages as well as compensatory damages shall be awardable in cases brought under this section.
(5) The provisions of this section shall not be construed as repealing any provision of KRS 431.080 or any other applicable statute or of any statutory or common law right of action but shall be construed as ancillary and supplemental thereto.
CREDIT(S)
HISTORY: 1998 c 606, § 165, eff. 7-15-98
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.090
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.090 Limitation of prosecutions and of actions to recover penalties--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1138
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.095
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.095 Process, execution on Sunday
Process on a charge of treason or felony, for a riot or breach of the peace, or upon an escape out of custody, may be executed on Sunday.
CREDIT(S)
HISTORY: 1962 c 234, § 62, eff. 1-1-63; 1942 c 208, § 1; KS 4567
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.100
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.100 Withholding of money payable by Commonwealth to defendant in satisfaction of money judgment in criminal proceeding; fines and forfeitures go to Commonwealth; disposition of fines from offenses relating to alcohol and to criminal littering; monetary penalties payable to person other than circuit clerk; notice to defendant required
(1) When a money judgment is entered against a defendant in a criminal proceeding and each sum, or any part thereof, remains unpaid, there shall be withheld from any disbursement, payment, benefit, compensation, salary, or other transfer of money from the Commonwealth of Kentucky to such defendant an amount equal to the unpaid amount of the judgment. Under no circumstances shall the general fund be used to reimburse court costs or pay for judgment.
(2) Except as provided in this section, all fines and forfeitures imposed by law or ordinance shall inure to and vest in the Commonwealth.
(3) Fines and forfeitures imposed by law for violation of KRS 222.202 or ordinances relating to similar subject matter shall inure to and vest in the Commonwealth and shall be placed in a special fund in the State Treasury, which shall not lapse, and which, effective July 1, 1987, shall be used solely by the Cabinet for Health and Family Services for the provision of treatment and counseling programs for alcoholics.
(4) Sixty percent (60%) of fines for violation of KRS 512.070 shall, when collected, be transferred by the circuit clerk to the county treasurer for inclusion in the general fund of the county in which the offense occurs and forty percent (40%) shall be transferred to the agency that issued the citation.
(5) The court shall not order a fine, forfeiture, service fee, cost, or any other money due the Commonwealth or any other public officer paid to any person or organization other than one specifically required by the Kentucky Revised Statutes, nor shall a court suspend payment of a fine, forfeiture, service fee, cost, or any other money due the Commonwealth if the defendant makes a payment to another person or organization, unless so authorized by the court and the Kentucky Revised Statutes.
(6) When, as authorized in the Kentucky Revised Statutes, a court does order a fine, forfeiture, service fee, cost, or any other monetary penalty to be paid to a person other than the circuit clerk, notice of this order will be served on the defendant and a copy of the order will be delivered to the person. Such an order constitutes a judgment of the court and carries with it all lawful means of enforcement and collection.
CREDIT(S)
HISTORY: 2005 c 99, § 649, eff. 6-20-05; 2002 c 183, § 25, eff. 8-1-02; 2002 c 342, § 12, eff. 7-15-02; 1998 c 426, § 600, eff. 7-15-98; 1996 c 358, § 6, eff. 7-15-97; 1992 c 234, § 1, c 463, § 64, eff. 7-14-92; 1986 c 336, § 8; 1976 ex s, c 14, § 438; 1966 c 255, § 283; 1964 c 125, § 4; 1962 c 234, § 42; 1942 c 208, § 1; KS 1139
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.102
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.102 Service fee on certain misdemeanor convictions--Repealed
CREDIT(S)
HISTORY: 2002 c 183, § 41, eff. 8-1-02; 1994 c 396, § 16, eff. 7-15-94
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.105
Effective: June 25, 2009
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.105 State to receive fines and forfeitures for certain height, width, length, and weight violations
Notwithstanding any other statutory provisions to the contrary, all fines and forfeitures recovered in any court as a result of a conviction for the violation of any of the provisions of KRS 189.221, 189.222(1), or 189.270, which violation occurred on a state-maintained highway and arrest was made by any peace officer other than a member of the Department of Kentucky State Police, Department of Highways, or Department of Vehicle Regulation, shall inure to the benefit of the state, shall be paid to the State Treasurer for the use and benefit of the Department of Highways, and no part shall be returned to the local governmental units from which they were sent. These fines and forfeitures shall be paid into the State Treasury by the court collecting same and within thirty (30) days after imposition and collection.
CREDIT(S)
HISTORY: 2009 c 75, § 21, eff. 6-25-09; 2007 c 85, § 310, eff. 6-26-07; 1962 c 121, eff. 6-14-62; 1952 c 148
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.110
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.110 Fines and forfeitures from county and quarterly courts returned to county--Repealed
CREDIT(S)
HISTORY: 1976 ex s, c 14, § 491, eff. 1-2-78; 1942 c 208, § 1; KS 1139a-1
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.120
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.120 Person first suing entitled to certain fines and forfeitures
The person who first, in good faith, brings an action for and recovers judgment shall be entitled to the penalty incurred by the defendant in all cases where a part or all of the fine or forfeiture is given by law to the person suing. No action or judgment to screen the offender from a penalty, or to prevent an action for the penalty in good faith by another person, shall be available against a prosecution carried on in good faith and without collusion with the defendant.
CREDIT(S)
HISTORY: 1942 c 208, § 1, eff. 10-1-42; KS 1359
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.130
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.130 Confinement in penitentiary, county jail or workhouse; nature
Prisoners sentenced to punishment by confinement in the penitentiary shall be kept at hard labor. If the punishment is imprisonment in the jail of the county, the imprisonment shall be close confinement in the jail of the county where the trial was held, unless otherwise provided. In any jurisdiction where there is a county workhouse the court may in its discretion confine the prisoner to the county workhouse instead of the county jail.
CREDIT(S)
HISTORY: 1974 c 406, § 315, eff. 1-1-75; 1962 c 234, § 43; 1952 c 43, § 2; 1944 c 17; 1942 c 208, § 1; KS 1136
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.140
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.140 Option of working prisoner at community service related project or at hard labor--Repealed
CREDIT(S)
HISTORY: 1990 c 459, § 4, eff. 7-13-90; 1982 c 428, § 1; 1974 c 406, § 316; 1942 c 208, § 1; KS 1377, 1378
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.150
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.150 Defendant credited for time imprisoned during inability to secure bail--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 165, § 1, 2, c 208, § 1; KS 1142a
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.155
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.155 Jail time prior to sentence to state institution to be credited against sentence; how applied--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1968 c 137
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.160
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.160 Accessory before the fact; how punishable--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1128
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.170
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.170 Accessory after the fact; how punishable--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1129
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.180
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.180 Confession of judgment--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1363
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.190
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.190 Conviction of felony; punishment on second and third offenses--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1130
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.200
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.200 Reparation for property stolen or damaged, from person convicted
Any person convicted of a misdemeanor or felony for taking, injuring or destroying property shall restore the property or make reparation in damages if not ordered as a condition of probation. The court in which the conviction is had, if applied to by verified petition made within ninety (90) days of the date the sentence was pronounced, may order restitution or give judgment against the defendant for reparation in damages, and enforce collection by execution or other process. In a petition for restitution or reparation, the court shall cause the defendant, if in custody, to be brought into court, and demand of him if he has any defense to make to the petition. If he consents to the restitution or to reparation in damages in an agreed sum, the court shall give judgment accordingly. Otherwise a jury shall be impaneled to try the facts and ascertain the amount and the value of the property, or assess the damage, as the case may be. A failure to pursue this remedy shall not deprive the person aggrieved of his civil action for the injury sustained.
CREDIT(S)
HISTORY: 1980 c 162, § 1, eff. 7-15-80; 1976 ex s, c 14, § 439; 1942 c 208, § 1; KS 1132, 1135
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.210
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.210 Return of property stolen if accused does not appear
If any person indicted for stealing property, or for having stolen property in his possession, breaks jail, forfeits his recognizance, or otherwise fails to appear for trial at the proper time, the person claiming the property may make a motion in the court in which the indictment is pending for the return of the property to him. The claim shall be supported by the affidavit of the person claiming the property. The motion shall be continued for thirty (30) days before final action is taken. A notice of the motion, served upon the attorney for the Commonwealth, shall be taken as a notice served upon the person named in the indictment, and shall give the court jurisdiction of the matter. The attorney for the Commonwealth shall defend the motion. A jury shall try the facts, and if it finds in its verdict that the claimant is entitled to the possession of the property, the court shall enter judgment accordingly. The court may enforce the judgment by rule, attachment and imprisonment as in cases of contempt. The costs of the proceedings shall be paid by the claimant, for which he may have judgment and execution against the person stealing the property.
CREDIT(S)
HISTORY: 1976 ex s, c 14, § 440, eff. 1-2-78; 1942 c 208, § 1; KS 1133, 1134
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.213
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.213 Definitions for KRS 431.213, 431.2135, and 431.240
As used in KRS 431.2135 and 431.240:
(1) “Condemned person” means a person for whom a specific day of execution is fixed by a mandate from the Kentucky Supreme Court or a warrant signed by the Governor.
(2) “Insane” means the condemned person does not have the ability to understand:
(a) That the person is about to be executed; and
(b) Why the person is to be executed.
CREDIT(S)
HISTORY: 1998 c 606, § 156, eff. 7-15-98
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.2135
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.2135 Procedure for challenging condemned person's sanity
This section shall provide the exclusive procedure for challenging a condemned person's sanity, unless the Supreme Court of Kentucky expressly adopts a rule of court providing otherwise.
(1) A condemned person or the person's attorney may file a motion for stay of execution on the grounds that the condemned person is insane. The motion shall be filed in the Circuit Court of the county where the condemned person is incarcerated, or the county in which the condemned person was convicted, and shall be supported by at least two (2) affidavits. The Attorney General shall file a response within the time ordered by the court.
(2) Upon receiving a motion under subsection (1) of this section, the court shall order the condemned person to be evaluated by at least two (2) licensed mental health professionals and shall order the mental health professionals to submit their written evaluation to the court within ten (10) days of the evaluation. The court shall then schedule and conduct a hearing as soon as possible to determine whether the condemned person is insane.
(3) The court shall base its determination of insanity on a preponderance of the evidence. The court's determination may be appealed to the Supreme Court by the condemned person or the Attorney General.
(4) If the condemned person is determined to be insane, he or she shall be committed to the Kentucky Correctional Psychiatric Center. The treating psychiatrist shall then report, once each month or more frequently if the court orders, to the court and the condemned person's counsel on the progress the condemned person has made and whether there is a substantial probability that the person will become sane. If at any time a psychiatrist treating or evaluating the person determines the person to be sane, the psychiatrist shall immediately report that fact to the court.
(5) Upon receiving a report that a condemned person has become sane, the court shall schedule an evaluation and conduct a hearing in accordance with subsections (2) and (3) of this section to determine sanity. The court's determination may be appealed to the Supreme Court by the condemned person or the Attorney General.
CREDIT(S)
HISTORY: 1998 c 606, § 158, eff. 7-15-98
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.215
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.215 Conveyance of prisoner to institution of confinement
(1) If the judgment imposes a sentence of death or confinement in the penitentiary, county jail or other institution, two (2) certified copies thereof shall be furnished forthwith to the sheriff who shall execute the same by delivering the defendant and a certified copy of the judgment to the person in charge of the penitentiary, jail or institution of confinement and making a written return thereof in the office of the circuit clerk within ten (10) days after the execution.
(2) When the judgment imposes a sentence of death or confinement in the penitentiary, the county in which the prisoner is incarcerated shall receive from the State Treasury a fee per day beginning on the fifth day following the day on which judgment was rendered and ending the day that the defendant is delivered to the penitentiary. The fee shall be paid to the county treasurer for use for the incarceration of prisoners as provided in KRS 441.025.
CREDIT(S)
HISTORY: 1986 c 382, § 2, eff. 7-15-86; 1984 c 415, § 11; 1976 ex s, c 14, § 441; 1962 c 234, § 44; 1942 c 208, § 1; KS 1137-2
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.216
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.216 Commitment of person convicted of felony--Repealed
CREDIT(S)
HISTORY: 1974 c 74, § 336, eff. 1-1-75; 1970 c 91, § 1
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.218
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.218 Date of execution of condemned; copy of mandate to proper officer
When a judgment sentencing the defendant to death has been affirmed, the mandate shall fix the day of the execution as the fifth Friday following the date of the mandate of the court. The clerk of the Supreme Court shall transmit either by special messenger or by certified mail, return receipt requested, a certified copy of the mandate to the proper officer which shall be the authority of such officer to carry the mandate into effect. The officer receiving the copy shall report his action both to the governor and to the circuit court. If from any cause the execution does not take place on the day appointed in the mandate, the governor may from time to time appoint another day for execution until the sentence is carried into effect.
CREDIT(S)
HISTORY: 1980 c 114, § 105, eff. 7-15-80; 1976 c 62, § 126; 1974 c 315, § 86; 1962 c 234, § 45
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.220
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.220 Execution of death sentence
(1) (a) Except as provided in paragraph (b) of this subsection, every death sentence shall be executed by continuous intravenous injection of a substance or combination of substances sufficient to cause death. The lethal injection shall continue until the prisoner is dead.
(b) Prisoners who receive a death sentence prior to March 31, 1998, shall choose the method of execution described in paragraph (a) of this subsection or the method of execution known as electrocution, which shall consist of passing through the prisoner's body a current of electricity of sufficient intensity to cause death as quickly as possible. The application of the current shall continue until the prisoner is dead. If the prisoner refuses to make a choice at least twenty (20) days before the scheduled execution, the method shall be by lethal injection.
(2) All executions of the death penalty by electrocution or lethal injection shall take place within the confines of the state penal institution designated by the Department of Corrections, and in an enclosure that will exclude public view thereof.
(3) No physician shall be involved in the conduct of an execution except to certify cause of death provided that the condemned is declared dead by another person.
CREDIT(S)
HISTORY: 1998 c 220, § 1, eff. 3-31-98; 1992 c 211, § 84, eff. 7-14-92; 1986 c 331, § 51; 1942 c 208, § 1; KS 1137-1
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.223
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.223 Method of execution in event of unconstitutionality of KRS 431.220
If a court holds KRS 431.220 unconstitutional, the prisoner shall be executed in the manner provided by KRS 431.220 as that statute read before March 31, 1998.
CREDIT(S)
HISTORY: 1998 c 220, § 4, eff. 3-31-98
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.224
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.224 Retroactive applicability
KRS 431.220, 431.223, 431.240, and 431.250 shall apply retroactively to all prisoners sentenced to death before March 31, 1998.
CREDIT(S)
HISTORY: 1998 c 220, § 5, eff. 3-31-98
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.230
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.230 Conveyance of prisoner to institution of confinement--Renumbered
CREDIT(S)
HISTORY: 1962
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.240
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.240 Time of execution; Governor to fix time in case of insanity, pregnancy, or escape; administrative hearings; transfer to forensic psychiatric facility in case of insanity
(1) Unless the execution is stayed for any cause, the warden of the institution or his deputy shall proceed, on the day named in the judgment of conviction, a governor's warrant, or an order of the court, to cause the condemned person to be executed. The execution shall take place at a time designated by the warden of the institution where the execution is to take place on the day designated in the judgment of conviction, the governor's warrant, or an order of the court.
(2) If the condemned person is insane, as defined in KRS 431.213 or pregnant with child on the day designated for the execution, the execution shall be suspended until the condemned is restored to sanity or is delivered of child. The execution shall then take place under the warrant of the Governor and at the time designated by him, unless stayed by due process of law. If execution is suspended on the ground of insanity, the commissioner of the Department of Corrections shall transfer the condemned person to the Kentucky Correctional Psychiatric Center until the time he is restored to sanity. Any administrative hearings authorized under authority of this section shall be conducted in accordance with KRS Chapter 13B.
(3) If the condemned person escapes from custody and is recaptured after the expiration of the date fixed for the execution, the Governor, upon receiving written notice of the recapture from the warden of the institution, shall send his warrant of execution to the warden by special messenger and shall name therein the day of execution. The warden shall then proceed to the execution thereof according to the provisions of KRS 431.215 to 431.270.
(4) When a judgment of death has not been executed on the day appointed therefor by the court, from any cause, the Governor, by a warrant under his hand and the seal of the Commonwealth, shall fix the day of the execution, which warrant shall be obeyed by the warden of the institution.
CREDIT(S)
HISTORY: 1998 c 220, § 2, eff. 3-31-98; 1998 c 606, § 157, eff. 7-15-98; 1996 c 318, § 356, eff. 7-15-96; 1992 c 211, § 85, eff. 7-14-92; 1986 c 331, § 52; 1980 c 295, § 91; 1976 c 332, § 30; 1962 c 234, § 46; 1944 c 145; 1942 c 208, § 1; KS 1137-3, 1137-7, 1137-8
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.250
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.250 Persons who may attend executions
The following persons, and no others, may attend an execution: The executioner and the warden of the institution and his deputy or deputies and guards; the sheriff of the county in which the condemned was convicted; the commissioner of the Department of Corrections and representatives of the Department of Corrections designated by him; the physician and chaplain of the institution; a clergyman and three (3) other persons selected by the condemned; three (3) members of the victim's family designated by the commissioner from among the victim's spouse, adult children, parents, siblings, and grandparents; and nine (9) representatives of the news media as follows: one (1) representative from the daily newspaper with the largest circulation in the county where the execution will be conducted, one (1) representative from Associated Press Wire Service, one (1) representative from Kentucky Network, Inc., three (3) representatives for radio and television media within the state, and three (3) representatives for newspapers within the state. Use of audiovisual equipment by the representatives is prohibited during the execution. The Department of Corrections shall issue administrative regulations which govern media representation during the execution.
CREDIT(S)
HISTORY: 1998 c 220, § 3, eff. 3-31-98; 1992 c 211, § 86, eff. 7-14-92; 1986 c 156, § 1; 1942 c 208, § 1; KS 1137-4
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.260
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.260 Warden's return on judgment
The warden of the penitentiary shall make due return, on the copy of the judgment of the court pronouncing the death sentence, of the manner, time and place of its execution by him. The return shall be filed by the clerk of the court in the papers of the case in his office.
CREDIT(S)
HISTORY: 1942 c 208, § 1, eff. 10-1-42; KS 1137-5
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.270
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.270 Delivery or burial of body
The body of the condemned shall be delivered to any friend or relative making request for it. The expense for the return of the body to its home, not to exceed thirty dollars ($30), shall be paid out of the appropriations to the Department of Corrections. If no request is made, the body shall be buried, and the cost of the burial, not to exceed thirty dollars ($30), shall be paid out of the appropriations to the Department of Corrections.
CREDIT(S)
HISTORY: 1992 c 211, § 87, eff. 7-14-92; 1942 c 208, § 1; KS 1137-6
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.350
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.350 Consumer reporting agency records restriction; penalty--Repealed
CREDIT(S)
HISTORY: 1980 c 49, § 22, eff. 7-15-80; 1974 c 119, § 1
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.400
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.400 Summons to issue in case of accidental homicide by motor vehicle
In the case of accidental homicide by motor vehicle, when no arrest is made at the scene of the accident and a complaint is later filed against the driver, the court shall not issue a warrant for the arrest of the driver unless there is reason to believe that the driver will flee to avoid a summons or unless circumstances within the discretion of the court require the issuance of a warrant. Instead of a warrant, a summons shall be issued and served upon the driver to have him appear for arraignment and plea at a certain time.
CREDIT(S)
HISTORY: 1976 c 373, § 1, eff. 6-19-76
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.410
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.410 When issuance of summons is mandatory
The issuance of a summons rather than an arrest warrant shall be mandatory for all offenses, except for violations of KRS 189.290, 189.393, 189.520, 189.580, 511.080 or 525.070, which are deemed violations as defined in KRS 532.020(4) and traffic infractions for which a fine only can be imposed unless the judicial officer finds that:
(1) The defendant previously has failed to respond to a citation or summons for an offense; or
(2) He has no ties to the community and there is a substantial likelihood that he will refuse to respond to a summons; or
(3) The whereabouts of the defendant are unknown and the issuance of an arrest warrant is necessary in order to subject him to the jurisdiction of the court; or
(4) Where arrest is necessary to prevent imminent bodily harm to the accused or to another; or
(5) For any other good and compelling reason as determined by the judicial officer.
CREDIT(S)
HISTORY: 1980 c 309, § 4, eff. 7-15-80; 1978 c 249, § 1; 1976 c 373, § 2
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.420
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
431.420 City police to serve warrant, when
Any warrant issued by District Court for an offense committed within a city shall be served by the police department of that city if the warrant is to be served within the city limits.
CREDIT(S)
HISTORY: 1978 c 249, § 2, eff. 6-17-78
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.450
Effective: June 26, 2007
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
Uniform Traffic Citation
431.450 Uniform citation
(1) The Department of Kentucky State Police in consultation with the Transportation Cabinet shall design, print, and distribute to all law enforcement agencies in the Commonwealth a uniform citation.
(2) The citation shall:
(a) Be approved by the Supreme Court;
(b) Consist of an original document and five (5) copies;
(c) Be serially numbered in such a manner that the year of issue and the individual citation number may be readily ascertained; and
(d) Contain such other information as may be required by the Supreme Court.
(3) The Circuit Court clerk shall maintain a system of accountability for all citations issued in accordance with rules and regulations issued by the Supreme Court to assure that citations are not wrongfully destroyed, tampered with, or otherwise compromised in any manner.
(4) All peace officers in the Commonwealth shall use the uniform citation for all violations of the traffic laws and for all felonies, misdemeanors, and violations.
CREDIT(S)
HISTORY: 2007 c 85, § 311, eff. 6-26-07; 1986 c 389, § 28, eff. 7-15-86; 1978 c 26, § 2; 1976 ex s, c 36, § 3
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.4505
Effective: June 26, 2007
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
Uniform Traffic Citation
431.4505 Modification of uniform citation to include alcohol concentration and testing information
The Justice and Public Safety Cabinet shall modify the uniform citation form to include spaces where the peace officer may include:
(1) The alcohol concentration in cases of violation of KRS 189A.010; and
(2) Whether the defendant did take, refused to take, or was unable to take for some reason (to be specified on the citation), the alcohol concentration or drug test or tests specified by the peace officer following an arrest for violation of KRS 189A.010.
CREDIT(S)
HISTORY: 2007 c 85, § 312, eff. 6-26-07; 1991 1st ex s, c 15, § 13, eff. 7-1-91
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.451
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
Uniform Traffic Citation
431.451 Delineation of offenses for which fines may and may not be prepaid--Repealed
CREDIT(S)
HISTORY: 2000 c 512, § 14, eff. 7-14-00; 1990 c 207, § 2, c 455, § 35, c 474, § 10, eff. 7-13-90; 1988 c 347, § 3, c 72, § 2, c 365, § 19; 1986 c 336, § 7; 1980 c 188, § 299; 1978 c 26, § 3
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.452
Effective: July 15, 2008
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
Uniform Traffic Citation
431.452 Prepayment of fines subject to certain conditions
(1) An offense which is designated as subject to prepayment by specific statutory designation may be prepaid by the violator subject to the terms and conditions of the statute involved.
(2) When an offense that is not designated as subject to prepayment by specific statutory designation is cited on the same citation with another offense that is subject to prepayment, the officer shall cite the violator to court for all cited offenses. However, if the offense for which prepayment is not allowed is dismissed by the judge prior to the court date listed on the citation, the offense subject to prepayment by specific statutory designation may be prepaid by the violator, and the violator shall not be required to appear in court.
(3) An offense which is designated as subject to prepayment is subject to the following conditions:
(a) Designation as subject to prepayment does not preclude a physical arrest by a peace officer for that offense;
(b) Designation as subject to prepayment shall preclude a requirement that the defendant make a court appearance on a uniform citation;
(c) Except as provided for in KRS 189.990(26), for any offense designated as subject to prepayment, the defendant may elect to pay the minimum fine for the offense plus court costs to the circuit clerk before the date of his trial or be tried in the normal manner, unless the citation is marked for mandatory court appearance pursuant to KRS 431.015 or subsection (2) of this section, except that the fine for violations of KRS 189.221, 189.222, 189.226, 189.270, or 189.271 shall be in accordance with KRS 189.990(2)(a) and the defendant shall not be allowed to pay the minimum fine as otherwise allowed by this paragraph; and
(d) Prepayment of the fine and costs shown on the citation or accompanying schedule shall be considered as a plea of guilty for all purposes.
(4) When a peace officer issues a uniform citation and no physical arrest is made he or she shall, where the citation is designated as subject to prepayment, mark the citation as “PAYABLE”, except as provided in KRS 431.015 or subsection (2) of this section.
(5) The Administrative Office of the Courts, after consultation with the Department of Kentucky State Police, the Transportation Cabinet, the Division of Forestry, the Department of Fish and Wildlife Resources, and a representative of law enforcement shall develop a prepayable fine and cost schedule and a uniform statewide instruction sheet for the Commonwealth.
CREDIT(S)
HISTORY: 2008 c 108, § 4, eff. 7-15-08; 2007 c 85, § 313, eff. 6-26-07; 2006 c 180, § 11, eff. 7-12-06; 2000 c 512, § 11, eff. 7-14-00; 1978 c 26, § 5, eff. 3-3-78
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.455
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
Uniform Traffic Citation
431.455 Prohibitions; penalty
(1) No peace officer or other person shall invalidate, or attempt to invalidate, destroy or attempt to destroy a record copy of a uniform citation which has been lawfully issued.
(2) No peace officer or other person to whom uniform citations are distributed, prior to issuance to a violator, shall fail to properly account for uniform citations issued to him or to his agency as required by KRS 431.450 and the regulations issued thereunder.
(3) No person required to file reports pursuant to KRS 431.450 and the regulations issued thereunder shall fail to file the reports within the time limits specified.
(4) Any peace officer or other person who violates the provisions of this section shall be guilty of a Class B misdemeanor.
CREDIT(S)
HISTORY: 1978 c 26, § 4, eff. 3-3-78; 1976 ex s, c 36, § 4
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.510
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
Bail Bonds
431.510 Prohibitions
(1) It shall be unlawful for any person to engage in the business of bail bondsman as defined in subsection (3) of this section, or to otherwise for compensation or other consideration:
(a) Furnish bail or funds or property to serve as bail; or
(b) Make bonds or enter into undertakings as surety;
for the appearance of persons charged with any criminal offense or violation of law or ordinance punishable by fine, imprisonment or death, before any of the courts of this state, including city courts, or to secure the payment of fines imposed and of costs assessed by such courts upon a final disposition.
(2) Nothing contained herein shall serve to release any bail bondsman heretofore licensed by this state from the obligation of undischarged bail bond liability existing on June 19, 1976.
(3) “Bail bondsman” shall mean any person, partnership, or corporation engaged for profit in the business of furnishing bail, making bonds or entering into undertakings, as surety, for the appearance of persons charged with any criminal offense or violation of law or ordinance punishable by fine, imprisonment, or death, before any of the courts of this state, or securing the payment of fines imposed and of costs assessed by such courts upon final disposition thereof, and the business of a bail bondsman shall be limited to the acts, transactions, and undertakings described in this subsection and to no other.
(4) KRS 431.510 to 431.550 shall not be construed to limit or repeal KRS 431.021 or to prevent licensed insurers providing security required by Subtitle 39 of KRS Chapter 304 and nonprofit associations from posting or causing to be posted by licensed insurers security or acting as surety for their insureds or members for an offense arising from the operation of a motor vehicle, provided that such posting of security or acting as surety is merely incidental to the terms and conditions of an insurance contract or a membership agreement and provided further that no separate premium or charge therefor is required from the insureds or members.
CREDIT(S)
HISTORY: 2004 c 24, § 47, eff. 7-13-04; 1976 c 2, § 1, eff. 6-19-76
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.515
Effective: July 15, 2010
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
Bail Bonds
431.515 Pretrial release investigation and services; provision of information on services and programs for combat veterans
(1) All trial courts in this Commonwealth having jurisdiction of criminal causes shall provide such pretrial release investigation and services as necessary to effectuate the purposes of KRS 431.510 to 431.550, including KRS 431.518, and, where practical, to assist in the earliest possible determination of:
(a) Whether a person is a needy person under KRS Chapter 31; and
(b) Whether a person has been in combat by asking the question, “Have you served in the National Guard or the United States Armed Forces and been in combat?” during the pretrial release investigation.
(2) The Supreme Court may by appropriate rule or order establish and provide for such pretrial investigation and release services including, where practical, the taking of financial statements, and the court's determination of whether a person is a needy person as provided in KRS 31.120.
(3) Pretrial officers shall give contact information on the Kentucky National Guard Family Services Program within the Kentucky Department of Military Affairs or similar programs which provide a full range of services for combat veterans to any person who states that he or she has been in combat, including an opportunity to call the program during the interview.
CREDIT(S)
HISTORY: 2010 c 145, § 1, eff. 7-15-10; 2009 c 96, § 2, eff. 3-24-09; 1978 c 27, § 1, eff. 6-17-78; 1976 ex s, c 24, § 5; 1976 c 2, § 2
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.517
Effective: July 15, 2010
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
Bail Bonds
431.517 Authorization for home incarceration as a form of pretrial release; court ordered participation in global positioning monitoring system; costs
(1) Except as provided in this section, home incarceration may be ordered as a form of pretrial release, subject to the conditions imposed by the provisions of KRS 532.200 to 532.250.
(2) A court ordering home incarceration as a form of pretrial release pursuant to this section may order the defendant to participate in a global positioning monitoring system program during all or part of the time of pretrial release through the use of a county-operated program pursuant to KRS 67.732 and 67.374 and not a program operated by the Department of Corrections pursuant to KRS 532.210 to 532.250.
(3) A court ordering global positioning monitoring system program participation for a defendant pursuant to this section shall:
(a) Require the defendant to pay all or the part of the monitoring costs based on the sliding scale adopted by the Supreme Court of Kentucky as specified in 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 circuit clerk, Commonwealth's attorney, or county attorney, as appropriate, or pretrial release services 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 defendant's monitoring costs specified in KRS 403.761.
CREDIT(S)
HISTORY: 2010 c 170, § 11, eff. 7-15-10; 1996 c 45, § 1, eff. 7-15-96
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.518
Effective: July 15, 2010
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
Bail Bonds
431.518 Pretrial release of felony drug offender or felony offender with a history of substance abuse; conditions
When considering the pretrial release of a person charged with a felony offense under KRS Chapter 218A or a person charged with a felony offense whose criminal record indicates a history of recent and relevant substance abuse, the court considering the release shall cause the court's pretrial release investigation and services office to have the person screened for recent and relevant substance abuse risk factors. A person's refusal to participate in the screening shall not disqualify the person from being granted pretrial release. If this screening indicates the presence of recent and relevant substance abuse risk factors, the court may order as a condition of pretrial release that the person:
(1) Undertake any testing ordered by the court under KRS 431.520 or 431.525;
(2) Participate in an additional assessment of the person's condition;
(3) Participate in a secular or faith-based treatment or recovery program if one (1) is identified as appropriate to the person as a result of the person's initial assessment or an additional assessment performed under subsection (2) of this section;
(4) Appear at any subsequent hearing ordered by the court where the person's conditions of pretrial release may be reviewed and modified as the result of any testing performed under subsection (1) of this section, any additional assessment performed under subsection (2) of this section, any additional assessment of the defendant performed by a qualified mental health professional which the defendant may offer for the court's consideration, or the person's compliance with any treatment or recovery plan ordered by the court under subsection (3) of this section; and
(5) 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, during all or part of the person's period of release pursuant to this section.
CREDIT(S)
HISTORY: 2010 c 170, § 12, eff. 7-15-10; 2009 c 96, § 3, eff. 3-24-09
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.520
Effective: July 12, 2012
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
Bail Bonds
431.520 Release on personal recognizance or unsecured bail bond; conditions of release
Any person charged with an offense shall be ordered released by a court of competent jurisdiction pending trial on his personal recognizance or upon the execution of an unsecured bail bond in an amount set by the court or as fixed by the Supreme Court as provided by KRS 431.540, unless the court determines in the exercise of its discretion that such a release will not reasonably assure the appearance of the person as required, or the court determines the person is a flight risk or a danger to others. When such a determination is made, the court shall, either in lieu of or in addition to the above methods of release, impose any of the following conditions of release:
(1) Place the person in the custody of a designated person or organization agreeing to supervise him;
(2) Place restrictions on the travel, association, or place of abode of the person during the period of release;
(3) Require the execution of a bail bond:
(a) With sufficient personal surety or sureties acceptable to the court; in determining the sufficiency of such surety or sureties, the court shall consider his character, his place of residence, his relationship with the defendant, and his financial and employment circumstances; or
(b) With the ten percent (10%) deposit as provided in KRS 431.530; provided that if the defendant is permitted to earn credit toward bail pursuant to KRS 431.066, that credit shall be applied to the ten percent (10%) deposit; or
(c) With the deposit of cash equal to the amount of the bond or in lieu thereof acceptable security as provided in KRS 431.535;
(4) If the person's record indicates a history of controlled substance or alcohol abuse, order the person to submit to periodic testing for use of controlled substances or alcohol and pay a reasonable fee, not to exceed the actual cost of the test and analysis, as determined by the court with the fee to be collected by the circuit clerk, held in an agency account, and disbursed, on court order, solely to the agency or agencies responsible for testing and analysis as compensation for the cost of the testing and analysis performed under this subsection. If the person is declared indigent, the testing fee may be waived by the court. The Administrative Office of the Courts shall establish pilot projects to implement the provisions of this subsection;
(5) (a) During all or part of a person's period of release pursuant to this section, order the person to participate in a global positioning monitoring system program operated by a county pursuant to KRS 67.372 and 67. 374 under the same terms and conditions provided under KRS 431.517.
(b) If the person is charged with a sex crime as defined in KRS 17.500, consider requiring that he or she be monitored electronically, and shall consider requiring the person be subject to home incarceration;
(6) Impose any other condition deemed reasonably necessary to assure appearance as required, including a condition requiring that the person return to custody after specified hours;
(7) A court authorizing the release of a person pursuant to this section shall cause the issuance of an appropriate order containing a statement of the conditions imposed, if any, shall cause such person to be informed of the penalties applicable to violations of the conditions of his release, and shall cause him to be informed that a warrant for his arrest will be issued immediately upon any such violation;
(8) A person for whom conditions of release are imposed and who after twenty-four (24) hours from the time of the imposition of said conditions continues to be detained as a result of his inability to meet the conditions of release shall, upon written application or upon the court's own motion, be entitled to have the conditions reviewed by the court which imposed them. A person who is ordered released on a condition which requires that he return to custody after specified hours shall, upon written application or upon the court's own motion, be entitled to a review by the court which imposed the condition; or
(9) If at any time following release of a defendant and before he is required to appear for trial, the court is advised of a material change in the defendant's circumstances or that he has not complied with all conditions imposed upon his release, the court having jurisdiction may:
(a) Order the arrest of the defendant;
(b) Enter an order requiring the defendant, his surety or sureties to appear and show cause why the bail bond should not be forfeited or the conditions of his release be changed; or
(c) Both.
A copy of said order shall be served upon the defendant, his surety or sureties. If the defendant fails to appear before the court as ordered or if, after hearing, the court finds the conditions of release have not been complied with, the court may change the conditions imposed or forfeit the bail bond or any portion thereof and enter a judgment for the Commonwealth against the defendant and his surety or sureties for the amount of the bail bond or any portion thereof and cost of the proceedings.
CREDIT(S)
HISTORY: 2012 c 156, § 2, eff. 7-12-12; 2010 c 170, § 13, eff. 7-15-10; 2006 c 182, § 25, eff. 7-12-06; 1998 c 606, § 32, eff. 7-15-98; 1976 c 2, § 3, eff. 6-19-76
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.523
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
Bail Bonds
431.523 Bail for nonresidents charged with driving under the influence
(1) Bail for persons who are not residents of Kentucky who are charged with a violation of KRS 189A.010 shall be five hundred dollars ($500) unless the defendant was involved in a motor vehicle accident in which property damage or physical injury to a person was involved in which case bail shall be one thousand five hundred dollars ($1,500). In the event of serious physical injury or death the minimum amount of bail shall be five thousand dollars ($5,000).
(2) No court shall release a person charged with a violation of KRS 189A.010 who is not a resident of Kentucky without the imposition of bail as required by subsection (1) of this section. Bail in subsection (1) of this section shall be accepted in the full cash amount only, or with court approved surety for that amount, and no other form of bail shall be acceptable.
CREDIT(S)
HISTORY: 1984 c 165, § 14, eff. 7-13-84
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.525
Effective: June 8, 2011
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
Bail Bonds
431.525 Conditions for establishing amount of bail; pilot projects for controlled substance or alcohol abuse testing
(1) The amount of the bail shall be:
(a) Sufficient to insure compliance with the conditions of release set by the court;
(b) Not oppressive;
(c) Commensurate with the nature of the offense charged;
(d) Considerate of the past criminal acts and the reasonably anticipated conduct of the defendant if released; and
(e) Considerate of the financial ability of the defendant.
(2) When a person is charged with an offense punishable by fine only, the amount of the bail bond set shall not exceed the amount of the maximum penalty and costs.
(3) When a person has been convicted of an offense and only a fine has been imposed, the amount of the bail shall not exceed the amount of the fine.
(4) When a person has been charged with one (1) or more misdemeanors, the amount of the bail for all charges shall be encompassed by a single amount of bail that shall not exceed the amount of the fine and court costs for the one (1) highest misdemeanor charged. This subsection shall apply only to misdemeanor offenses not involving physical injury or sexual contact.
(5) When a person has been convicted of a misdemeanor offense and a sentence of jail, probation, conditional discharge, or sentence other than a fine only has been imposed, the amount of bail for release on appeal shall not exceed double the amount of the maximum fine that could have been imposed for the one (1) highest misdemeanor offense for which the person was convicted. This subsection shall apply only to misdemeanors not involving physical injury or sexual contact.
(6) The provisions of this section shall not apply to a defendant who is found by the court to present a flight risk or to be a danger to others.
(7) If a court determines that a defendant shall not be released pursuant to subsection (6) of this section, the court shall document the reasons for denying the release in a written order.
(8) The Administrative Office of the Courts shall establish pilot projects to implement controlled substance or alcohol abuse testing as specified under this subsection. If the person's record indicates a history of controlled substance or alcohol abuse, the court may order the person to submit to periodic testing for use of controlled substances or alcohol and to pay a reasonable fee, not to exceed the actual cost of the test and analysis, as determined by the court, with the fee to be collected by the circuit clerk, held in an agency account, and disbursed, on court order, solely to the agency or agencies responsible for testing and analysis as compensation for the cost of the testing and analysis performed under this subsection. If the person is declared indigent, the testing fee may be waived by the court. If the court finds the conditions of release have not been complied with, the court may change the conditions imposed or forfeit the bail bond or any portion thereof and enter a judgment for the Commonwealth against the person and his surety or sureties for the amount of the bail bond or any portion thereof and the cost of the proceedings.
CREDIT(S)
HISTORY: 2011 c 2, § 47, eff. 6-8-11; 1998 c 606, § 33, eff. 7-15-98; 1976 c 2, § 4, eff. 6-19-76
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.530
Effective: July 12, 2012
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
Bail Bonds
431.530 Deposit of bail security; payments into public advocate special account; return of deposit when innocent or charges dropped or dismissed
(1) Any person who has been permitted to execute a bail bond in accordance with KRS 431.520(3)(b) shall deposit with the clerk of the court before which the action is pending a sum of money equal to ten percent (10%) of the bail, but in no event shall such deposit be less than ten dollars ($10) unless the defendant earned full credit toward the applicable amount of bail pursuant to KRS 431.066, in which case the defendant shall not be required to make a deposit with the clerk of the court.
(2) Upon depositing said sum the defendant shall be released from custody subject to all conditions of release imposed by the court.
(3) Except as provided in subsection (5) of this section, if the conditions of release have been performed and the defendant has been discharged from all obligations in the action the clerk of the court shall return to the defendant, unless the court orders otherwise, ninety percent (90%) of the sum deposited and shall retain as bail costs ten percent (10%) of the amount deposited; provided, however, in no event shall the amount retained by the clerk as bail costs be less than five dollars ($5). It is further provided that the court shall order the clerk of court to pay into the public advocate special account any amount of the sum deposited by the defendant, in excess of bail costs, which in its sound discretion represents a reasonable fee for any public advocate legal or investigative services provided for the defendant under KRS Chapter 31, but in no event shall the amount so paid to the public advocate special account as public advocate legal and investigative fees be less than five dollars ($5) per case. At the request of the defendant the court may order the amount repayable to defendant from such deposit to be paid to defendant's attorney of record.
(4) Except as provided in subsection (5) of this section, if a final judgment for a fine and court costs or either is entered in the prosecution of an action in which a deposit has been made in accordance with subsection (1) of this section, the balance of such deposit, after deduction of bail costs and public advocate fees as provided for in subsection (3) of this section, shall be applied to the satisfaction of the judgment.
(5) If the defendant has performed all conditions of release and if the defendant is found not guilty of the offense for which bail was posted, or if all charges against him relating to the offense for which bail was posted are dropped or dismissed, then all bail money deposited by the defendant or by another person on his behalf shall be returned to him with no deductions therefrom as provided in subsection (3) or (4) of this section.
CREDIT(S)
HISTORY: 2012 c 156, § 3, eff. 7-12-12; 1979 ex s, c 7, § 9, eff. 7-1-79; 1978 c 384, § 118; 1976 ex s, c 24, § 6; 1976 c 2, § 5
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.5305
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
Bail Bonds
431.5305 Jailer permitted to prepare or accept bail bond; fee; reporting
With the approval of the fiscal court of the county in which the prisoner is incarcerated, the jailer may prepare or accept a bail bond pursuant to KRS 30A.060(3). In this case, he shall collect a fee of five dollars ($5) from the defendant. The jailer shall furnish the defendant with a written receipt for the fee. By the tenth day of each month, the jailer shall:
(1) Report the previous month's bonding fees to the county treasurer; and
(2) Submit the previous month's bonding fees to the county treasurer for inclusion in the jail fund.
CREDIT(S)
HISTORY: 1992 c 89, § 4, eff. 7-14-92
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.531
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
Bail Bonds
431.531 Statement of collections to be filed; funds to be sent to State Treasury; certification of amounts and publication of annual audit by administrative office of the courts
(1) Each Circuit Court clerk shall, on the first day of each month, send to the Finance and Administration Cabinet, a statement, subscribed and sworn to by him, showing the amount of money received or collected by or for him the preceding month pursuant to KRS 431.530(3) and shall, with such statements, send to the State Treasury the amount so collected for deposit to the credit of the general fund.
(2) The Circuit Court clerk shall send to the State Treasury for credit to the general fund all balances from fees collected pursuant to KRS 431.530.
(3) The Administrative Office of the Courts shall certify to the Finance and Administration Cabinet on an annual basis that all funds collected have been duly reported by the circuit clerk in accordance with KRS 30A.120.
(4) The Administrative Office of the Courts shall cause to be published an annual audit of the funds collected pursuant to KRS 30A.120 no later than December 1 for the preceding fiscal year receipts.
CREDIT(S)
HISTORY: 1976 ex s, c 21, § 26, eff. 1-2-78
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.532
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
Bail Bonds
431.532 Bail deposits by person other than defendant
When deposits of money are made by a person other than the defendant utilizing funds other than those of the defendant as bail security pursuant to KRS 431.530 the following terms and conditions shall apply in lieu of the provisions of subsections (3) and (4) of KRS 431.530:
(1) The deposit shall be listed as being made on behalf of the defendant by the depositor and not in the name of the defendant;
(2) If the conditions of release have been performed and the defendant has been discharged from all obligations in the action the clerk of the court shall return to the person who deposited the money ninety percent (90%) of the sum deposited and shall retain as bail costs ten percent (10%) of the amount deposited provided, however, in no event shall the amount retained by the clerk as bail costs be less than five dollars ($5);
(3) No deductions shall be made by the court for public advocate services, satisfaction of fines, payment of attorneys, or any other purpose when the defendant has been discharged as provided in subsection (2) of this section unless agreed to by the poster of the bond;
(4) If the defendant has performed all conditions of release and if the defendant is found not guilty of the offense for which bail was posted, or if all charges against him relating to the offense for which bail was posted are dropped or dismissed, then all bail money deposited pursuant to this section shall be returned to the person posting the bail with no deductions therefrom as provided in subsection (3) or (4) of KRS 431.530.
CREDIT(S)
HISTORY: 1979 ex s, c 7, § 10, eff. 7-1-79
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.535
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
Bail Bonds
431.535 Cash, stocks, bonds, or real estate as security for bail
(1) Any person who has been permitted to execute a bail bond in accordance with KRS 431.520(3)(c) may secure such bond:
(a) By a deposit, with the clerk of the court, of cash, or stocks and bonds in which trustees are authorized to invest funds under the laws of this Commonwealth having an unencumbered market value of not less than the amount of the bail bond; or
(b) By real estate situated in this Commonwealth with unencumbered equity, not exempt and owned by the defendant or a surety or sureties having a fair market value at least double the amount of the bail bond.
(2) If the bail bond is secured by stocks and bonds the defendant or the surety or sureties shall file with the bond a sworn schedule which shall be approved by the court and shall contain:
(a) A list of the stocks and bonds deposited describing each in sufficient detail that they may be identified;
(b) The present market value of each stock and bond;
(c) The total market value of the stocks and bonds listed;
(d) A statement that the affiant or affiants is the sole owner or owners thereof and that the stocks and bonds listed are not exempt from execution;
(e) A statement that such stocks and bonds have not previously been deposited or accepted as bail in this Commonwealth during the 12 months preceding the date of the bail bond; provided, however, this statement shall not be required of the defendant using his own property as security; or if the surety or sureties using their property as security are related to the defendant by consanguinity no further removed than first cousin; or if the surety or sureties is either a father-in-law, mother-in-law, son-in-law, or daughter-in-law of the defendant; and
(f) A statement that such stocks and bonds are security for the appearance of the defendant in accordance with the conditions of release imposed by the court.
(3) If the bail bond is secured by real estate the defendant or surety or sureties shall file with the bond a sworn schedule which shall contain:
(a) A legal description of the real estate;
(b) A description of any and all encumbrances on the real estate including the amount of each and the holder thereof;
(c) The market value of the unencumbered equity owned by the affiant or affiants;
(d) A statement that the affiant is the sole owner, or in the case of jointly owned real estate, that affiants are the sole owners of such unencumbered equity and that it is not exempt from execution;
(e) A statement that the real estate has not previously been used or accepted as bail in this Commonwealth during the 12 months preceding the date of the bail bond; provided, however, this statement shall not be required of the defendant using his own property as security; or if the surety or sureties using their property as security are related to the defendant by consanguinity no further removed than first cousin; or if the surety or sureties is either a father-in-law, mother-in-law, son-in-law, or daughter-in-law of the defendant; and
(f) A statement that the real estate is security for the appearance of the defendant in accordance with the conditions of release imposed by the court.
(4) The sworn schedule shall constitute a material part of the bail bond. An affiant shall be subject to penalty of perjury if in the sworn schedule he makes a false statement which he does not believe to be true.
(5) A certified copy of the bail bond and schedule of real estate accompanied by the necessary recording fee which shall be paid by the affiant or affiants shall be filed immediately by the clerk of the court requiring the bail bond in the office of the county clerk of the county in which the real estate is situated. The county clerk shall record such copies of said bail bonds and schedule and the Commonwealth shall have a lien upon such real estate from the date and time of such recordation. The instruments described herein shall be recorded in the miscellaneous encumbrances book provided by the county clerk.
(6) If the conditions of release imposed by the court have been performed and the defendant has been discharged from all obligations in the action, the clerk of the court shall return to him or his sureties the deposit of any cash, stocks or bonds. If the bail bond has been secured by real estate, the clerk of the court requiring the bail bond shall forthwith notify in writing the county clerk of the county where the real estate is situated and the lien on the real estate shall be discharged and the release thereof recorded in the margin.
CREDIT(S)
HISTORY: 1978 c 384, § 530, eff. 6-17-78; 1976 c 2, § 6
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.540
Effective: July 15, 2008
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
Bail Bonds
431.540 Uniform schedule of amounts of bail in designated nonviolent Class D felonies, misdemeanors, and violations
The Supreme Court may by rule or order prescribe a uniform schedule of amounts of bail in designated nonviolent Class D felonies, misdemeanors, and violations;
(1) Except as provided in subsection (2) of this section, when the amount of bail is fixed by such rule or order of the Supreme Court for a particular offense, the clerk of the court or other public officers so authorized by the court's order shall accept cash bail in the prescribed amount or the deposit authorized by KRS 431.530 and release the defendant to appear in accordance with the conditions of the bail bond. A receipt shall be delivered to the defendant for the bail so taken and within a reasonable time such bail shall be deposited with the clerk of the court having jurisdiction of the offense.
(2) A court may, in the exercise of its reasonable discretion, refuse to set bail in the amount prescribed by such rule or order of the Supreme Court, but, in so doing, the court must set forth in writing its reasons for such refusal.
CREDIT(S)
HISTORY: 2008 c 186, § 1, eff. 7-15-08; 1976 c 2, § 7, eff. 6-19-76
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.545
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
Bail Bonds
431.545 Forfeiture of bail; prosecution
If a defendant shall willfully fail to appear or shall willfully fail to comply with the conditions of his release:
(1) The court may order a forfeiture of the bail, serving a copy thereof upon the defendant and his surety or sureties at their last known addresses; if the defendant or his surety or sureties do not appear within twenty (20) days after service of the order or a return of not found and satisfy the court that appearance or compliance by the defendant was impossible and without his fault, the court may enter judgment against the defendant and his surety or sureties for the amount of the bail and the costs of the proceedings for all of which execution may issue; and
(2) The defendant shall be subject to prosecution for the offenses prescribed in KRS 520.070 and 520.080.
CREDIT(S)
HISTORY: 1976 c 2, § 8, eff. 6-19-76
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.550
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
Bail Bonds
431.550 Penalty for KRS 431.510 to 431.545
Any person who violates any provisions of KRS 431.510 to 431.545 not otherwise punishable by law or statute shall be guilty of a Class A misdemeanor for the first offense, and guilty of a Class D felony for each additional offense.
CREDIT(S)
HISTORY: 1976 c 2, § 9, eff. 6-19-76
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.570
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
Crime Stoppers Organizations
431.570 Definition of “crime stoppers organization”
As used in KRS 431.570 to 431.595, unless the context otherwise requires:
(1) “Crime stoppers organization” means a private, nonprofit organization that accepts and disperses donations for rewards to persons who:
(a) Report to the organization information concerning criminal activity and such information results in the arrest or indictment of the person committing the crime; or
(b) Provide to the organization information pertaining to the recovery or confiscation of stolen property, contraband or illegal controlled substances.
(2) Information provided in subsection (1) of this section shall be forwarded to the appropriate law enforcement agency.
CREDIT(S)
HISTORY: 1992 c 59, § 1, eff. 7-14-92
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.575
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
Crime Stoppers Organizations
431.575 Duties of organization
A crime stoppers organization shall:
(1) Foster the detection of crime and encourage persons to report information about criminal acts;
(2) Encourage news and other media to promote local crime stoppers organizations and to inform the public of the functions of the organization;
(3) Assist other crime stoppers organizations in forwarding information about criminal acts to the appropriate law enforcement agencies; and
(4) Help law enforcement agencies detect and combat crime by increasing the flow of information to and between law enforcement agencies.
CREDIT(S)
HISTORY: 1992 c 59, § 2, eff. 7-14-92
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.580
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
Crime Stoppers Organizations
431.580 Circuit Court order required for production of reports; records of reports confidential
(1) Records of a crime stoppers organization concerning a report of criminal activity shall not be compelled to be produced before a court or other tribunal except on the order of the Circuit Court.
(2) Records of a crime stoppers organization relating to reports of criminal acts shall be confidential.
CREDIT(S)
HISTORY: 1992 c 59, § 3, eff. 7-14-92
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.585
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
Crime Stoppers Organizations
431.585 Unlawful disclosure of information
(1) A person who accepts a report of criminal activity on behalf of a crime stoppers organization shall be guilty of unlawful disclosure of information if the person intentionally or knowingly divulges to a person not employed by a law enforcement agency the identity of the person who made the report without the consent of the person who made the report.
(2) Unlawful disclosure of information under this section shall be a Class A misdemeanor.
CREDIT(S)
HISTORY: 1992 c 59, § 4, eff. 7-14-92
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.590
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
Crime Stoppers Organizations
431.590 Repayment by convicted defendant of all or part of reward paid by organization
(1) In addition to any other penalty authorized by law, after a defendant has been convicted of an offense, excluding offenses committed under KRS Chapters 186 and 189, the judge shall order a defendant to repay all or part of a reward paid by a crime stoppers organization.
(2) In determining the amount the defendant shall repay to a crime stoppers organization under subsection (1) of this section, the court shall consider the importance of the information to the prosecution of the defendant as provided by the arresting officer or the prosecuting attorney with due regard for the confidentiality of the crime stoppers organization records.
(3) In this section, “crime stoppers organization” means an organization as defined by KRS 431.570.
CREDIT(S)
HISTORY: 1992 c 59, § 5, eff. 7-14-92
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.595
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
Crime Stoppers Organizations
431.595 Assessment of repayment ordered as cost; time of repayment; court clerk's duties
(1) Upon an order to repay a reward or part of a reward under KRS 431.590, the court shall assess this cost against the defendant in the same manner as other costs of prosecution are assessed against a defendant. The court shall order the defendant to:
(a) Pay the entire amount required when sentence is pronounced; or
(b) Pay the entire amount required at a later date specified by the court.
(2) After receiving a payment from a person ordered to make the payment under this section, the clerk of the court shall:
(a) Make a record of the payment;
(b) Forward the payment to the designated crime stoppers organization; and
(c) Record the forwarding of the payment.
CREDIT(S)
HISTORY: 1992 c 59, § 6, eff. 7-14-92
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.597
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
Crime Stoppers Organizations
431.597 Agreement of affiliation between county and crime stoppers organization; funding
(1) Any crime stoppers organization that enters into a written agreement of affiliation, as provided in subsection (2) of this section, with a county in which the organization operates shall be funded in part by a one dollar ($1) fee added to court costs in that county. The fee shall be imposed on every person who is:
(a) Convicted of any misdemeanor or violation, other than a violation of KRS Chapters 186, 187, 188, 189, or 189A; and
(b) Sentenced to pay a fine for the misdemeanor or violation, regardless of whether the person is also incarcerated, or whether the fine is suspended, waived, or otherwise not imposed.
(2) Any crime stoppers organization may enter into a written agreement of affiliation, approved by a fiscal court or urban-county council, with any county, or with any number of counties, in which the organization operates. Agreements of affiliation shall be valid for two (2) years and may be renewed. The agreements shall specify:
(a) The relationship between the crime stoppers organization, the county, and law enforcement agencies in the county; and
(b) That the crime stoppers organization shall account annually to the fiscal court or urban-county council for all funds raised by the organization from all sources and all funds expended by the organization for any purpose. The agreement shall allow the crime stoppers organization to identify the sources of funds raised generically rather than by name. The agreement shall not require the crime stoppers organization to divulge the amounts of individual rewards paid nor the identity of any person to whom a reward was paid.
(3) In every county where an agreement of affiliation is approved, the county clerk shall notify the circuit clerk to collect the fee required by this section. The circuit clerk shall collect the fee for two (2) years from the date the agreement was signed. When the circuit clerk pays fines and costs over to the state, the circuit clerk shall pay all money collected under this section to the crime stoppers organization named in the agreement.
(4) The crime stoppers fee shall not be waived or suspended. Failure to pay the fee shall be treated as a failure to pay a fine under KRS Chapter 534.
(5) Crime stoppers organizations may use the funds they receive under this section for any purpose authorized by KRS 431.575.
CREDIT(S)
HISTORY: 1998 c 337, § 1, eff. 7-15-98
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.600
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
Crime Stoppers Organizations
431.600 Coordination of child sexual abuse investigations and prosecutions; protection of and counseling for child victims
(1) Each investigation of reported or suspected sexual abuse of a child shall be conducted by a specialized multidisciplinary team composed, at a minimum, of law enforcement officers and social workers from the Cabinet for Health and Family Services. Cabinet for Health and Family Services social workers shall be available to assist in all investigations under this section but shall be lead investigators only in those cases of reported or suspected sexual abuse of a child in which a person exercising custodial control or supervision, as defined in KRS 600.020, is the alleged or suspected perpetrator of the abuse. Additional team members may include Commonwealth's and county attorneys, children's advocacy center staff, mental health professionals, medical professionals, victim advocates, educators, and other related professionals, as necessary, operating under protocols governing roles, responsibilities, and procedures developed by the Kentucky Multidisciplinary Commission on Child Sexual Abuse and promulgated by the Attorney General as administrative regulations pursuant to KRS Chapter 13A.
(2) Local protocols shall be developed in each county or group of contiguous counties by the agencies and persons specified in subsection (1) of this section specifying how the state protocols shall be followed within the county or group of contiguous counties. These protocols shall be approved by the Kentucky Multidisciplinary Commission on Child Sexual Abuse.
(3) If adequate personnel are available, each Commonwealth's attorney's office and each county attorney's office shall have a child sexual abuse specialist.
(4) Commonwealth's attorneys and county attorneys, or their assistants, shall take an active part in interviewing and familiarizing the child alleged to have been abused, or who is testifying as a witness, with the proceedings throughout the case, beginning as early as practicable in the case.
(5) If adequate personnel are available, Commonwealth's attorneys and county attorneys shall provide for an arrangement which allows one (1) lead prosecutor to handle the case from inception to completion to reduce the number of persons involved with the child victim.
(6) Commonwealth's attorneys and county attorneys and the Cabinet for Health and Family Services and other team members shall minimize the involvement of the child in legal proceedings, avoiding appearances at preliminary hearings, grand jury hearings, and other proceedings when possible.
(7) Commonwealth's attorneys and county attorneys shall make appropriate referrals for counseling, private legal services, and other appropriate services to ensure the future protection of the child when a decision is made not to prosecute the case. The Commonwealth's attorney or county attorney shall explain the decision not to prosecute to the family or guardian, as appropriate, and to the child victim.
(8) To the extent practicable and when in the best interest of a child alleged to have been abused, interviews with a child shall be conducted at a children's advocacy center.
CREDIT(S)
HISTORY: 2005 c 99, § 650, eff. 6-20-05; 2000 c 144, § 1, eff. 7-14-00; 1998 c 339, § 1, c 426, § 601, eff. 7-15-98; 1996 c 18, § 1, eff. 7-15-96; 1994 c 207, § 1, eff. 7-15-94; 1992 c 351, § 1, eff. 7-14-92
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.650
Effective: July 12, 2012
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
Kentucky Multidisciplinary Commission on Child Sexual Abuse
431.650 Kentucky Multidisciplinary Commission on Child Sexual Abuse
(1) The Kentucky Multidisciplinary Commission on Child Sexual Abuse is hereby created.
(2) The commission shall be composed of the following members:
(a) The commissioner of the Department for Community Based Services or a designee;
(b) The commissioner of the Department for Behavioral Health, Developmental and Intellectual Disabilities or a designee;
(c) One (1) social service worker who is employed by the Department for Community Based Services to provide child protective services, who shall be appointed by the secretary of the Cabinet for Health and Family Services;
(d) One (1) therapist who provides services to sexually abused children, who shall be appointed by the secretary of the Cabinet for Health and Family Services;
(e) The commissioner of the Department of Kentucky State Police or a designee;
(f) One (1) law enforcement officer who is a detective with specialized training in conducting child sexual abuse investigations, who shall be appointed by the secretary of the Justice and Public Safety Cabinet;
(g) One (1) employee of the Administrative Office of the Courts appointed by the Chief Justice of the Supreme Court of Kentucky;
(h) Two (2) employees of the Attorney General's Office who shall be appointed by the Attorney General;
(i) One (1) Commonwealth's attorney who shall be appointed by the Attorney General;
(j) The commissioner of the Department of Education or a designee;
(k) One (1) school counselor, school psychologist, or school social worker who shall be appointed by the commissioner of the Department of Education;
(l) One (1) representative of a children's advocacy center who shall be appointed by the Governor;
(m) One (1) physician appointed by the Governor; and
(n) One (1) former victim of a sexual offense or one (1) parent of a child sexual abuse victim who shall be appointed by the Attorney General.
(3) Appointees shall serve at the pleasure of the appointing authority but shall not serve longer than four (4) years without reappointment.
(4) The commission shall elect a chairperson annually from its membership.
CREDIT(S)
HISTORY: 2012 c 146, § 116, c 158, § 74, eff. 7-12-12; 2007 c 85, § 314, eff. 6-26-07; 2005 c 99, § 70, eff. 6-20-05; 2000 c 144, § 2, c 14, § 55, eff. 7-14-00; 1998 c 426, § 602, eff. 7-15-98; 1996 c 18, § 2, eff. 7-15-96; 1994 c 308, § 1, eff. 7-15-94
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.660
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
Kentucky Multidisciplinary Commission on Child Sexual Abuse
431.660 Duties and powers of commission
(1) The Kentucky Multidisciplinary Commission on Child Sexual Abuse shall:
(a) Prepare and issue a model protocol for local multidisciplinary teams regarding investigation and prosecution of child sexual abuse and the role of children's advocacy centers on multidisciplinary teams.
(b) Review and approve protocols prepared by local multidisciplinary teams.
(c) Advise local multidisciplinary teams on the investigation and prosecution of child sexual abuse.
(d) Receive data on child sexual abuse cases collected by the Prosecutors Advisory Council and issue annual reports.
(e) Collect data on the operation of local multidisciplinary teams.
(f) Seek funding to support special projects relating to the operation of local multidisciplinary teams.
(g) Receive and review complaints regarding local multidisciplinary teams, and make appropriate recommendations.
(h) Recommend to the Governor, Legislative Research Commission, and Supreme Court changes in state programs, legislation, administrative regulations, policies, budgets, and treatment and service standards which may facilitate effective intervention of child sexual abuse cases and the investigation and prosecution of perpetrators of child sexual abuse, and which may improve the opportunity for victims of child sexual abuse to receive treatment.
(2) The Kentucky Multidisciplinary Commission on Child Sexual Abuse may, within budget limitations, establish and maintain necessary offices, appoint employees, and prescribe the duties and compensation for the appointed employees.
CREDIT(S)
HISTORY: 2000 c 144, § 3, eff. 7-14-00; 1996 c 18, § 3, eff. 7-15-96; 1994 c 308, § 2, eff. 7-15-94
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 431.670
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 431. General Provisions Concerning Crimes and Punishments (Refs & Annos)
Kentucky Multidisciplinary Commission on Child Sexual Abuse
431.670 Attachment of commission to Office of the Attorney General
For administrative purposes only, the Kentucky Multidisciplinary Commission on Child Sexual Abuse shall be attached to the Office of the Attorney General.
CREDIT(S)
HISTORY: 1994 c 308, § 3, eff. 7-15-94
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.010
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.010 Treason--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 2711a-237
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.020
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.020 Criminal syndicalism--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1148a-1, 1148a-3
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.030
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.030 Sedition--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1148a-2, 1148a-3
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.040
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.040 Teaching, publishing, joining society to advocate criminal syndicalism or sedition--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1148a-4, 1148a-9
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.050
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.050 Permitting assembly; furnishing printing press or machinery for criminal syndicalism, sedition--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1148a-5, 1148a-9
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.060
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.060 Conspiracy to commit sedition, criminal syndicalism; proof--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1148a-11
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.070
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.070 Witness required to give self-incriminating testimony not to be prosecuted; corroboration requirement not applicable--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1966 c 255, § 273; 1942 c 208, § 1; KS 1148a-14
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.080
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.080 Possession of firearms or explosives by subject of enemy country; arrest and search--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1376i-1 to 1376i-3
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.090
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.090 Discrimination against person in uniform--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 2711a-235
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.100
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.100 Forging or counterfeiting public documents, seals--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1185, 1187
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.110
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.110 Fraudulently altering enrolled bill--Repealed
CREDIT(S)
HISTORY: 1980 c 49, § 22, eff. 7-15-80; 1942 c 208, § 1; KS 1985
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.120
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.120 Forging names on petition, memorial, remonstrance
Any
person who signs any name to a petition, memorial or remonstrance intended for
presentation to the General Assembly, a county judge/
CREDIT(S)
HISTORY: 1978 c 384, § 531, eff. 6-17-78; 1942 c 208, § 1; KS 1345
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.130
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.130 Withdrawal or mutilation of court record--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1197
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.140
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.140 Forging, altering or stealing land warrant--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1200
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.150
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.150 Removing or defacing legal advertisement--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1263
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.160
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.160 False statement of notary public--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1179
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.170
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.170 False swearing--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1174
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.180
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.180 Subornation of perjury--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1177
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.190
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.190 Commonwealth's attorney receiving bribe not to prosecute--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1360
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.200
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.200 Informer or prosecutor bribed to withhold evidence--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1361
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.210
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.210 Appointment of attorney to prosecute person accused--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1362
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.215
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.215 Threatening witness, juror or judicial officer--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1972 c 214, § 1, c 252, § 1
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.220
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.220 Procuring juror to accept bribe--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1367
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.230
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.230 Contempt of court by witness, juror, officer
Witnesses, jurors and officers of courts, for disobeying a summons of court, or neglecting to execute or make due return of a subpoena or order of court or other judicial officer, may be punished for contempt.
CREDIT(S)
HISTORY: 1976 ex s, c 14, § 442, eff. 1-2-78; 1942 c 208, § 1; KS 1293
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.240
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.240 No contempt for criticism out of court
No court or judge shall proceed by process of contempt or impose a fine against any person who animadverts upon or examines into the proceedings or conduct of such court or judge, by words spoken or writing published, not in the presence of the court or judge in the courthouse during the sitting of the court.
CREDIT(S)
HISTORY: 1942 c 208, § 1, eff. 10-1-42; KS 1295
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.250
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.250 Bond for appearance following contempt charge
(1) Upon a capias or other original process against a person charged with a contempt the court awarding it shall direct in what penalty the accused shall give bond, with good surety, for his appearance at the time and place named in the process, which order shall be endorsed on the process. If the bond given is violated, proceedings shall be instituted by the attorney for the Commonwealth to recover the penalty.
(2) If the person arrested by virtue of the process fails to give bond as required, the officer making the arrest shall forthwith remove and lodge him in the jail of the county from which the process issued.
CREDIT(S)
HISTORY: 1942 c 208, § 1, eff. 10-1-42; KS 1297, 1298
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.260
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.260 Limit of penalty for contempt; removal of officer exceeding limit--Repealed
CREDIT(S)
HISTORY: 1976 ex s, c 14, § 491, eff. 1-2-78; 1942 c 208, § 1; KS 1291, 1301, 1302
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.270
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.270 No bail permitted for contempt
A person committed to prison for contempt shall not be admitted to bail.
CREDIT(S)
HISTORY: 1942 c 208, § 1, eff. 10-1-42; KS 1296
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.280
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.280 Court may bring criminal action for libel or slander; punish resistance to judicial order
Nothing in KRS 432.230 to 432.270 shall prevent any court or judge from proceeding against any person writing or publishing a libel or slanderous words concerning such court or judge in relation to his judicial conduct in court by indictment, nor prevent any court from punishing any person guilty of a contempt in resisting or disobeying any judicial order or process issued by or under the authority of such court.
CREDIT(S)
HISTORY: 1942 c 208, § 1, eff. 10-1-42; KS 1299
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.290
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.290 Evidence in contempt trial by jury
In all trials by jury arising under KRS 432.230 to 432.280, the truth of the matter may be given in evidence.
CREDIT(S)
HISTORY: 1942 c 208, § 1, eff. 10-1-42; KS 1292
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.300
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.300 Forcibly entering courtroom; obstructing justice--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1294
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.310
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.310 Judge failing to give place to special judge; using money held by court--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1371
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.320
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.320 Usurpation of office; retention after expiration of term--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1364
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.330
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.330 Promise to sell or purchase public office--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1365
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.340
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.340 Taking a fee to procure grant or refusal of pardon--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1370
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.350
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.350 Giving and taking bribes
Any member of the General Assembly or any other executive, judicial, ministerial or legislative officer of this state or of any county or city, including members of boards of education and subdistrict trustees, who takes or agrees to take any bribe to do or omit to do any act in his official capacity shall forfeit his office and be disqualified from the right of suffrage for ten (10) years.
CREDIT(S)
HISTORY: 1974 c 406, § 317, eff. 1-1-75; 1942 c 208, § 1; KS 1366
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.360
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.360 Officer issuing warrant in felony case without affidavit, information or personal knowledge--Repealed
CREDIT(S)
HISTORY: 1962 c 234, § 61, eff. 1-1-63; 1942 c 208, § 1; KS 1372
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.361
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.361 Failure to appear on bail bond--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1966 c 217, § 1
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.365
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.365 Assault of prison employee by a prisoner; confinement of prisoners accused of violation--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1972 c 54, § 1
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.370
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.370 Escape of prisoner from jail--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1235, 1338
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.380
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.380 Escape of prisoner engaged in county work--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1379-6
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.390
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.390 Escape of convict from penitentiary or custody; attempt; within penitentiary or aiding another; jurisdiction of courts--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1962 c 49, § 2; 1952 c 97; 1942 c 208, § 1; KS 1232 to 1234
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.400
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.400 Aiding another to escape from jail or custody--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1239, 1357
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.410
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.410 Aiding another to escape from a penal institution of a city of the first class; harboring or concealing him--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 2749
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.420
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.420 Harboring or concealing fugitive; exceptions--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1938
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.430
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.430 Aiding or inducing a convict to escape from a penitentiary--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 3806
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.440
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.440 Interfering with recapture of fugitive from penitentiary--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1236
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.445
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.445 Resisting arrest; offense defined; penalty--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1968 c 107
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.450
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.450 Unlawfully arresting prisoner from authorities--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1238
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.460
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.460 Officer negligently permitting escape; willfully refusing to receive prisoner--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1339
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.470
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.470 Officer voluntarily permitting escape of felon--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1237
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.480
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.480 Enticing boy or girl away from house of reform--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 2095b-15, 2095b-32
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.490
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.490 Penalty for taking patient from state hospital--Renumbered
CREDIT(S)
HISTORY: 1968
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.495
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.495 Trafficking with prison inmates--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1958 c 112
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.500
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.500 Hindering work of convicts; furnishing narcotics, liquor, firearms; exceptions as to physicians--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1956 c 137; 1942 c 208, § 1; KS 1239a
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.505
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.505 Rioting or damaging of penitentiary property by inmate; holding hostage--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1962 c 49, § 1
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.510
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.510 Protection of prisoners; power of officer to summon citizens, arm prisoners
(1) Any person having custody of a person charged with a public offense shall summon to his aid as many of the able-bodied male citizens of his county between the ages of twenty-one (21) and fifty (50) years as may be necessary for the protection of the person in his custody. Any person so summoned who fails to obey the summons or verbal notice of the officer shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500).
(2) Any officer having knowledge or reasonable grounds to believe that an effort will be made to rescue, injure or kill any person in his custody charged with a public offense shall immediately provide the means necessary to prevent such an act.
(3) Any officer in charge of a jail who has reasonable grounds to believe that the jail will be attacked by a mob or persons confederated or banded together to inflict violence upon any inmate, may arm the threatened inmates for their own protection.
CREDIT(S)
HISTORY: 1942 c 208, § 1, eff. 10-1-42; KS 1241a-4
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.520
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.520 Witness may be required to testify in prosecution under KRS 432.510; immunity
In any prosecution under KRS 432.510, no witness shall be excused from testifying on the ground that his testimony may incriminate himself. But, no such testimony shall be used against him in any prosecution except for perjury, and he shall be discharged from all liability for any violation of KRS 432.510 necessarily disclosed in his testimony.
CREDIT(S)
HISTORY: 1942 c 208, § 1, eff. 10-1-42; KS 1241a-7
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.530
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.530 Failure to come to aid of sheriff--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1340
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.540
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.540 Employment of person under sentence in another state--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1356
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.550
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.550 Bringing armed person into state to preserve peace or suppress violence
No person shall, except with the consent of the General Assembly or of the Governor when the General Assembly is not in session, bring or cause to be brought into this state any armed person, not a citizen of this state, to preserve the peace, suppress domestic violence or to serve as a deputy of any officer or as a member of a posse comitatus, nor shall any officer knowingly summon any such person or any other person who has come into the state for that purpose to aid in suppressing violence. Any person who violates this section shall be fined not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), or imprisoned for not less than six (6) nor more than twelve (12) months, or both.
CREDIT(S)
HISTORY: 1942 c 208, § 1, eff. 10-1-42; KS 1376
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.560
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.560 Bringing pauper into state or county--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 3922 to 3924
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.570
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.570 Restrictions on possession or use of radio capable of sending or receiving police messages; penalty; enforcement
(1) It shall be unlawful for any person except a member of a police department or police force or an official with written authorization from the head of a department which regularly maintains a police radio system authorized or licensed by the Federal Communications Commission, to have in his or her possession, or in an automobile or other vehicle, or to equip or install in or on any automobile or other vehicle, any mobile radio set or apparatus capable of either receiving or transmitting radio or other messages or signals within the wave length or channel now or which may hereafter be allocated by the Federal Communications Commission, or its successor, for the purpose of police radios, or which may in any way intercept or interfere with the transmission of radio messages by any police or other peace officers. It shall be unlawful for any car, automobile, or other vehicle other than one publicly owned and entitled to an official license plate issued by the state issuing a license for the car, to have, or be equipped with the sets or apparatus even though the car is owned by an officer. This section shall not apply to any automobile or vehicle owned or operated by a member of a sheriff's department authorized by the fiscal court to operate a radio communications system that is licensed by the Federal Communications Commission or other federal agency having the authority to license same. Nothing in this section shall preclude a probation and parole officer employed by the Department of Corrections from carrying on his person or in a private vehicle while conducting his official duties an authorized, state-issued portable radio apparatus capable of transmitting or receiving signals.
(2) Any person guilty of violating any of the provisions of this section shall be guilty of a misdemeanor, and, upon conviction, shall be punished by a fine of not less than fifty dollars ($50) and not exceeding five hundred dollars ($500), or imprisonment not exceeding twelve (12) months, or both so fined and imprisoned.
(3) It shall be the duty of any and all peace officers to seize and hold for evidence any and all equipment had or used in violation of the provisions of this section, and, upon conviction of the person having, equipping or using such equipment, it shall be the duty of the trial court to order such equipment or apparatus destroyed, forfeited, or escheated to the Commonwealth of Kentucky, and said property may be ordered destroyed, forfeited, or escheated as above provided without a conviction of the person charged with violating this section.
(4) Nothing contained in this section shall prohibit the possession of a radio by:
(a) An individual who is a retailer or wholesaler and in the ordinary course of his business offers such radios for sale or resale;
(b) A commercial or educational radio or television station, licensed by the Federal Communications Commission, at its place of business; or
(c) An individual who possesses such a radio, provided it is capable of receiving radio transmissions only and is not capable of sending or transmitting radio messages, at his place of residence; licensed commercial auto towing trucks; newspaper reporters and photographers; emergency management agency personnel authorized in writing by the director of the division of emergency management (for state personnel) or chief executive of the city or county (for their respective personnel); a person holding a valid license issued by the Federal Communications Commission in the amateur radio service; peace officers authorized in writing by the head of their law enforcement agency, Commonwealth's attorneys and their assistants, county attorneys and their assistants, except that it shall be unlawful to use such radio to facilitate any criminal activity or to avoid apprehension by law enforcement officers. Violation of this section shall, in addition to any other penalty prescribed by law, result in a forfeiture to the local law enforcement agency of such radio.
(5) The provisions of this section shall not apply to a paid or volunteer member of a fire department or a paid or volunteer member of a public ambulance service licensed in Kentucky who has been given permission in writing by the chief of the fire department and the chief of each law enforcement agency whose frequency is to be monitored, or the director of the ambulance service and the chief of each law enforcement agency whose frequency is to be monitored, to possess a radio capable of receiving on a frequency allocated to a police department or law enforcement agency, whether the radio is in a vehicle or not.
(6) The secretary of the Finance and Administration Cabinet is hereby empowered by issuance of a secretary's order to exempt from the prohibitions and penalties of this section the possession and use of any and all radio communication equipment that he finds is necessary to be owned and used by members of the general public and other nonpolice persons for utilization in the N.O.A.A. weather radio system.
CREDIT(S)
HISTORY: 2000 c 176, § 1, eff. 7-14-00; 1998 c 226, § 111, eff. 7-15-98; 1994 c 418, § 9, eff. 7-15-94; 1992 c 110, § 1, eff. 7-14-92; 1986 c 241, § 1; 1980 c 137, § 1; 1978 c 435, § 1; 1976 ex s, c 14, § 443; 1976 c 166, § 1; 1942 c 66
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.580
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.580 Unauthorized possession or use of federal food or cotton stamps--Repealed
CREDIT(S)
HISTORY: 1979 ex s, c 2, § 10, eff. 2-10-79; 1942 c 69
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 432.590
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 432. Offenses Against the State and Public Justice
432.590 Diversion of state or federally donated food commodities
Whoever willfully sells, trades, barters, gives away or makes, or assists in making any unauthorized disposition of any food commodity donated under any program of the state or federal government, or shall withhold or threaten to withhold from or offer to provide the commodities to any person in order to influence the vote of any person at an election of public office, or whoever, not being an authorized recipient thereof, willfully converts to his own use or benefit any such food commodity, shall, upon conviction thereof, be punished by a fine of not less than $100 or more than $500, or by imprisonment for not less than thirty (30) days or more than six (6) months, or both.
CREDIT(S)
HISTORY: 1964 c 38, eff. 6-18-64
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.010
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.010 Arson--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1167
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.020
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.020 Maliciously burning building other than a dwelling--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1168
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.030
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.030 Maliciously burning property other than a building--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1169
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.040
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.040 Burning personal property to defraud insurer--Repealed
CREDIT(S)
HISTORY: 1980 c 49, § 22, eff. 7-15-80; 1942 c 208, § 1; KS 1170
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.050
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.050 Maliciously attempting to burn property; what constitutes attempt--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1171, 1172
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.060
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.060 Intentionally burning field of another--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1964 c 158, § 19; 1942 c 208, § 1; KS 1254a
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.070
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.070 Unlawfully firing weeds, grass, capable of spreading--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1964 c 158, § 20; 1942 c 208, § 1; KS 1254
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.080
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.080 Negligently firing woods and damaging property--Repealed
CREDIT(S)
HISTORY: 1964 c 158, § 21, eff. 6-18-64; 1942 c 208, § 1; KS 1255
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.090
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.090 Fire in wooded area, near road; failure to keep under control and extinguish--Repealed
CREDIT(S)
HISTORY: 1964 c 158, § 21, eff. 6-18-64; 1942 c 208, § 1; KS 1255-1
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.100
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.100 Destroying fire prevention posters--Repealed
CREDIT(S)
HISTORY: 1964 c 158, § 21, eff. 6-18-64; 1942 c 208, § 1; KS 1255a
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.110
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.110 Damaging fire prevention equipment--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1230
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.120
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.120 Robbery; burglary; possession of burglarious tools--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1159
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.130
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.130 Burglary of bank or safe--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1159a
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.140
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.140 Armed robbery or burglary--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1966 c 48, § 1; 1942 c 208, § 1; KS 1159a
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.150
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.150 Armed assault with intent to rob--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1966 c 48, § 2; 1942 c 208, § 1; KS 1160
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.160
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.160 Aiding or comforting robber or burglar--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1159a
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.170
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.170 Robbery or larceny of certain instruments--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1161
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.180
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.180 Stealing from public building; robbing person in house; housebreaking--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 140, § 1, 2, c 208, § 1; KS 1162
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.190
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.190 Breaking warehouse, storehouse, shop or room in boat with intent to steal--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1164
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.200
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.200 Breaking railroad station or car with intent to kill or steal--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1163
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.210
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.210 Opening or appropriating property in possession of a common carrier--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1201b
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.220
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.220 Grand larceny; taking of vehicle without consent of owner--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1962 c 245, § 1; 1942 c 208, § 1; KS 1194, 2739g-58
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.230
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.230 Petit larceny--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1962 c 245, § 2; 1942 c 208, § 1; KS 1243
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.234
Effective: June 26, 2007
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.234 Shoplifting
(1) Willful concealment of unpurchased merchandise of any store or other mercantile establishment on the premises of such store shall be prima facie evidence of an intent to deprive the owner of his property without paying the purchase price therefor.
(2) All city and county law enforcement agencies shall cause to be made a photograph, a set of fingerprints, and a general descriptive report of all persons except juveniles arrested for theft through an act of shoplifting. If convicted, two (2) copies of each item shall be forwarded within thirty (30) days to the Department of Kentucky State Police of the Justice and Public Safety Cabinet.
CREDIT(S)
HISTORY: 2007 c 85, § 315, eff. 6-26-07; 1974 c 406, § 318, eff. 1-1-75; 1968 c 49, § 1; 1958 c 11, § 1
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.236
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.236 Detention and arrest of shoplifting suspect
(1) A peace officer, security agent of a mercantile establishment, merchant or merchant's employee who has probable cause for believing that goods held for sale by the merchant have been unlawfully taken by a person may take the person into custody and detain him in a reasonable manner for a reasonable length of time, on the premises of the mercantile establishment or off the premises of the mercantile establishment, if the persons enumerated in this section are in fresh pursuit, for any or all of the following purposes:
(a) To request identification;
(b) To verify such identification;
(c) To make reasonable inquiry as to whether such person has in his possession unpurchased merchandise, and to make reasonable investigation of the ownership of such merchandise;
(d) To recover or attempt to recover goods taken from the mercantile establishment by such person, or by others accompanying him;
(e) To inform a peace officer or law enforcement agency of the detention of the person and to surrender the person to the custody of a peace officer, and in the case of a minor, to inform the parents, guardian, or other person having custody of that minor of his detention, in addition to surrendering the minor to the custody of a peace officer.
(2) The recovery of goods taken from the mercantile establishment by the person detained or by others shall not limit the right of the persons named in subsection (1) of this section to detain such person for peace officers or otherwise accomplish the purposes of subsection (1).
(3) Any peace officer may arrest without warrant any person he has probable cause for believing has committed larceny in retail or wholesale establishments.
CREDIT(S)
HISTORY: 1978 c 75, § 1, eff. 6-17-78; 1968 c 49, § 2; 1958 c 11, § 2
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.240
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.240 Taking or damaging property unlawfully but without felonious intent--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1256
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.250
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.250 Stealing cattle; hog; fowl--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1952 c 36; 1942 c 208, § 1; KS 1195, 1196, 1201c, 1243
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.255
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.255 Governor may offer reward for apprehension and conviction of cattle thief
When in any community of the state there have been repeated or aggravated instances of larceny of cattle, the Governor may offer a reward for the apprehension and conviction of any person guilty of larceny of cattle, as defined in KRS 446.010, in such community, and in his discretion may employ detectives, not exceeding two (2) at any one (1) time, for the ferreting out, apprehension, and conviction of any offender. The reward may be in any sum fixed by the Governor, not exceeding $1,000. The Governor shall by executive proclamation designate the boundaries of the community to which the reward shall apply. The reward shall be paid out of the Governor's general emergency fund.
CREDIT(S)
HISTORY: 1952 c 163, § 1, eff. 6-19-52
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.260
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.260 Cutting and taking timber--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1201, 1244
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.270
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.270 Unlawfully mining or removing coal--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1244a-1
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.280
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.280 Taking or destroying tobacco plants--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1201a
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.290
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.290 Receiving stolen property--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1199
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.300
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.300 Receiving property pertaining to military establishment of state--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 2711a-206
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.310
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.310 Enticing another to breach contract to labor--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1349
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.320
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.320 Willfully damaging watercraft--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1198
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.330
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.330 Maliciously damaging salt works--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1229
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.340
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.340 Damaging levee--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1972 c 67, § 1; 1942 c 208, § 1; KS 938a-11
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.350
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.350 Damaging state-operated bridge or ferry--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 4356zb-1
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.360
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.360 Damaging railway, lock, dam or bridge--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1227
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.370
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.370 Hindering transportation by violence--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 802, 804
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.380
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.380 Hindering transportation by coercion, intimidation, trespass--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 803, 804
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.390
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.390 Displacing or damaging railroad track, switch, bridge--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 807
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.395
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.395 Trespass upon posted railroad property; liability of parent for knowingly permitting trespass by child; exceptions--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1952 c 48, § 1 to 3
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.400
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.400 Unlawfully tampering with railroad car or locomotive; uncoupling train--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1944 c 148; 1942 c 208, § 1; KS 807a
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.410
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.410 Interfering with interurban electric railroad; damaging reservoir--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 842a-6
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.420
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.420 Willfully obstructing street railroad--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1342
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.430
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.430 Interfering with communications--Repealed
CREDIT(S)
HISTORY: 1980 c 49, § 22, eff. 7-15-80; 1974 c 406, § 320; 1942 c 208, § 1; KS 1231
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.440
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.440 Willfully obstructing road--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1241
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.450
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.450 Removal of injurious substance from highway--Repealed
CREDIT(S)
HISTORY: 1980 c 49, § 22, eff. 7-15-80; 1974 c 406, § 321; 1960 c 178, § 1; 1942 c 208, § 1; KS 2739g-57, 2739g-69ee
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.460
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.460 Willfully causing explosion on another's property--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1960 c 42; 1942 c 208, § 1; KS 1375
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.470
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.470 Supplier of dynamite to keep register--Repealed
CREDIT(S)
HISTORY: 1976 c 143, § 14, eff. 6-19-76; 1942 c 208, § 1; KS 1374
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.480
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.480 Willfully damaging public building--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1258
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.490
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.490 Fines for trespass on or injury to public property of the state or a county--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 3951
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.500
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.500 Damaging state capitols or office buildings; creating nuisance--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1261, 1262
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.510
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.510 Grazing livestock on capitol grounds--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1260a
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.520
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.520 Wrongfully converting electric current; tampering with meter--Repealed
CREDIT(S)
HISTORY: 1942 c 46, § 6, 7, eff. 6-1-42; 1942 c 208, § 1; KS 1262a-1
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.521
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.521 Wrongful conversion of water, electricity or gas; tampering with meter--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 46, § 1
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.522
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.522 Damaging meter, conduit or other apparatus--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 46, § 2
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.523
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.523 Possession of contrivance for tampering with meter--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 46, § 3
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.524
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.524 Knowingly receiving benefit of water, electricity or gas wrongfully diverted--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 46, § 4
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.525
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.525 Indictment may embrace several acts--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 46, § 5
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.530
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.530 Injuring electrical machinery--Repealed
CREDIT(S)
HISTORY: 1942 c 46, § 6, 7, eff. 6-1-42; 1942 c 208, § 1; KS 1262a-2
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.531
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.531 Manufacture, use, possession, transportation or transfer of equipment for theft of telecommunication service--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1966 c 149, § 1
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.533
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.533 Equipment for theft of telecommunication service; search warrant for; destruction--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1966 c 149, § 2
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.540
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.540 Possession of contrivance to tamper with meter--Repealed
CREDIT(S)
HISTORY: 1942 c 46, § 6, 7, eff. 6-1-42; 1942 c 208, § 1; KS 1262a-3
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.550
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.550 Knowingly receiving benefit of current wrongfully diverted--Repealed
CREDIT(S)
HISTORY: 1942 c 46, § 6, 7, eff. 6-1-42; 1942 c 208, § 1; KS 1262a-4
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.560
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.560 Indictment may embrace several acts--Repealed
CREDIT(S)
HISTORY: 1942 c 46, § 6, 7, eff. 6-1-42; 1942 c 208, § 1; KS 1262a-5
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.570
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.570 Wrongfully converting water; tampering with meter--Repealed
CREDIT(S)
HISTORY: 1942 c 46, § 6, 7, eff. 6-1-42; 1942 c 208, § 1; KS 1252a-1
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.580
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.580 Damaging meter, pipe, conduit, hydrant--Repealed
CREDIT(S)
HISTORY: 1942 c 46, § 6, 7, eff. 6-1-42; 1942 c 208, § 1; KS 1252a-2
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.590
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.590 Possession of contrivance to tamper with meter--Repealed
CREDIT(S)
HISTORY: 1942 c 46, § 6, 7, eff. 6-1-42; 1942 c 208, § 1; KS 1252a-3
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.600
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.600 Knowingly receiving benefit of water wrongfully diverted--Repealed
CREDIT(S)
HISTORY: 1942 c 46, § 6, 7, eff. 6-1-42; 1942 c 208, § 1; KS 1252a-4
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.610
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.610 Indictment may embrace several acts--Repealed
CREDIT(S)
HISTORY: 1942 c 46, § 6, 7, eff. 6-1-42; 1942 c 208, § 1; KS 1252a-5
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.615
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.615 Tampering with parking meter, coin telephone or vending machine; possession of key or device designed to open same--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1972 c 328, § 1
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.620
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.620 Tampering with vehicle--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 2739g-54, 2739g-65
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.630
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.630 Damaging or removing part of vehicle--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 2739g-55, 2739g-65
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.640
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.640 Defacing or altering motor vehicle or farm tractor serial number--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1952 c 15; 1942 c 208, § 1; KS 2739g-56
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.650
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.650 Disinterring human body--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1335
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.660
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.660 Violating graves--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1336
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.670
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.670 Permitting livestock to graze in graveyard--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; 1873 c 956
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.680
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.680 Damaging literary work in public custody--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1264
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.690
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.690 Wrongfully entering park; injuring deer, elk or buffalo--Repealed
CREDIT(S)
HISTORY: 1980 c 49, § 22, eff. 7-15-80; 1942 c 208, § 1; KS 1250
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.700
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.700 Shooting, hunting or fishing on land of another--Repealed
CREDIT(S)
HISTORY: 1960 c 74, § 3, eff. 6-16-60; 1942 c 208, § 1; KS 1259
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.710
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.710 Fishing in or destroying private fish pond--Repealed
CREDIT(S)
HISTORY: 1980 c 49, § 22, eff. 7-15-80; 1942 c 208, § 1; KS 1252
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.720
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.720 Trespassing; liabilities of hunters and land owners--Repealed
CREDIT(S)
HISTORY: 1980 c 49, § 22, eff. 7-15-80; 1974 c 406, § 322; 1966 c 71, § 1; 1964 c 162, § 1; 1942 c 208, § 1; KS 1228a
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.730
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.730 Leaving gate open or removing fence; stealing fruit or vegetables--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1260
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.740
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.740 Destroying or damaging trees; quarrying stone; damaging vegetables or fence--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1257
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.750
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.750 Injuring public property or right of way
Any person who picks, pulls, digs, tears up, cuts, breaks, burns or otherwise damages any tree, shrub, flower, vine, bush or turf on the right of way of any state highway or county road or upon any land set aside, dedicated or maintained by this state as a public park or as a refuge or sanctuary for wild animals, birds or fish, without having first obtained permission in writing of the engineer having charge of the maintenance of the highway, or the superintendent or custodian of the park, refuge or sanctuary shall be fined not less than $25 nor more than $300.
CREDIT(S)
HISTORY: 1966 c 23, § 76, eff. 6-16-66; 1966 c 255, § 283; 1960 c 178, § 2, c 49; 1942 c 208, § 1; KS 1257-1
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.753
Effective: June 26, 2007
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.753 Criminal littering on public highway; rewards for information
(1) When any paper, waste material, litter, or other refuse is thrown or dropped from a motor vehicle, the operator thereof shall be deemed prima facie to be guilty of criminal littering.
(2) It shall be the duty of the Department of Kentucky State Police, county sheriffs and police officers, solid waste coordinators appointed by a county or waste management district, city police officers, and all other law enforcement and peace officers within their respective jurisdictions, to enforce the criminal littering laws and the provisions of KRS 224.40-100.
(3) Any city or county may offer and pay rewards for the giving of information leading to the arrest and conviction of any person, firm, or corporation for commission of the offense of criminal littering.
(4) 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.
CREDIT(S)
HISTORY: 2007 c 85, § 316, eff. 6-26-07; 2002 c 342, § 8, eff. 7-15-02; 1974 c 406, § 332, eff. 1-1-75; 1966 c 23, § 77
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.757
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.757 Littering public waters; reward for information
(1) When any litter as defined in KRS 512.010 is thrown or dropped from a motorboat or vessel as defined in KRS 235.010, the operator thereof shall be deemed prima facie to have violated KRS 512.070.
(2) It shall be the duty of officers of the Department of Fish and Wildlife Resources as provided in KRS 235.010 and KRS Chapter 150 and all other law enforcement and peace officers of the Commonwealth and its political subdivisions and solid waste coordinators to enforce the provisions of KRS 512.070.
(3) Any city or county may offer and pay rewards for the giving of information leading to the arrest and conviction of any person, firm, or corporation for a violation of KRS 512.070.
(4) 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.
CREDIT(S)
HISTORY: 2002 c 342, § 9, eff. 7-15-02; 1998 c 23, § 17, eff. 7-15-98; 1974 c 406, § 323, eff. 1-1-75; 1974 c 292, § 25, eff. 6-21-74; 1972 c 273, § 7; 1966 c 23, § 78
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.760
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.760 Damaging bridge, guideboard, road, ditch, monument or bench--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 4343, 4349
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.770
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.770 Willfully removing or damaging boundary marker
(1) Any person who fraudulently and willfully removes, defaces, cuts down, or destroys a cornertree, post, cornerstone, or any monument erected to designate the boundary of this state, or of any county or city, or the boundary of any tract or lot of land, shall be guilty of a Class D felony and shall cause the marker, at his or her own expense, to be reestablished by a professional land surveyor.
(2) Any person who willfully and knowingly, but without a felonious intent, removes, defaces, cuts down, or destroys a tree, post, stone, or any monument erected to designate the boundaries of this state or of any county or city, or the boundaries of any tract or lot of land, shall cause the marker, at his or her own expense, to be reestablished by a professional land surveyor.
CREDIT(S)
HISTORY: 1998 c 214, § 42, eff. 1-1-99; 1992 c 463, § 46, eff. 7-14-92; 1942 c 208, § 1; KS 1228, 1256
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.780
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.780 Occupant of shanty boat landing on private premises--Repealed
CREDIT(S)
HISTORY: 1980 c 49, § 22, eff. 7-15-80; 1942 c 208, § 1; KS 1265
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.790
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.790 Occupant of shanty boat stealing from private premises--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1266
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.800
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.800 Altering or defacing brands--Repealed
CREDIT(S)
HISTORY: 1980 c 49, § 22, eff. 7-15-80; 1974 c 406, § 324; 1942 c 208, § 1; KS 1245
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.810
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.810 Injuring, poisoning or killing cattle--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1240, 1249
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.820
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.820 Attempting to poison honey bees--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1247
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.830
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.830 Killing or wounding pet deer--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1251
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.840
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.840 Injuring homing or carrier pigeon--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1376p-1
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.850
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.850 Railroad engineer killing or crippling livestock--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1248
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.860
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.860 Erecting or maintaining spite fence--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1788a-1 to 1788a-4
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.865
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
433.865 Theft of dairy equipment
(1) A person is guilty of theft of milk cases, cabinets, or other dairy equipment by unlawful taking or disposition when he:
(a) Receives, takes, stores, buys, sells, disposes of, uses, or otherwise possesses any milk case, milk cabinet, or other dairy equipment without the consent of the owner;
(b) Refuses to return any milk case, cabinet, or other dairy equipment to the owner upon demand; or
(c) Defaces, erases, obliterates, covers up, or otherwise removes or conceals any name, registered trademark, or other business identification of an owner of a milk case, cabinet, or other dairy equipment for the purpose of destroying or removing from the milk case, cabinet, or other dairy equipment evidence of its ownership.
(2) Theft of milk cases, cabinets, or other dairy equipment is punishable by a minimum fine of one hundred dollars ($100) and a maximum fine of three hundred dollars ($300).
CREDIT(S)
HISTORY: 1988 c 305, § 1, eff. 7-15-88
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.870
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
Cave Protection
433.870 Defacing or carrying away formation in cave exhibited to public--Repealed
CREDIT(S)
HISTORY: 1988 c 168, § 9, eff. 7-15-88; 1948 c 219
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.871
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
Cave Protection
433.871 Definitions
As used in this chapter, the following words shall have the meanings stated unless the context requires otherwise:
(1) “Cave” means any naturally occurring void, cavity, recess, or system of interconnecting passages beneath the surface of the earth containing a black zone including natural subterranean water and drainage systems, but not including any mine, tunnel, aqueduct, or other man-made excavation, which is large enough to permit a person to enter. The term “cave” includes or is synonymous with “cavern.”
(2) “Commercial cave” means any cave utilized by the owner for the purposes of exhibition to the general public, whether as a profit or nonprofit enterprise, wherein a fee for entry is collected.
(3) “Gate” means any structure or device situated so as to limit or prohibit access or entry to any cave.
(4) “Person” or “persons” means any individual, partnership, firm, association, trust, or corporation or other legal entity.
(5) “Owner” means a person who owns title to land wherein a cave is located, including a person who owns title to a leasehold estate in the land and specifically including the Commonwealth and any of its agencies, departments, boards, bureaus, commissions, or authorities as well as counties, municipalities and other political subdivisions of the Commonwealth.
(6) “Speleothem” means a natural mineral formation or deposit occurring in a cave. This shall include or be synonymous with, but not restricted to stalagmite, stalactite, helectite, shield, anthodite, gypsum flower and needle, angel's hair, soda straw, drapery, bacon, cave pearl, popcorn, coral, rimstone dam, column, palette, flowstone, et cetera.
(7) “Speleogen” means an erosional feature of the cave boundary and includes or is synonymous with, but not limited to anastomoses, scallops, rills, flutes, spongework, boxwork, and pendants.
(8) “Material” means all or any part of any archaeological, paleontological, biological, or historical item including, but not limited to, any petroglyph, pictograph, basketry, human remains, tool, beads, pottery, projectile point, remains of historical mining activity or any other occupation, found in any cave.
(9) “Cave life” means any life form which normally occurs in, uses, visits, or inhabits any cave or subterranean water system, excepting those animals and species covered by any of the game laws of the Commonwealth of Kentucky.
(10) “Troglobitic” means or refers to any form of cave life specifically adapted to the cave environment and which carries out its entire life cycle in the cave.
(11) “Troglophilic” means or refers to any form of cave life which, although lacking specific biological adaptations necessary for permanent residence in any cave, carries out at least a portion of its life cycle in the cave.
CREDIT(S)
HISTORY: 1988 c 168, § 1, eff. 7-15-88
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.873
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
Cave Protection
433.873 Wrongful disturbance or damage to cave surfaces or material found therein
(1) It shall be unlawful for any person, without the express, prior, written permission of the owner, to willfully and knowingly:
(a) Break, break off, crack, carve upon, write, burn, or otherwise mark upon, remove, or in any manner destroy, disturb, deface, mar or harm the surfaces of any cave or any material which may be found therein, notwithstanding whether such material is attached or broken, including speleothems, speleogens, and sedimentary deposits. The provisions of this section shall not prohibit minimal disturbance for scientific exploration.
(b) Break, force, tamper with or otherwise disturb a door, lock, gate, or other obstruction designed to control or prevent access to any cave, even though entrance thereto may not be gained.
(c) Place any gate or other obstruction which may restrict the movement of air or animals through such device.
(d) Deface, tamper with or remove a sign stating that a cave is posted or citing provisions of this chapter.
(e) Excavate, remove, destroy, injure, deface, or in any other manner disturb any burial grounds, historic or prehistoric resources, archaeological or paleontological site or any part thereof, including fossils, bones, relics, inscriptions, saltpeter workings, remains of historical human activity, or any other such features which may be found in any cave, except those caves owned by the Commonwealth or designated as Commonwealth archaeological sites or zones, and which are subject to the provisions of KRS 164.705 to 164.735.
(2) The entering or remaining in a cave which has not been posted by the owner shall not by itself constitute a violation of this section.
CREDIT(S)
HISTORY: 1988 c 168, § 2, eff. 7-15-88
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.875
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
Cave Protection
433.875 Unlawful dumping, disposal or burning within cave
It shall be unlawful to store, dump, litter, dispose of or otherwise place any refuse, garbage, dead animals, sewage, toxic substances harmful to cave life or humans, or to store other such similar materials in any quantity in any cave. It shall also be unlawful to burn within a cave any material which produces any smoke or gas which is harmful to any naturally occurring organisms in the cave, except acetylene gas produced by carbide lamps.
CREDIT(S)
HISTORY: 1988 c 168, § 3, eff. 7-15-88
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.877
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
Cave Protection
433.877 Unlawful removal or disturbance of naturally occurring organisms in cave
(1) It shall be unlawful to remove, kill, harm, or otherwise disturb any naturally occurring organism found within any cave, except for safety or health reasons. Scientific collecting permits may be obtained from the state nongame biologist.
(2) It shall also be unlawful to collect any form of troglobitic or troglophilic cave life for commercial sale, whether or not a profit is gained by such sale.
CREDIT(S)
HISTORY: 1988 c 168, § 4, eff. 7-15-88
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.879
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
Cave Protection
433.879 Excavation permits; requirements; supervision by state archaeologist and Kentucky Heritage Council
(1) In addition to the written permission of the owner required by KRS 433.873(1), a person shall also obtain a permit from the state archaeologist prior to excavating or removing any archaeological, paleontological, prehistoric or historic feature of any cave. The state archaeologist shall issue a permit to excavate or remove such a feature if he finds that it is in the best interest of the Commonwealth and that the applicant meets the criteria of this section and is an historic, scientific or educational institution, professional archaeologist or amateur who is qualified and recognized in the areas of field investigations or archaeology. The permit shall be issued for a period of two (2) years and may be renewed upon expiration. The permit shall not be transferable; however, the provisions of this section shall not preclude any person from working under the direct supervision of the permittee.
(2) All field investigations, explorations or recovery operations undertaken under this section shall be carried out under the general supervision of the state archaeologist and the Kentucky Heritage Council and in a manner to ensure that the maximum amount of historic, scientific, archaeologic, and educational information may be recovered and preserved in addition to the physical recovery of objects.
(3) A person applying for a permit pursuant to this section shall:
(a) Have knowledge of archaeology, paleontology or history as qualified in subsection (1) of this section;
(b) Provide a detailed statement to the state archaeologist giving the reasons and objectives for excavation or removal and the benefits expected to be obtained from the contemplated work;
(c) Provide data and results of any completed excavation, study, or collection at the first of each calendar year;
(d) Obtain the prior written permission of the owner if the site of the proposed excavation is on privately owned land; and
(e) Carry the permit while exercising the privileges granted.
CREDIT(S)
HISTORY: 1988 c 168, § 5, eff. 7-15-88
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.881
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
Cave Protection
433.881 Unlawful sale of speleothems
It shall be unlawful for any person to sell or offer for sale any speleothems in this Commonwealth, export them for sale outside the Commonwealth, or import speleothems into the Commonwealth for sale.
CREDIT(S)
HISTORY: 1988 c 168, § 6, eff. 7-15-88
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.883
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
Cave Protection
433.883 Cave owner or his agent not to be held liable
(1) Neither the owner of a cave nor his authorized agents acting within the scope of their authority shall be liable for injuries sustained by any person using the cave for recreational or scientific purposes if no charge has been made for the use of the cave, notwithstanding that an inquiry may have been made as to the experience or expertise of the person or persons seeking consent.
(2) Nothing in this section shall be construed to constitute a waiver of the sovereign immunity of the Commonwealth or any of its boards, departments, bureaus or agencies.
CREDIT(S)
HISTORY: 1988 c 168, § 7, eff. 7-15-88
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.885
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
Cave Protection
433.885 Penalties
(1) Any violation of KRS 433.873 to 433.877 or 433.879(1) shall be punished as a Class A misdemeanor.
(2) Any violation of KRS 433.879(3) or 433.881 shall be punished as a Class B misdemeanor.
CREDIT(S)
HISTORY: 1988 c 168, § 8, eff. 7-15-88
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.890
Effective: June 8, 2011
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
Purchases of Metal and Objects Containing Metal
433.890 Duties of purchasers of metal and objects containing metal; exclusions
(1) Every recycler, dealer in junk or metals, dealer in secondhand articles, vendor of bottles or rags, collector of or dealer in articles found in ashes, garbage, or other refuse, whether such dealers, collectors, or vendors have established places of business or operate a business of an itinerant nature, shall, with regard to any catalytic converter, metal beverage container that is capable of holding more than two (2) liters of beverage and is marketed as returnable, railroad rails, nonferrous metal or an alloy thereof, or an object containing nonferrous metal or an alloy thereof:
(a) Keep a register that contains:
1. A photocopy of a valid driver's license or other government-issued identification card or document which contains the name, photograph, and signature of the seller. If the purchaser has a copy of the seller's valid photo identification on file, it shall not be necessary for the purchaser to make another copy of the identification document for each purchase if the purchaser references the number on the identification document in the register at the time of each purchase; and
2. The state and license number of the motor vehicle used to transport the purchased catalytic converter, metal beverage container that is capable of holding more than two (2) liters of beverage and is marketed as returnable, railroad rail, nonferrous metal or an alloy thereof, or object containing nonferrous metal or an alloy thereof, to the place of purchase, which shall be provided by the seller of the items;
3. The time and date of the transaction;
4. A description in the usage of the trade of the kind and weight of the railroad rail, nonferrous metal or an alloy thereof, or object containing the nonferrous metal or an alloy thereof purchased; and
5. The amount paid for the material and the unit basis of the purchase, such as by ounce or pound, etc.;
(b) Not purchase any metal that has been smelted, burned, or melted unless, in addition to the other requirements of this subsection, the seller provides the following, and the purchaser maintains a copy thereof:
1. A signed certificate of ownership stating that he or she is the owner of the metal and is entitled to sell it; or
2. A signed certificate from the owner of the metal stating that he or she is the owner of the metal, and that the person selling the metal is authorized to sell the metal on behalf of the owner;
(c) Not purchase any catalytic converter, metal beverage container that is capable of holding more than two (2) liters of beverage and is marketed as returnable, railroad rail, nonferrous metal or an alloy thereof, or an object containing nonferrous metal or an alloy thereof from a person who:
1. Is less than eighteen (18) years of age; or
2. Is unable or refuses to provide the identification and information required in paragraph (a) of this subsection;
(d) Retain the information required by this section for a period of two (2) years, after which time, the information may be retained, destroyed in a manner that protects the identity of the owner of the property and the seller of the property, or transferred to a law enforcement agency specified in paragraph (g) of this subsection;
(e) If the purchaser ceases business, transfer all records and information required by this section to a law enforcement agency specified in paragraph (g) of this subsection;
(f) Permit any peace officer to inspect the register, and if the peace officer deems it necessary to locate specific stolen property, may inspect the catalytic converter, metal beverage and container that is capable of holding more than two (2) liters of beverage is marketed as returnable, railroad rail, nonferrous metal or an alloy thereof, or object containing nonferrous metal or an alloy thereof received during business hours;
(g) Upon written request of the sheriff or chief of police, as appropriate, make a report containing the information required to be retained in the register under paragraph (a) of this subsection in person, in digital format, in writing, or by electronic means within twenty-four (24) hours of the transaction to:
1. The sheriff of the county in which the purchase was made and the sheriff of the county in which the business is located; and
2. When the purchase was made in a city, county, urban-county, charter county, consolidated local government, or unified local government, to the police department of the city, county, urban-county, charter county, consolidated local government, or unified local government in which the purchase is made and the police department of the city, county, urban-county, charter county, consolidated local government, or unified local government in which the business is located, unless there is no police department in that jurisdiction;
(h) Comply with a written request pursuant to paragraph (g) of this subsection until a written notice to cease sending the reports required by paragraph (g) of this subsection is received by the purchaser. A request may relate to:
1. All records of purchases;
2. Records of a specific class of metals or items purchased;
3. Records of purchases during a specific period of time; or
4. Records of a specific purchase or purchases; and
(i) Retain the property in its original form or a photograph or digital image of the property for a period of three (3) business days from the date of purchase unless notified by a peace officer having reasonable cause to believe that the property may be stolen property, in which case, the property may be seized as evidence by the peace officer or, if not seized, shall be retained for an additional thirty (30) days unless earlier notified by a peace officer that the property may be sold;
(2) A sheriff or police department receiving records pursuant to this section shall retain the records for two (2) years, after which time, it may either retain or destroy the records in a manner that protects the identity of the owner of the property, the seller of the property, and the purchaser of the property.
(3) Any record required to be made or reported pursuant to this section may be kept and reported in hard copy or digital or in electronic format.
(4) This section shall not apply to the purchase, sale, or transfer of:
(a) A motor vehicle, aircraft, or other item that is licensed by the state or federal government pursuant to a legitimate transfer of title or issuance of a junk title;
(b) A firearm, part of a firearm, firearm accessory, ammunition, or ammunition component;
(c) A knife, knife parts, accessory or sheath for a knife, or knifemaking products;
(d) A nonreturnable used beverage container or food container;
(e) Jewelry, household goods containing metal, garden tools, and similar household items, except for a catalytic converter or metal beverage container that is capable of holding more than two (2) liters of liquid and which is marketed as returnable, which takes place at a flea market or yard sale;
(f) A single transaction involving a purchase price of ten dollars ($10) or less, but more than two (2) transactions with the same person involving a purchase price of ten dollars ($10) or less in one (1) seven (7) day period shall be reportable transactions;
(g) Material disposed of as trash or refuse that contains or may contain a catalytic converter, metal beverage container that is capable of holding more than two (2) liters of beverage and is marketed as returnable, railroad rail, nonferrous metals or an alloy thereof, or an object that contains or may contain a railroad rail or nonferrous metals or an alloy thereof, which is collected by a municipal waste department or by a licensed waste hauler and no payment is made to the person from whom the material is collected by the person or agency collecting the material;
(h) A catalytic converter, metal beverage container that is capable of holding more than two (2) liters of beverage and marketed as returnable, railroad rail, nonferrous metal or alloy thereof, or an object containing railroad rail, nonferrous metal, or an alloy thereof from a person who has maintained a record pursuant to this section to a person who is to further recycle the metal or object containing the metal;
(i) A catalytic converter, metal beverage container that is capable of holding more than two (2) liters of beverage and marketed as returnable, railroad rail, nonferrous metal or an alloy thereof, or object containing nonferrous metal or an alloy thereof under a written contract with an organization, corporation, or association registered with the Commonwealth as a charitable, philanthropic, religious, fraternal, civic, patriotic, social, or school sponsored organization;
(j) A purchase, pursuant to a written contract, from a manufacturing, industrial or other commercial vendor that generates catalytic converters, metal beverage containers capable of holding more than two (2) liters of beverage and which are marketed as returnable, railroad rail, nonferrous metal or an alloy thereof, or object containing nonferrous metal in the ordinary course of business;
(k) An item purchased by, pawned to, or sold by a pawnbroker licensed pursuant to KRS Chapter 226, engaging in the business authorized by that chapter; or
(l) Any ferrous metal item, except for a catalytic converter, metal beverage container that is capable of holding more than two (2) liters of beverage and is marked as returnable, or railroad rails.
CREDIT(S)
HISTORY: 2011 c 8, § 1, eff. 6-8-11; 2008 c 83, § 1, eff. 7-15-08
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.892
Effective: July 15, 2008
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
Purchases of Metal and Objects Containing Metal
433.892 Failure to maintain register of metals and objects containing metal; penalty
(1) A person is guilty of failure to maintain a register of metals and objects containing metal when the person fails or refuses to:
(a) Obtain the information required by KRS 433.890;
(b) Keep the records required by KRS 433.890 for the period of time required in KRS 433.890;
(c) Provide the required records to the police department or sheriff as required by KRS 433.890;
(d) Provide access to a peace officer to records required to be kept pursuant to KRS 433.890; or
(e) Dispose of the records required to be maintained pursuant to KRS 433.890 in a manner meeting the requirements of KRS 433.890.
(2) A person guilty of failure to maintain a register of metals and objects containing metal shall be fined not more than one hundred dollars ($100) or be imprisoned in the county jail for not more than thirty (30) days, or both.
CREDIT(S)
HISTORY: 2008 c 83, § 2, eff. 7-15-08
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.894
Effective: July 15, 2008
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
Purchases of Metal and Objects Containing Metal
433.894 Unlawful acts relating to purchase or disposition of metals; penalty
(1) A person is guilty of unlawful acts relating to purchase or disposition of metals when the person violates any provision of KRS 433.890 other than the recordkeeping provisions.
(2) A person guilty of unlawful acts relating to the purchase or disposition of metals shall be fined not more than one hundred dollars ($100) or imprisoned in the county jail for not more than thirty (30) days, or both.
CREDIT(S)
HISTORY: 2008 c 83, § 3, eff. 7-15-08
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.896
Effective: July 15, 2008
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
Purchases of Metal and Objects Containing Metal
433.896 Providing fraudulent information for the sale of metals; penalty
(1) A person is guilty of providing fraudulent identification for the sale of metals when the person provides to any person required to keep a record of the purchase of metals pursuant to KRS 433.890:
(a) A false name or other information required to be disclosed;
(b) A false, fraudulent, altered, or counterfeit identification document;
(c) A false, fraudulent, altered, or counterfeit vehicle license plate; or
(d) A false, fraudulent, altered, or counterfeit ownership document.
(2) Providing fraudulent identification for the sale of metals is a Class A misdemeanor.
CREDIT(S)
HISTORY: 2008 c 83, § 4, eff. 7-15-08
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.900
Effective: July 12, 2012
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
Secondary Metals Recyclers
433.900 Definitions for KRS 433.900 to 433.906
As used in KRS 433.900 to 433.906, unless the context otherwise requires:
(1) “Applicant” means a secondary metals recycler seeking an application for a certificate of registration with the Office of Occupations and Professions of the Public Protection Cabinet, as provided in 433.902. If the secondary metals recycler is owned by a corporation, limited liability corporation, limited liability partnership, incorporated association, or any other entity organized for the purpose of engaging in business as a secondary metals recycler, “applicant” means the officers of these entities;
(2) “Ferrous metals” means any metal containing significant quantities of iron or steel;
(3) “Nonferrous metals” means metal not containing significant quantities of iron, including but not limited to copper, brass, aluminum, bronze, lead, zinc, nickel, and alloys thereof;
(4) “Name-based background check” means a statewide search of the centralized criminal history record information system by the Department of Kentucky State Police, utilizing the name, date of birth, and Social Security number of the applicant;
(5) “Restricted metals” means any of the following metal items:
(a) Manhole covers;
(b) Electric light poles or other utility poles;
(c) Guardrails;
(d) Street signs, traffic signs, or traffic signals;
(e) Whole road tiles;
(f) Funeral markers or funeral vases;
(g) Railroad equipment, including but not limited to a tie plate, signal house, control box, switch plate, e-clip, or rail tie junction;
(h) Condensing or evaporating coils made from copper, aluminum, or aluminum-copper, including the tubing or rods from a heating or air conditioning unit that is not from a window air conditioning unit or automobile air conditioning unit;
(i) Stainless steel beer kegs;
(j) A catalytic converter or any nonferrous part of a catalytic converter unless purchased as part of a vehicle; or
(k) Storm drain covers; and
(6) (a) “Secondary metals recycler” means:
1. Any person who is engaged in the business of gathering or obtaining ferrous or nonferrous metals that have served their original economic purpose or is in the business of performing the manufacturing process by which ferrous metals or nonferrous metals are converted into raw material products consisting of prepared grades and having an existing or potential monetary value;
2. Any person who has facilities for performing the manufacturing process by which ferrous metals or nonferrous metals are converted into raw material products consisting of prepared grades and having an existing or potential monetary value, other than by the exclusive use of hand tools, by methods including but not limited to processing, sorting, cutting, classifying, cleaning, baling, wrapping, shredding, shearing, or changing the physical form or chemical content thereof; or
3. Any recycler, dealer in junk or metals, dealer in secondhand articles, vendor of bottles or rags, or collector of or dealer in articles found in ashes, garbage, or other refuse, whether a dealer, collector, or vendor operates an established place of business or an itinerant business.
(b) “Secondary metals recycler” shall not include a municipal solid waste department or any entity which has been issued a municipal solid waste transporter license by the Kentucky Transportation Cabinet and which gathers or obtains ferrous or nonferrous metals in a vehicle registered in Kentucky to transport solid waste.
CREDIT(S)
HISTORY: 2012 c 91, § 1, eff. 7-12-12
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.902
Effective: July 12, 2012
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
Secondary Metals Recyclers
433.902 Secondary metals recycler to obtain certificate of registration from Office of Occupations and Professions; application; name-based background check; fees; annual renewal; display of certificate; administrative regulations
(1) (a) Each secondary metals recycler shall submit to a name-based background check as provided in subsection (2) of this section and obtain a certificate of registration from the Office of Occupations and Professions of the Public Protection Cabinet within sixty (60) days of the effective date of administrative regulations promulgated pursuant to this section.
(b) The application for certificate of registration shall be in a form and format determined by the Office of Occupations and Professions of the Public Protection Cabinet and shall contain at a minimum the following:
1. The name of the secondary metals recycling business;
2. The name or names of each applicant;
3. The address of each secondary metals recycling business owned by the applicant; and
4. Contact information for the purposes of KRS 433.906.
(c) Any person listed on an application for a certificate of registration shall be at least eighteen (18) years of age prior to the date that the application is submitted.
(d) Any corporation, limited liability corporation, limited liability partnership, incorporated association, or any other entity engaged in business as, or organized for the purpose of engaging in business as, a secondary metals recycler submitting an application must be organized and qualified to do business in the Commonwealth.
(e) The Office of Occupations and Professions of the Public Protection Cabinet shall charge each applicant a reasonable fee established by administrative regulation equal to the actual administrative costs of processing an application for a certificate of registration.
(f) If an applicant is the owner of more than one (1) secondary metals recycling location, the Office of Occupations and Professions of the Public Protection Cabinet shall charge a fee for each location that is no greater than the actual administrative costs of processing the application for certificate of registration. Upon approval of the application, the Office of Occupations and Professions of the Public Protection Cabinet shall issue a certificate of registration for each location.
(g) Each applicant that receives a certificate of registration from the Office of Occupations and Professions of the Public Protection Cabinet as provided in this section shall be required to pay an annual renewal fee equal to the actual administrative costs of processing the renewal of the certificate for registration.
(h) The list of secondary metals recyclers registered with the Office of Occupations and Professions of the Public Protection Cabinet as provided in this section shall be public information and available upon written request to the Office of Occupations and Professions of the Public Protection Cabinet.
(2) (a) Prior to approval of the application, the Office of Occupations and Professions of the Public Protection Cabinet shall require a name-based background check on each applicant.
(b) Each applicant shall provide written authorization to the Department of Kentucky State Police to perform a name-based background check and release the results to the Office of Occupations and Professions of the Public Protection Cabinet.
(c) Any request for a name-based background check shall be on a form or through a process approved by the Department of Kentucky State Police, which may charge a fee to be paid by the applicant in an amount no greater than the actual cost of processing the request.
(d) The Office of Occupations and Professions of the Public Protection Cabinet shall not issue a certificate of registration to an applicant if the name-based background check results reveal that the applicant has been convicted of, or entered a plea of guilty, an Alford plea, or a plea of nolo contendere to, a felony involving theft, larceny, dealing in stolen property, receiving stolen property, burglary, embezzlement, or obtaining property by false pretenses, any felony drug offense, or knowingly and intentionally violating the laws of the Commonwealth relating to registration as a secondary metals recycler.
(3) A secondary metals recycler's certificate of registration shall be conspicuously displayed at the location of the secondary metals recycler listed on the application for certificate of registration or at each location if the secondary metals recycler owns more than one (1) business location.
(4) The Office of Occupations and Professions of the Public Protection Cabinet shall promulgate administrative regulations in accordance with KRS Chapter 13A to implement the provisions of this section.
(5) The Office of Occupations and Professions of the Public Protection Cabinet shall not be responsible for any disciplinary action against any secondary metals recycler seeking an application for certificate of registration.
CREDIT(S)
HISTORY: 2012 c 91, § 2, eff. 7-12-12
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.904
Effective: July 12, 2012
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
Secondary Metals Recyclers
433.904 Requirements for purchase of restricted metals by secondary metals recycler; cash transactions prohibited; payment to be made by check; daily reports to sheriff and police; confidentiality of information; proof of ownership of restricted metals; applicability
(1) (a) A secondary metals recycler shall not enter into any cash transaction for the purchase of any restricted metals as defined in KRs 433.900.
(b) Payment by a secondary metals recycler for the purchase of restricted metals shall be made by check issued to the seller and payable to the seller.
(c) Each check for payment shall be mailed by the secondary metals recycler directly to the street address of the seller. Payment shall not be mailed to a post office box.
(d) Each check shall be mailed by the secondary metals recycler to the seller no sooner than one (1) day after the purchase transaction.
(2) At the close of each business day, a secondary metals recycler shall make a report describing any purchases of restricted metals as defined in KRS 433.900, in digital format, in writing, or by other electronic means to:
(a) The sheriff of the county in which the purchase transaction was made by a secondary metals recycler and the sheriff of the county where the secondary metals recycler is located; and
(b) The police department of the city, county, charter county government, urban-county government, consolidated local government, or unified local government in which the purchase transaction was made and the police department of the city, county, charter county government, urban-county government, consolidated local government, or unified local government in which the secondary metals recycler is located.
The information required by this subsection shall remain confidential, and this information shall include the following disclosure: “This information is for the designated recipient only and may contain privileged, proprietary, or otherwise private information. If you are not the intended recipient of this information, you are hereby notified that any use, distribution, copying, or disclosure of this communication is strictly prohibited. If you have received this information in error, please notify the sender and purge the communication immediately.”
(3) A secondary metals recycler shall not purchase any restricted metals without obtaining reasonable proof that the seller owns the property, such as a receipt or bill of sale, or reasonable proof that the seller is an employee, agent, or contractor of a governmental entity, utility company, cemetery, railroad, manufacturer, or other person, business, or entity owning the property and that the seller is authorized to sell the item of restricted metal. A secondary metals recycler may retain on file an official document on the letterhead of the person, business, or entity indicating that the seller is authorized to sell the restricted metal item. Such a letter must be dated within three hundred sixty-five (365) days of the transaction.
(4) The requirements for the purchase of restricted metals according to the provisions of subsections (1) and (2) of this section shall also apply to the purchase of copper wire or coaxial cable belonging to a utility or cable provider, such as communication, transmission, distribution, or service wire, by a secondary metals recycler.
(5) The provisions of subsections (1) and (3) of this section shall not apply to nonreturnable used beverage containers.
(6) The provisions of this section shall not apply to the following:
(a) The purchase of restricted metals from a secondary metals recycler;
(b) The purchase of restricted metals from an organization, corporation, or association registered with the Commonwealth as a charitable, philanthropic, religious, fraternal, civic, patriotic, social, or school-sponsored organization;
(c) The purchase of restricted metals pursuant to a written contract, from a manufacturing, industrial, or other commercial vendor that generates restricted metals in the ordinary course of business; or
(d) A motor vehicle, aircraft, or other item that is licensed by the state or federal government pursuant to a legitimate transfer of title or issuance of a junk title.
CREDIT(S)
HISTORY: 2012 c 91, § 3, eff. 7-12-12
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 433.906
Effective: July 12, 2012
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 433. Offenses Against Property by Force
Secondary Metals Recyclers
433.906 Secondary metals recycler to maintain equipment to receive notifications of stolen restricted metals, ferrous metals, and nonferrous metals; change in contact information to be reported to Office of Occupations and Professions
(1) A secondary metals recycler shall maintain at its place of business, or otherwise have immediate access to, an e-mail address, facsimile, or other equipment of similar function on which notifications of stolen restricted metals, ferrous metals, and nonferrous metals may be expeditiously received from law enforcement officials or electronic metal theft notification systems.
(2) The equipment shall be operable at all times during the secondary metal recycler's customary business hours. The secondary metals recycler shall notify the Office of Occupations and Professions of the Public Protection Cabinet within two (2) days of any change to the contact information used for the purposes of this section.
CREDIT(S)
HISTORY: 2012 c 91, § 4, eff. 7-12-12
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.010
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.010 Embezzlement by officer, agent or employee of corporation--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1202
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.020
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.020 Misapplication of money, bonds, notes and other property of state or political subdivision by custodian--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 359a-6, 1205, 1206, 2747
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.030
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.030 Embezzlement of property entrusted to person for delivery--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1203
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.040
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.040 Conversion of motor vehicle--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1376r-7
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.050
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.050 Obtaining money, property or signature by false pretenses--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1208
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.060
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.060 Obtaining money by false personation; personating another in legal acts; fraudulently displaying badge of organization--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1954 c 108; 1942 c 208, § 1; KS 1209, 1211, 1376a
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.070
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.070 Making or delivering check, draft or order not backed by sufficient funds; presumption of fraud--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1213a
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.080
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.080 Obtaining money by pretending to be an officer--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1212
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.090
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.090 Misrepresentations as to financial condition--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1213b-1
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.095
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.095 Obtaining real estate loan by substituting or making false instrument; subsequent offenses
Any person who, with intent to defraud, either substitutes one (1) instrument in writing for another and by this means causes the making of a loan or the extension of credit, or induces by any fraudulent instrument in writing the making of a loan or the extension of credit as a part of a transaction by which either the title to real property is transferred or valuable improvements are placed on real property in this state, whether for the benefit of himself or another, is guilty of a Class D felony.
CREDIT(S)
HISTORY: 1992 c 463, § 47, eff. 7-14-92; 1966 c 74, § 1
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.100
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.100 Passing or possessing notes of nonexistent or broken bank--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1191
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.110
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.110 Alteration or destruction of writings of company by officer or employee--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1186
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.120
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.120 Giving false pedigree of stock to purchaser--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1325
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.130
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.130 Forgery or counterfeiting of writings--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1185, 1188, 1189
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.140
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.140 Forging or counterfeiting warrants or receipts of officials or state bonds--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1182
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.150
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.150 Effect of conviction for forgery on forged instrument
Judgment of conviction for forgery shall not destroy the legal validity of the writing charged to have been forged, nor shall the conviction be used as evidence in any civil controversy relative to the writing.
CREDIT(S)
HISTORY: 1942 c 208, § 1, eff. 10-1-42; KS 1131
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.155
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.155 Filing illegal lien
(1) A person is guilty of filing an illegal lien when he files a document or lien that he knows or should have known was forged, groundless, contained a material misstatement, or was a false claim. It shall be an affirmative defense that any material misstatement was not intentional.
(2) Filing an illegal lien is a Class D felony for the first offense, a Class C felony for any second offense, and a Class B felony for any subsequent offense.
CREDIT(S)
HISTORY: 1998 c 606, § 54, eff. 7-15-98
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.160
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.160 Counterfeiting seal of corporation--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1187
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.170
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.170 Counterfeiting coin and passing and possessing it--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1181, 1190
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.180
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.180 Counterfeiting currency and passing and possessing it--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1190, 1193
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.190
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.190 Making or possessing devices used for counterfeiting--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1192
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.200
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.200 Fraudulent severance of timber, buildings, minerals and fixtures from land under mortgage or vendor's lien--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1358-1 to 1358-3
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.210
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.210 Fraudulent concealment or removal of mortgaged personal property--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 192, § 1, c 208, § 1; KS 1358
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.220
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.220 Disposal or conversion of property without consent of owner--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1358a, 1358b
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.225
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.225 Removal, transfer, or abandonment of rented or leased personal property; attempt to defraud lessor
(1) As used in this section the following words shall have the following meanings:
(a) “Person” means an individual, partnership, association or corporation;
(b) “Address” means the place at which the rented or leased personal property is located;
(c) “Personal property” means household furnishings and appliances.
(2) A person who rents or leases personal property under an agreement to relinquish possession of such property to the lessor at the expiration of the lease or rental period, shall not, prior to the expiration of such period, remove the personal property to any other address and relinquish custody of such property without first giving the lessor at least ten (10) days' written notice, delivered in person or by certified mail with a return receipt requested.
(3) Removing the personal property, or any part thereof, to a new or different location and relinquishing custody of such property, or permitting another person, not a party to the lease agreement, to take possession of the personal property, or any part thereof, or moving from the address and abandoning the personal property shall constitute prima facie evidence of the lessee's intention to defraud the lessor.
(4) Any lease under subsection (2) of this section shall recite verbatim subsections (1), (2), (3), and (4) of this section.
(5) Failure of lessor to comply with subsection (4) of this section shall void lessor's relief herein.
(6) Any person described in subsection (2) of this section who attempts to defraud a lessor of leased personal property shall be fined not less than fifty dollars ($50) nor more than two hundred dollars ($200), or imprisoned for thirty (30) days, or both.
CREDIT(S)
HISTORY: 1974 c 160, § 1, eff. 6-21-74
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.230
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.230 Presentation of fraudulent claims against state to court--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1225
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.240
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.240 Falsification of claim against state or political subdivision--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1207
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.250
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.250 Payment of salary for services not rendered--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 359a-7, 359a-8
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.260
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.260 False entries to defraud by officers, deputies and assistants of first-class city--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 2747
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.270
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.270 False and deceptive advertising--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1376g-1, 1376g-2
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.275
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.275 False representation of kosher meats and kosher meat preparations; advertising; sale of--Repealed
CREDIT(S)
HISTORY: 1980 c 49, § 22, eff. 7-15-80; 1956 c 130, § 1 to 3
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.280
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.280 Destruction or concealment of will--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1226
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.290
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.290 Defrauding hotel keeper--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 2179a-6 to 2179a-8
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.300
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.300 Obtaining insurance or insurance benefit by fraud--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 673, 681c-31
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.310
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.310 Spreading false rumors regarding solvency of financial institutions
Any person who willfully and maliciously makes, circulates or transmits to others any false statement, rumor or suggestion, written, printed or by word of mouth, which is directly or by inference derogatory to the financial condition or affects the solvency of any bank or trust company doing business in the state, any foreign or domestic insurance company or any savings and loan association doing business in this state, or who counsels, aids, procures, or induces another to start, transmit or circulate any such statement or rumor shall be fined not less than two hundred dollars ($200) nor more than one thousand dollars ($1,000), or imprisoned for not less than twenty (20) nor more than one hundred (100) days, or both.
CREDIT(S)
HISTORY: 1968 c 152, § 164, eff. 6-13-68; 1942 c 208, § 1; KS 598a, 869b
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.320
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.320 Insolvent broker to accept no money or securities for margin from customer ignorant of broker's insolvency
(1) Any broker who, knowing that he is insolvent, accepts or receives or consents to receiving from a customer ignorant of the broker's insolvency, deposits of money, stocks, bonds, securities, or other things of value belonging to the customer, to be used as margin for the purchase of stocks, bonds, grain, produce or cotton, otherwise than in payment of or security for an existing indebtedness, and who thereby causes the customer to lose, in whole or in part, such money, stocks, bonds, securities, or other things of value, shall be guilty of a Class D felony.
(2) “Broker,” as used in KRS 434.320, 434.330, and 434.340, means any person engaged in the business of buying or selling stocks, bonds, grain, produce, or cotton, as agent or representative of other persons upon margins, and who charges commissions for his services.
CREDIT(S)
HISTORY: 1992 c 463, § 48, eff. 7-14-92; 1942 c 208, § 1; KS 1376kk-1, 1376kk-3
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.330
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.330 Broker not to pledge or dispose of customer's securities without customer's consent
Any broker who has in his possession any money, stocks, bonds, securities, or other things of value belonging to a customer, without having any lien on them or any special property in them, and pledges them or disposes of them without the customer's consent, shall be guilty of a Class D felony.
CREDIT(S)
HISTORY: 1992 c 463, § 49, eff. 7-14-92; 1942 c 208, § 1; KS 1376kk-2
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.340
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.340 Liability of officer, manager, agent, or employee of broker
Every member of a firm of brokers and every officer, manager, agent, or employee of a broker, who knowingly does consent to the doing of any act prohibited by KRS 434.320 or 434.330 shall be guilty of a Class D felony.
CREDIT(S)
HISTORY: 1992 c 463, § 50, eff. 7-14-92; 1942 c 208, § 1; KS 1376kk-4
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.350
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.350 Depriving owner or possessor of motor vehicle through fraud--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1376r-4
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.360
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.360 Hiring motor vehicle with intent to defraud--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1376r-5
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.370
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.370 Abandonment or failure to return rented motor vehicle--Repealed
CREDIT(S)
HISTORY: 1980 c 49, § 22, eff. 7-15-80; 1942 c 208, § 1; KS 1376r-6
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.380
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.380 Person hiring motor vehicle permitting another to drive in violation of rental agreement--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1376r-8
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.390
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.390 Fraudulent renting of motor vehicle with deceptive hubdometer or charging hirer on basis of deceptive hubdometer readings--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1376r-1
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.400
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.400 Fraudulent tampering with hubdometer by hirer of motor vehicle--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1376r-3
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.410
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.410 Fraudulent changing of speedometer to effect sale of motor vehicle--Repealed
CREDIT(S)
HISTORY: 1980 c 49, § 22, eff. 7-15-80; 1942 c 208, § 1; KS 1376r-9a
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.415
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.415 Installation of any component of inflatable restraint system not designed in accordance with federal safety regulations; penalties
Any person who knowingly installs or reinstalls in a vehicle any object, in lieu of an air bag that was designed in accordance with federal safety regulations for the make, model, and year of the vehicle, as part of a vehicle inflatable restraint system, shall be fined not more than five thousand dollars ($5,000), or be confined in the county jail for not more than twelve (12) months, or both.
CREDIT(S)
HISTORY: 2003 c 189, § 4, eff. 6-24-03
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.420
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.420 Defrauding of person hiring out animals and animal-drawn vehicles; prosecution; register to be kept--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 2572d-1 to 2572d-3
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.430
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.430 Giving street car transfers to persons not entitled to them--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1376d-1, 1376d-2
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.440
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.440 Transmission of false or fraudulent communications over telegraph or telephone lines; delay of messages--Repealed
CREDIT(S)
HISTORY: 1980 c 49, § 22, eff. 7-15-80; 1942 c 208, § 1; KS 1346
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.441
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.441 Definitions for KRS 434.441 and 434.442
As used in this section and KRS 434.442, unless the context otherwise requires:
(1) “Educational institutions” means those schools providing postsecondary education including technical, community and junior colleges, and colleges and universities;
(2) “Governmental agency” means any agency of the state or local government; and
(3) “Secondary school” means a school with grades nine (9) through twelve (12).
CREDIT(S)
HISTORY: 1996 c 170, § 1, eff. 7-15-96
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.442
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.442 Fraudulent use of an educational record; penalty
(1) A person is guilty of fraudulent use of an educational record when that person, knowingly:
(a) Falsely makes, completes, alters, or procures to be falsely made or altered, or assists in falsely making or altering, a diploma, certificate, license, or transcript indicating academic achievement in an educational program issued by a secondary school, a postsecondary educational institution, or a governmental agency;
(b) Sells, gives, buys, or obtains, or procures to be sold, given, bought or obtained, or assists in selling, giving, buying, or obtaining, a diploma, certificate, license, or transcript which he knows is false, indicating educational achievement in an educational program issued by a secondary school, postsecondary educational institution, or a governmental agency;
(c) Presents or uses as genuine a falsely made or altered diploma, certificate, license, or transcript indicating educational achievement in an educational program in a secondary school, postsecondary educational institution, or a governmental agency; or
(d) Makes a false written representation of fact that he has received a degree or other certification indicating merit, educational achievement, or completion of an educational program involving study, experience, or testing from a secondary school, a postsecondary educational institution, or governmental agency in an application for:
1. Employment;
2. Admission to an educational program;
3. An award; or
4. The purpose of inducing another to issue a diploma, certificate, license, or transcript indicating educational achievement in an educational program of a secondary school, postsecondary educational institution, or a governmental agency.
(2) Fraudulent use of an educational record is a Class A misdemeanor.
CREDIT(S)
HISTORY: 1996 c 170, § 2, eff. 7-15-96
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.444
Effective: July 15, 2008
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.444 Misrepresenting current or former military status; exemptions; penalties; transfer of fines revenue; short title
(1) A person is guilty of misrepresenting current or former military status when he or she, with intent to defraud, obtain employment, or be elected or appointed to public office, intentionally makes:
(a) A claim, orally, in writing, or by any fraudulent display, that he or she is entitled to wear military awards, military decorations, or military rank;
(b) A claim that he or she served in the United States Armed Forces, a Reserve Component thereof, or the National Guard; or
(c) A claim that he or she served in the military during a wartime era, whether or not there was a declared war, or served in a combat zone, or makes any misrepresentation of actual military service.
(2) This section shall not apply to a person who or an organization which:
(a) Is reenacting military history or a military event;
(b) Is playing the part of a member of the Armed Forces of the United States, a Reserve Component thereof, or the National Guard in a play, motion picture television production, or other dramatic production, or at a patriotic or civic event;
(c) Is a member of the Armed Forces of the United States, a Reserve Component thereof, or the National Guard and, as part of a military assignment, is representing a member of the Armed Forces in a previous war or time period for ceremonial, recruiting, or training purposes;
(d) Is an employee of or volunteer for a museum and, as a part of their duties, is representing a member of the Armed Forces of the United States, a Reserve Component thereof, or the National Guard for ceremonial, historical, or training purposes;
(e) Owns, displays, purchases, sells, or trades militaria, including but not limited to medals, ribbons, and rank insignia, and does not claim to have personally earned them unless he or she is legally entitled to do so;
(f) Is a natural person using his or her given name that includes a military rank, so long as he or she does not use the name to defraud another in a manner prohibited by this section;
(g) Uses a name or honorary military or military-like rank which has been bestowed upon him or her by a public officer, public employee, or public agency, in the name of a public officer or public agency;
(h) Uses a corporate, partnership, sole proprietorship, or other name for a business or product which includes a military rank, so long as the name is not used to defraud another in a manner prohibited by this section; or
(i) Holds a registered trademark which includes a military rank or honorary rank, so long as the trademark is not used to defraud another in a manner prohibited by this section.
(3) Misrepresenting current or former military status is:
(a) A violation of KRS 514.040 if the defendant, by the misrepresentation, obtains money or property; and
(b) If the defendant, by the misrepresentation, obtains a public benefit, a violation of the applicable statute that prohibits obtaining that public benefit and provides a specific penalty.
(4) If a violation of subsection (3) of this section is not involved, the defendant shall be fined an amount not to exceed five thousand dollars ($5,000) or be imprisoned in the county jail for not more than twelve (12) months, or both.
(5) KRS 431.100 to the contrary notwithstanding, any fine assessed as a penalty for conviction under this section shall be transferred by the circuit clerk and deposited with the veterans program trust fund established by KRS 40.460(2)(b).
(6) This section shall be cited as the Kentucky Stolen Valor Act.
CREDIT(S)
HISTORY: 2008 c 15, § 1, eff. 7-15-08
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.445
Effective: June 26, 2007
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.445 Unauthorized reproduction and distribution of recorded article or device for sale or rent; exemption; confiscation and destruction; penalties
(1) Any person who knowingly transfers or causes to be transferred any sounds recorded on a phonograph record, disc, wire, tape, film, or other article on which sounds are recorded, with the intent to sell or cause to be sold for profit or used to promote the sale of any product, such article on which sounds are so transferred without the consent of the owner, shall be guilty of a Class D felony. Each individual manufacture of such recorded article shall constitute a separate offense. “Owner,” for purposes of this section, means the person who owns the original fixation of sounds embodied in the master phonograph record, master disc, master tape, master film, or other device used for reproducing sounds on phonograph records, discs, tapes, films, or other articles upon which sound is recorded and from which the transferred recorded sounds are directly derived.
(2) Any person who knowingly transfers or causes to be transferred to any phonograph record, disc, wire, tape, film, or other article, any performance, whether live before an audience or transmitted by wire or through the air by radio or television, with the intent to sell or cause to be sold for profit or used to promote the sale of any product, such article onto which such performance is or distributes, causes the distribution of, or possesses for one (1) or more of these purposes, to be transferred without the consent of the performer, shall be fined not less than five hundred dollars ($500) nor more than three thousand dollars ($3,000) or confined in the penitentiary for not less than one (1) year nor more than five (5) years, or both. Each individual transfer or manufacture of such recorded article shall constitute a separate offense. For purposes of this section, a person who is authorized to maintain custody and control over business records that reflect whether or not the owner of the live performance consented to having the live performance recorded or fixed is a proper witness in a proceeding regarding the issue of consent.
(3) Any person who knowingly, or with reasonable grounds to know, advertises or offers for sale or resale, or sells or resells, or as a renter, rents or causes the rental of, or distributes or possesses for such purposes any sound recording manufactured without the consent of the owner, as defined in subsection (1) of this section, or any sound recording manufactured without the consent of the performer shall, be guilty of a Class D felony. Possession of five (5) or more duplicate copies or twenty (20) or more individual copies of such recorded articles, produced without the consent of the owner, shall create a rebuttable presumption that such devices are intended for sale or distribution in violation of this section. Each sale or resale of any such article shall constitute a separate offense.
(4) Any person who knowingly sells or distributes, offers to sell or distribute, possesses for the purpose of sale or distribution any phonograph record, disc, wire, tape, film, or other article now known or later developed on which sounds, images, or both sounds and images have been transferred unless such phonograph record, disc, wire, tape, film, or other article bears the true name and address of the transferor of the sounds and the name of the actual performer or group in a prominent place on its packaging shall be guilty of a Class D felony. Each sale or distribution of any such article shall constitute a separate offense.
(5) This section does not apply to any person who transfers or causes to be transferred any such sounds or images intended for or in connection with radio or television broadcast or cable transmission or related uses, or for archival purposes, or solely for the personal use of the person transferring or causing the transfer and without any compensation being derived by the person from the transfer.
(6) It shall be the duty of all peace officers within the Commonwealth of Kentucky and the Department of Kentucky State Police upon discovery to confiscate the recorded devices produced in violation of this section. Any recorded device produced in violation of this section, which has come into the custody of a peace officer, shall be forfeited and destroyed by the court having jurisdiction. A record of the place where said recorded devices were seized, the kinds and quantities of recorded devices so destroyed, and of the time, place, and manner of the destruction, shall be kept.
CREDIT(S)
HISTORY: 2007 c 85, § 317, eff. 6-26-07; 1992 c 108, § 1, eff. 7-14-92; 1978 c 321, § 2; 1974 c 120, § 1
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.450
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.450 Evasion of inspection by master of vessel carrying tobacco or flour--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1204
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.460
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.460 Sale of impure lead and linseed oil as pure lead and linseed oil--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1373
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.470
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.470 Fraudulent manufacture, sale, gift or use of tokens and slugs--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1376s-2, 1376s-3
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.480
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.480 Prevention of exercise of calling or free import and export, and requiring additional licenses, under pretense of authority--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1213
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.490
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.490 Defrauding vendor of newspapers--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1946 c 22; 1944 c 171
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.500
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.500 Defrauding taxicab operator--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1948 c 29
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.510
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
434.510 Obtaining communications service by fraud--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1970 c 83, § 21; 1966 c 150; 1960 c 159, § 1 to 4
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.550
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
Credit or Debit Card Crimes
434.550 Citation of KRS 434.550 to 434.730
KRS 434.550 to 434.730 may be cited as the Credit and Debit Card Crime Act.
CREDIT(S)
HISTORY: 1978 c 67, § 1, eff. 6-17-78; 1970 c 83, § 1
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.560
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
Credit or Debit Card Crimes
434.560 Definitions for KRS 434.550 to 434.730
As used in KRS 434.550 to 434.730, unless the context otherwise requires:
(1) “Automated banking device” means any machine which when properly activated by a credit card, debit card or personal identification code will perform any of the following services:
(a) Dispense money as a debit to the cardholder's savings or checking account; or
(b) Print the cardholder's savings or checking account balances on a statement; or
(c) Transfer funds between a cardholder's savings and checking account; or
(d) Accept payments on a cardholder's loan; or
(e) Dispense cash advances on an open end credit or a revolving charge agreement; or
(f) Accept deposits to a customer's savings or checking account; or
(g) Receive inquiries of verification of checks and dispense information which verifies that funds are available to cover said checks; or
(h) Cause money to be transferred electronically from a cardholder's account to an account held by any business, firm, retail merchant, corporation, or any other organization;
(2) “Cardholder” means the person or organization named on the face of a credit or debit card to whom or for whose benefit the credit or debit card is issued by an issuer;
(3) “Credit card” means any instrument or device, whether known as a credit card, credit plate, credit number or by any other name, issued by an issuer for the use of the cardholder in obtaining money, goods, services or anything else of value on credit;
(4) “Debit card” means any instrument or device, known by any name, issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services and anything else of value, payment of which is made against funds previously deposited by cardholder;
(5) “E.F.T. system” means an electronic funds transfer system whereby funds are transferred electronically from a cardholder's account to any other account;
(6) “Expired credit card” means a credit card which is no longer valid because the term shown on it has expired;
(7) “Expired debit card” means a debit card which is no longer valid because the term shown on it has expired;
(8) “Issuer” means the business organization or financial institution which issues a credit or debit card or its duly authorized agent;
(9) “Merchant” means an owner or operator of any retail mercantile establishment or any agent, employee, lessee, consignee, officer, director, franchisee, or independent contractor of such owner or operator. “Merchant” also means a person who receives from an authorized user of a payment card, or someone the person believes to be an authorized user, a payment card or information from a payment card, or what the person believes to be a payment card or information from a payment card, as the instrument for obtaining, purchasing, or receiving goods, services, money, or anything else of value from the person;
(10) “Participating party” means a business organization or financial institution, or any duly authorized agent of such business organization or financial institution, which is obligated by contract to acquire from a person, business organization or financial institution providing money, goods, services or anything else of value, a sales slip, sales draft or other instrument evidencing a credit or debit card transaction and from whom the issuer is obligated by contract to acquire or participate in such sales slip, sales draft or other instrument;
(11) “Payment card” means a credit card, charge card, debit card, or any other card that is issued to an authorized card user and that allows the user to obtain, purchase, or receive goods, services, money, or anything else of value from a merchant;
(12) “Presentation or presents” as used herein shall be construed to define those actions taken by a cardholder or any person to introduce a credit or debit card into an automated banking device or merely displaying or showing a credit or debit card to the issuer, a person or organization providing money, goods, services, or anything else of value, or any other entity with intent to defraud;
(13) “Receives” or “receiving” means acquiring possession or control of a credit or debit card;
(14) “Reencoder” means an electronic device that places encoded information from the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different payment card;
(15) “Revoked credit card” means a credit card which is no longer valid because permission to use it has been suspended or terminated by the issuer;
(16) “Revoked debit card” means a debit card which is no longer valid because permission to use it has been suspended or terminated by the issuer; and
(17) “Scanning device” means a scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card.
CREDIT(S)
HISTORY: 2004 c 27, § 2, eff. 7-13-04; 1978 c 67, § 2, eff. 6-17-78; 1970 c 83, § 2
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.570
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
Credit or Debit Card Crimes
434.570 False statement as to identity or financial condition
In addition and supplemental to the acts proscribed under KRS 517.090, a person who makes or causes to be made, either directly or indirectly, any false statement in writing, knowing it to be false and with intent that it be relied on, respecting his identity or that of any other person, firm, or corporation, or as to a material fact about his financial condition or that of any other person, firm, or corporation, for the purpose of procuring the issuance of a credit or debit card, is guilty of a Class D felony.
CREDIT(S)
HISTORY: 1992 c 463, § 51, eff. 7-14-92; 1978 c 67, § 3; 1974 c 406, § 325; 1970 c 83, § 3
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.580
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
Credit or Debit Card Crimes
434.580 Theft; receipt of stolen credit or debit card; presumption
(1) A person who takes a credit or debit card from the person, possession, custody or control of another without the consent of the cardholder or of the issuer or who, with knowledge that it has been so taken, receives the credit or debit card with intent to use it or to sell it or to transfer it to a person other than the issuer or the cardholder is guilty of a misdemeanor and is subject to the penalties set forth in subsection (1) of KRS 434.730. Taking a credit or debit card without consent includes obtaining it by conduct defined or known as statutory larceny, common-law larceny by trespassory taking, common law larceny by trick, embezzlement, or obtaining property by false pretenses, false promise or extortion.
(2) A person who has in his possession or under his control two (2) or more credit or debit cards which have been taken or obtained in violation of subsection (1) of this section is presumed to know that the credit or debit cards have been so taken or obtained.
CREDIT(S)
HISTORY: 1978 c 67, § 4, eff. 6-17-78; 1970 c 83, § 4
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.590
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
Credit or Debit Card Crimes
434.590 Receipt of credit or debit card lost, mislaid, or delivered by mistake, with intent to use or transfer
A person who receives a credit or debit card that he knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder, and who retains possession with intent to use it or to sell it or to transfer it to a person other than the issuer or the cardholder is guilty of a misdemeanor and is subject to the penalties set forth in subsection (1) of KRS 434.730.
CREDIT(S)
HISTORY: 1978 c 67, § 5, eff. 6-17-78; 1970 c 83, § 5
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.600
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
Credit or Debit Card Crimes
434.600 Sale by or purchase from person other than issuer
A person other than the issuer who sells a credit or debit card or a person who buys a credit or debit card from a person other than the issuer is guilty of a Class D felony.
CREDIT(S)
HISTORY: 1992 c 463, § 52, eff. 7-14-92; 1978 c 67, § 6; 1970 c 83, § 6
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.610
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
Credit or Debit Card Crimes
434.610 Control over card as security for debt
A person who, with intent to defraud the issuer, a participating party, a person or organization providing money, goods, services or anything else of value, or any other person, obtains control over a credit or debit card as security for debt is guilty of a misdemeanor and is subject to the penalties set forth in subsection (1) of KRS 434.730.
CREDIT(S)
HISTORY: 1978 c 67, § 7, eff. 6-17-78; 1970 c 83, § 7
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.620
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
Credit or Debit Card Crimes
434.620 Receipt of card in violation of KRS 434.570 to 434.610
A person, other than the issuer, who receives a credit or debit card which he knows was obtained, taken, or retained under circumstances which constitute a violation of KRS 434.570 to 434.610 is guilty of a Class D felony.
CREDIT(S)
HISTORY: 1992 c 463, § 53, eff. 7-14-92; 1978 c 67, § 8; 1970 c 83, § 8
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.630
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
Credit or Debit Card Crimes
434.630 False making or embossing of credit or debit card; possession of two or more falsely made or embossed cards; definitions
(1) A person who, with intent to defraud a purported issuer, a participating party, a person or organization providing money, goods, services, or anything else of value, or any other person, falsely makes or falsely embosses a purported credit or debit card, or utters such a credit or debit card or possesses such a credit or debit card with knowledge that such credit or debit card has been falsely made or falsely embossed is guilty of a Class D felony.
(2) A person other than the purported issuer who possesses two (2) or more credit or debit cards which are falsely made or falsely embossed is presumed to possess the same with knowledge that they have been falsely embossed or falsely made and with the intent to defraud.
(3) A person “falsely makes” a credit or debit card when he makes or draws, in whole or in part, a device or instrument which purports to be the credit or debit card of a named issuer but which is not such a credit or debit card because the issuer did not authorize the making or drawing, or alters a credit or debit card which was validly issued. A person “falsely embosses” a credit or debit card when, without the authorization of the named issuer, he completes a credit or debit card by adding any of the matter, other than the signature of the cardholder, which an issuer requires to appear on the credit or debit card before it can be used by a cardholder.
CREDIT(S)
HISTORY: 1992 c 463, § 54, eff. 7-14-92; 1978 c 67, § 9; 1970 c 83, § 9
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.640
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
Credit or Debit Card Crimes
434.640 Unauthorized signature
A person other than the cardholder or a person authorized by him who, with intent to defraud the issuer, or a participating party, or a person or organization providing money, goods, services or anything else of value, or any other person, signs a credit or debit card is guilty of a misdemeanor and is subject to the penalties set forth in subsection (1) of KRS 434.730.
CREDIT(S)
HISTORY: 1978 c 67, § 10, eff. 6-17-78; 1970 c 83, § 10
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.650
Effective: June 25, 2009
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
Credit or Debit Card Crimes
434.650 Fraudulent use; presumption as to knowledge of revocation
(1) A person who, with intent to defraud the issuer, a participating party, a person, or organization providing money, goods, services, or anything else of value, or any other person:
(a) Uses for the purpose of obtaining money, goods, services, or anything else of value a credit or debit card obtained or retained in violation of KRS 434.570 to 434.650, or any of such sections, or a credit or debit card which he knows is forged, expired, or revoked; or
(b) Obtains money, goods, services, or anything else of value by representing without consent of the cardholder that he is the holder of a specified card or by representing that he is the holder of a card and such card has not in fact been issued; or
(c) Uses a credit or debit card obtained or retained in violation of KRS 434.570 to 434.650, or any of such sections, or a credit or debit card which he knows is forged, expired, or revoked, as authority or identification to cash or attempts to cash or otherwise negotiate or transfer a check or other order for payment of money, whether or not negotiable, if said negotiation or transfer or attempt to negotiate or transfer would constitute a crime under KRS 514.040 or 516.030; or
(d) Deposits into his account or any account, via an automated banking device, a false, fictitious, forged, altered, or counterfeit check, draft, money order, or any other such document not his lawful or legal property,
is guilty of a Class A misdemeanor, if the value of all money, goods, services, or other things of value obtained in violation of this section over a six (6) month period is less than five hundred dollars ($500), a Class D felony if such value is five hundred dollars ($500) or more but is less than ten thousand dollars ($10,000), or a Class C felony if such value is ten thousand dollars ($10,000) or more.
(2) A person who receives money, goods, services, or anything else of value as a result of a false, fictitious, forged, altered, or counterfeit check, draft, money order, or any other such document having been deposited into an account via an automated banking device, knowing at the time of receipt of the money, goods, services, or item of value that the document so deposited was false, fictitious, forged, altered, or counterfeit or that the above described deposited item was not his lawful or legal property, violates this subsection and is subject to the penalties set forth in subsection (1) of this section.
(3) Knowledge of revocation shall be presumed to have been received by a cardholder four (4) days after it has been mailed to him at the address set forth on the credit or debit card or at his last known address by registered or certified mail, return receipt requested, and, if the address is more than five hundred (500) miles from the place of mailing, by air mail. If the address is located outside the United States, Puerto Rico, the Virgin Islands, the Canal Zone, and Canada, notice shall be presumed to have been received ten (10) days after mailing by registered or certified mail.
CREDIT(S)
HISTORY: 2009 c 106, § 1, eff. 6-25-09; 1992 c 463, § 55, eff. 7-14-92; 1978 c 67, § 11; 1974 c 406, § 326; 1970 c 83, § 11
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.655
Effective: June 25, 2009
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
Credit or Debit Card Crimes
434.655 Fraudulent use of credit or debit card after reporting it lost, as stolen, or not received
(1) A cardholder who fraudulently uses a credit or debit card to obtain money, goods, services, or anything else of value after said cardholder has reported to the issuer said credit or debit card lost, as stolen, or not received is deemed to have used said credit or debit card in order to defraud the issuer; and said cardholder shall be guilty of a Class A misdemeanor if the value of all money, goods, services, or other things of value furnished in violation of this section over a six (6) month period is less than five hundred dollars ($500), a Class D felony if such value is five hundred dollars ($500) or more but is less than ten thousand dollars ($10,000), or a Class C felony if such value is ten thousand dollars ($10,000) or more.
(2) A cardholder who, after using a credit or debit card, fraudulently reports to the issuer that such usage or transaction was not made by said cardholder, or that said credit or debit card was lost, stolen, or not received at the time of such usage or transaction, in order to defraud the issuer, the cardholder, or any other person in connection with said usage, shall be guilty of a Class A misdemeanor if the value of all money, goods, services, or other things of value furnished in violation of this section over a six (6) month period is less than five hundred dollars ($500), a Class D felony if such value is five hundred dollars ($500) or more but is less than ten thousand dollars ($10,000), or a Class C felony if such value is ten thousand dollars ($10,000) or more.
CREDIT(S)
HISTORY: 2009 c 106, § 2, eff. 6-25-09; 1986 c 377, § 1, eff. 7-15-86; 1978 c 67, § 17
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.660
Effective: June 25, 2009
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
Credit or Debit Card Crimes
434.660 Fraud by authorized persons, business organization, or financial institution
A person, business organization, or financial institution who is authorized by an issuer to furnish money, goods, services, or anything else of value upon presentation of a credit or debit card by a cardholder, or any agent or employee of such person, business organization, or financial institution, who, with intent to defraud the issuer, a participating party, the cardholder, or any other person, furnishes money, goods, or services or anything else of value upon presentation of a credit or debit card obtained or retained in violation of KRS 434.570 to 434.650, or any of such sections, or a credit or debit card which he knows is forged, expired, or revoked is guilty of a Class A misdemeanor, if the value of all money, goods, services, or other things of value furnished in violation of this section over a six (6) month period is less than five hundred dollars ($500), a Class D felony if such value is five hundred dollars ($500) or more but is less than ten thousand dollars ($10,000), or a Class C felony if such value is ten thousand dollars ($10,000) or more.
CREDIT(S)
HISTORY: 2009 c 106, § 3, eff. 6-25-09; 1992 c 463, § 56, eff. 7-14-92; 1978 c 67, § 15; 1970 c 83, § 12
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.670
Effective: June 25, 2009
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
Credit or Debit Card Crimes
434.670 Failure to furnish goods, services, etc., represented in writing as furnished
A person, business organization, or financial institution who is authorized by an issuer to furnish money, goods, services, or anything else of value upon presentation of a credit or debit card by a cardholder, or any agent or employee of such person, business organization, or financial institution, who, with intent to defraud the issuer, a participating party, the cardholder, or any other person, fails to furnish money, goods, services, or anything else of value which he represents in writing to the issuer that he has furnished over a six (6) month period is guilty of a Class A misdemeanor if the difference between the value of all money, goods, services, or anything else of value actually furnished and the value represented to the issuer to have been furnished is less than five hundred dollars ($500), a Class D felony if such value is five hundred dollars ($500) or more but is less than ten thousand dollars ($10,000), or a Class C felony if such value is ten thousand dollars ($10,000) or more.
CREDIT(S)
HISTORY: 2009 c 106, § 4, eff. 6-25-09; 1992 c 463, § 57, eff. 7-14-92; 1978 c 67, § 16; 1970 c 83, § 13
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.675
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
Credit or Debit Card Crimes
434.675 Use of scanning device or reencoder to obtain payment card information prohibited
(1) No person shall use a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card with the intent to defraud the authorized user, the issuer of the authorized user's payment card, or a merchant.
(2) No person shall use a reencoder to place information encoded on the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different card with the intent to defraud the authorized user, the issuer of the authorized user's payment card, or a merchant.
CREDIT(S)
HISTORY: 2004 c 27, § 1, eff. 7-13-04
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.680
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
Credit or Debit Card Crimes
434.680 Unauthorized production or reproduction of credit or debit card; definition; presumption as to possession of incomplete card
(1) A person other than the cardholder possessing an incomplete credit or debit card, or possessing a purported distinctive element of a credit or debit card, with intent to complete such incomplete credit or debit card or to utilize such purported distinctive element in the production or reproduction of any credit or debit card without the consent of the issuer, or a person possessing, with knowledge of its character, a distinctive element of any credit or debit card or any machinery, plates, or any contrivance designed to produce or reproduce instruments purporting to be the credit or debit cards, or a distinctive element of the credit or debit cards, of an issuer or of any issuer in a group of issuers utilizing a common distinctive element or elements in credit or debit cards issued by all members of such group, who has not consented to the production or reproduction of such card, is guilty of a Class D felony. A credit or debit card is “incomplete” if part of the matter other than the signature of the cardholder, which an issuer or any issuer in a group of issuers utilizing a common distinctive element or elements in credit or debit cards issued by all members of such group, requires to appear on the credit or debit card before it can be used by the cardholder has not yet been stamped, embossed, imprinted, or written on it. A “distinctive element” of a credit or debit card is any material or component used in the fabrication of credit or debit cards which, by virtue of such element's chemical or physical composition, color, or design, is unique to the credit or debit cards issued by a particular issuer or group of issuers utilizing a common distinctive element or elements in credit or debit cards issued by all members of such group.
(2) A person other than the cardholder or issuer who possesses two (2) or more incomplete credit or debit cards is presumed to possess the same without the consent of the issuer and with the intent to complete them.
CREDIT(S)
HISTORY: 1992 c 463, § 58, eff. 7-14-92; 1978 c 67, § 12; 1970 c 83, § 14
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.685
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
Credit or Debit Card Crimes
434.685 Misuse of electronic information prohibited
(1) Any person who, with intent to defraud the issuer, the cardholder, or any other person or organization, (a) intercepts, taps or alters electronic information between an automated banking device and the issuer, or (b) originates electronic information to an automated banking device or to the issuer, via any line, wire, or any other means of electronic transmission, at any junction or terminal, or at any location within an E.F.T. system, for the purpose of obtaining money, goods, services or anything else of value, violates this subsection and is subject to the penalties set forth in subsection (2) of KRS 434.730.
(2) Any person who, with intent to defraud the issuer, cardholder, or any other person or organization, intercepts, taps or alters electronic information between an automated banking device and the issuer, or originates electronic information to an automated banking device or to the issuer, via any line, wire, or other means of electronic transmission, at any junction or terminal, or at any location within the E.F.T. system, and therefore causes funds to be transferred from one account to any other account, violates this subsection and is subject to the penalties set forth in subsection (2) of KRS 434.730.
CREDIT(S)
HISTORY: 1978 c 67, § 13, eff. 6-17-78
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.690
Effective: June 25, 2009
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
Credit or Debit Card Crimes
434.690 Receiving goods, services, etc., obtained by fraud; presumption as to possession of transportation tickets fraudulently obtained
(1) A person who receives money, goods, services, or anything else of value obtained in violation of KRS 434.650, knowing or believing that it was so obtained is guilty of a Class A misdemeanor, if the value of all money, goods, services, and other things of value received in violation of this section over a six (6) month period is less than five hundred dollars ($500), a Class D felony if such value is five hundred dollars ($500) or more but is less than ten thousand dollars ($10,000), or a Class C felony if such value is ten thousand dollars ($10,000) or more.
(2) A person who possesses three (3) or more tickets for airline, railroad, steamship, or other transportation service, which tickets were obtained by the use of a stolen or forged credit or debit card is presumed to know that such tickets were so obtained.
CREDIT(S)
HISTORY: 2009 c 106, § 5, eff. 6-25-09; 1992 c 463, § 59, eff. 7-14-92; 1978 c 67, § 14; 1970 c 83, § 15
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.695
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
Credit or Debit Card Crimes
434.695 Use of false, fictitious, unauthorized, or counterfeit card prima facie evidence of knowledge
The presentation or use of a false, fictitious, unauthorized or counterfeit, credit or debit card, or other credit or debit device for the purpose of obtaining money, goods, services or anything else of value shall be prima facie evidence of knowledge that the said credit or debit device is false, fictitious, counterfeit, or its use is unauthorized.
CREDIT(S)
HISTORY: 1978 c 67, § 18, eff. 6-17-78
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.697
Effective: June 25, 2009
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
Credit or Debit Card Crimes
434.697 Phishing
(1) For purposes of this section:
(a) “Electronic mail message” means a message sent to a unique destination that consists of a unique user name or mailbox and a reference to an Internet domain, whether or not displayed, to which the message can be sent or delivered; and
(b) “Identifying information” means specific details that can be used to access a person's financial accounts or to obtain goods or services, including but not limited to the person's Social Security number, driver's license number, bank account number, credit or debit card number, personal identification number, automated or electronic signature, unique biometric data, or account password.
(2) A person is guilty of phishing if he or she knowingly or intentionally solicits, requests, or takes any action to induce another person to provide identifying information by means of a Web page, electronic mail message, or otherwise using the Internet, by representing himself or herself either directly or by implication, to be a third person without the authority or approval of such other person.
(3) In any prosecution for a violation of this section, the Commonwealth is not required to establish, and it is no defense that:
(a) A person other than the defendant who violated this section has not been convicted, apprehended, or identified; or
(b) Some of the acts constituting a violation of this section did not occur in Kentucky or were not a criminal offense or elements of a criminal offense where they did occur.
(4) Phishing is a Class D felony.
CREDIT(S)
HISTORY: 2009 c 100, § 12, eff. 6-25-09
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.700
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
Credit or Debit Card Crimes
434.700 Prosecutions
In any prosecution for violation of KRS 434.550 to 434.730, the Commonwealth is not required to establish and it is no defense that:
(1) A person other than the defendant who violated KRS 434.550 to 434.730 has not been convicted, apprehended, or identified; or
(2) Some of the acts constituting the crime did not occur in Kentucky or were not a crime or elements of a crime where they did occur.
CREDIT(S)
HISTORY: 1970 c 83, § 16, eff. 6-18-70
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.710
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
Credit or Debit Card Crimes
434.710 Sufficiency of evidence as to presumptions
When KRS 434.550 to 434.730 establishes a presumption with respect to any fact which is an element of a crime, it has the following consequences:
(1) When there is sufficient evidence of the facts which give rise to the presumption to go to the jury, the issue of the existence of the presumed facts must be submitted to the jury, unless the court is satisfied that the evidence as a whole clearly negatives the presumed facts; and
(2) When the issue of the existence of the presumed fact is submitted to the jury, the court shall charge that while the presumed fact, must, on all the evidence, be proven beyond a reasonable doubt, the law declares that the jury may regard the facts giving rise to the presumption as sufficient evidence of the presumed fact.
CREDIT(S)
HISTORY: 1970 c 83, § 17, eff. 6-18-70
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.715
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
Credit or Debit Card Crimes
434.715 Criminal or civil liability prohibited for false arrest or false imprisonment where prima facie evidence of fraud exists and proper notice is given
In the event of the existence of prima facie evidence of fraudulent intent as defined in KRS 434.695 and proper notice given as required, any person, firm or corporation causing the arrest of a person so using a credit or debit card shall not be criminally or civilly liable for false arrest or false imprisonment.
CREDIT(S)
HISTORY: 1978 c 67, § 19, eff. 6-17-78
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.720
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
Credit or Debit Card Crimes
434.720 Construction of KRS 434.550 to 434.730
KRS 434.550 to 434.730 shall not be construed to preclude the applicability of any other provision of the criminal law of this Commonwealth which presently applies or may in the future apply to any transaction which violates KRS 434.550 to 434.730, unless such provision is inconsistent with the terms of KRS 434.550 to 434.730.
CREDIT(S)
HISTORY: 1970 c 83, § 19, eff. 6-18-70
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.730
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
Credit or Debit Card Crimes
434.730 Penalties
(1) A person who has violated KRS 434.590 shall be guilty of a Class A misdemeanor.
(2) A person who has violated KRS 434.600 shall be guilty of a Class D felony.
(3) A person who has violated the provisions of KRS 434.675(1) shall be guilty of a Class D felony for the first offense and a Class C felony for each subsequent offense.
(4) A person who has violated the provisions of KRS 434.675(2) shall be guilty of a Class D felony for the first offense and a Class C felony for each subsequent offense.
CREDIT(S)
HISTORY: 2004 c 27, § 3, eff. 7-13-04; 1992 c 463, § 60, eff. 7-14-92; 1986 c 331, § 53; 1970 c 83, § 18
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.840
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
Unlawful Access to a Computer
434.840 Definitions
For the purposes of KRS 434.840 to 434.860, the following words, including any form of the word, and terms shall have the following meanings:
(1) “Access” means to approach, instruct, communicate with, manipulate, store data in, retrieve or intercept data from, or otherwise make use of any resources of, a computer, computer system, or computer network;
(2) “Computer” means any device, equipment, or facility that uses a computer program or other instructions, stored either temporarily or permanently, to perform specific operations including but not limited to logical, arithmetic, or memory functions with or on data or a computer program that can store, retrieve, alter, or communicate the results of the operations to a person, computer program, computer, computer system, or computer network;
(3) “Computer network” means an interconnection of two (2) or more devices used for the purpose of transmitting any combination of voice, video, or data including but not limited to bridges, routers, switches, antennas, or towers connected by hardwire or wireless communications lines;
(4) “Computer program” means a set of instructions or statements and related data that, when executed in actual or modified form, cause a computer, computer system, or computer network to perform specified functions;
(5) “Computer software” means computer programs, procedures, or associated documentation concerned with the operation of a computer, computer system, or computer network for system control or processing of data;
(6) “Computer system” means a set of related computer equipment, devices, data, software, or hardware that is designed to perform a specific function;
(7) “Data” means a representation of information, knowledge, facts, concepts, or instructions which are being prepared or have been prepared in a formalized manner, and is intended to be stored or processed, or is being stored or processed, or has been stored or processed, in a computer, computer system, or computer network;
(8) “Device” includes but is not limited to an electronic, magnetic, electrochemical, biochemical, hydraulic, optical, or organic object that performs input, output, or storage functions by the manipulation of electronic, magnetic, or other impulses;
(9) “Effective consent” means consent by a person legally authorized to act for the owner. Consent is not effective if it is:
(a) Induced by deception or coercion;
(b) Given by a person who the actor knows is not legally authorized to act for the owner;
(c) Given by a person who by reason of age, mental disease or defect, or intoxication is known by the actor to be unable to make responsible property or data dispositions; or
(d) Used for a purpose other than that for which the consent is given;
(10) “Financial instruments” includes but is not limited to any check, draft, warrant, money order, certificate of deposit, negotiable instrument, letter of credit, bill of exchange, credit or debit card, transaction authorization mechanism, marketable security, or any electronic representation thereof;
(11) “Intellectual property” includes data, text, images, sound, codes, computer programs, software, or databases which may be in any form, including but not limited to computer printouts, magnetic storage media, punched cards, or which may be stored internally in the memory of a computer;
(12) “Loss or damage” means the result of accessing, attempting to access, or causing to be accessed, without effective consent, any computer software, computer program, data, computer, computer system, computer network, or any part thereof, including but not limited to theft, alteration, or destruction of data, security breaches, or disruption of services;
(13) “Owner” means a person who has title, license, or other lawful possession of the property, a person who has the right to restrict access to the property, or a person who has a greater right to possession of the property than the actor;
(14) “Property” includes but is not limited to intellectual property, financial instruments, data, computer programs, documentation associated with data, computers, computer systems and computer programs, all in machine-readable or human-readable form, and any tangible or intangible item of value; and
(15) “Services” includes but is not limited to the use of a computer, a computer system, a computer network, computer software, computer program, or data to perform tasks.
CREDIT(S)
HISTORY: 2002 c 350, § 1, eff. 7-15-02; 1984 c 210, § 1, eff. 7-13-84
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.845
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
Unlawful Access to a Computer
434.845 Unlawful access to a computer in the first degree
(1) A person is guilty of unlawful access to a computer in the first degree when he or she, without the effective consent of the owner, knowingly and willfully, directly or indirectly accesses, causes to be accessed, or attempts to access any computer software, computer program, data, computer, computer system, computer network, or any part thereof, for the purpose of:
(a) Devising or executing any scheme or artifice to defraud; or
(b) Obtaining money, property, or services for themselves or another by means of false or fraudulent pretenses, representations, or promises.
(2) Unlawful access to a computer in the first degree is a Class C felony.
CREDIT(S)
HISTORY: 2002 c 350, § 2, eff. 7-15-02; 1984 c 210, § 2, eff. 7-13-84
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.850
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
Unlawful Access to a Computer
434.850 Unlawful access to a computer in the second degree
(1) A person is guilty of unlawful access to a computer in the second degree when he or she, without the effective consent of the owner, knowingly and willfully, directly or indirectly accesses, causes to be accessed, or attempts to access any computer software, computer program, data, computer, computer system, computer network, or any part thereof, which results in the loss or damage of three hundred dollars ($300) or more.
(2) Unlawful access to a computer in the second degree is a Class D felony.
CREDIT(S)
HISTORY: 2002 c 350, § 3, eff. 7-15-02; 1984 c 210, § 3, eff. 7-13-84
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.851
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
Unlawful Access to a Computer
434.851 Unlawful access in the third degree
(1) A person is guilty of unlawful access in the third degree when he or she, without the effective consent of the owner, knowingly and willfully, directly or indirectly accesses, causes to be accessed, or attempts to access any computer software, computer program, data, computer, computer system, computer network, or any part thereof, which results in the loss or damage of less than three hundred dollars ($300).
(2) Unlawful access to a computer in the third degree is a Class A misdemeanor.
CREDIT(S)
HISTORY: 2002 c 350, § 4, eff. 7-15-02
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.853
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
Unlawful Access to a Computer
434.853 Unlawful access in the fourth degree
(1) A person is guilty of unlawful access in the fourth degree when he or she, without the effective consent of the owner, knowingly and willfully, directly or indirectly accesses, causes to be accessed, or attempts to access any computer software, computer program, data, computer, computer system, computer network, or any part thereof, which does not result in loss or damage.
(2) Unlawful access to a computer in the fourth degree is a Class B misdemeanor.
CREDIT(S)
HISTORY: 2002 c 350, § 5, eff. 7-15-02
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.855
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
Unlawful Access to a Computer
434.855 Misuse of computer information
(1) A person is guilty of misuse of computer information when he or she:
(a) Receives, conceals, or uses, or aids another in doing so, any proceeds of a violation of KRS 434.845; or
(b) Receives, conceals, or uses or aids another in doing so, any books, records, documents, property, financial instrument, computer software, computer program, or other material, property, or objects, knowing the same to have been used in or obtained from a violation of KRS 434.845.
(2) Misuse of computer information is a Class C felony.
CREDIT(S)
HISTORY: 2002 c 350, § 6, eff. 7-15-02; 1984 c 210, § 4, eff. 7-13-84
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.860
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
Unlawful Access to a Computer
434.860 Venue
For the purpose of venue under the provisions of KRS 434.845, 434.850, 434.851, 434.853, or 434.855, any violation of KRS 434.845, 434.850, 434.851, 434.853, or 434.855 shall be considered to have been committed: in any county in which any act was performed in furtherance of any transaction violating KRS 434.845, 434.850, 434.851, 434.853, or 434.855; in any county in which any violator had control or possession of any proceeds of said violation or of any books, records, documents, property, financial instrument, computer software, computer program or other material, objects, or items which were used in furtherance of said violation; and in any county from which, to which or through which any access to a computer, computer system, or computer network was made whether by wires, electromagnetic waves, microwaves, or any other means of communication.
CREDIT(S)
HISTORY: 2002 c 350, § 7, eff. 7-15-02; 1984 c 210, § 5, eff. 7-13-84
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.870
Effective: July 12, 2006
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
Financial Information
434.870 Definitions for KRS 434.870 to 434.876
As used in KRS 434.870 to 434.876, unless the context otherwise requires:
(1) “Financial information” includes but is not limited to any of the following information identifiable to the individual that concerns the amount and conditions of an individual's assets, liabilities, or credit:
(a) Account numbers and balances;
(b) Transactional information concerning any account;
(c) Codes, passwords, Social Security numbers, tax identification numbers, and driver's license numbers; and
(d) Information held for the purpose of credit or loan acquisition, account access, or transaction initiation;
(2) “Financial information repository” means any person engaged in the business of providing services to customers who have a credit, deposit, trust, stock, or other financial account or relationship with the person; and
(3) “Person” means an individual, sole proprietorship, partnership, corporation, limited liability company, association, or any entity however organized and whether or not organized to operate for profit.
CREDIT(S)
HISTORY: 2006 c 42, § 7, eff. 7-12-06; 2002 c 175, § 4, eff. 7-15-02
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.872
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
Financial Information
434.872 Disclosure of information from financial information repository; penalties
(1) No person may obtain or attempt to obtain, or cause to be disclosed or attempt to cause to be disclosed to any person, financial information from a financial information repository by knowingly:
(a) Making a false, fictitious, or fraudulent statement or representation to an officer, employee, or agent of a financial information repository with the intent to deceive the officer, employee, or agent into relying on that statement or representation for the purpose of releasing financial information;
(b) Making a false, fictitious, or fraudulent statement or representation to a customer of a financial information repository with the intent to deceive the customer into releasing financial information or authorizing the release of such information; or
(c) Providing any document to an officer, employee, or agent of a financial information repository, knowing that the document is forged, counterfeit, lost, or stolen, or that the document was fraudulently obtained, or that the document contains a false, fictitious, or fraudulent statement or representation, if such a document is provided with the intent to deceive the officer, employee, or agent into releasing the financial information.
(2) Violation of this section 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.
CREDIT(S)
HISTORY: 2002 c 175, § 5, eff. 7-15-02
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.874
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
Financial Information
434.874 Trafficking in financial information; penalties
(1) A person is guilty of trafficking in financial information when he or she manufactures, sells, transfers, or purchases, or possesses with the intent to manufacture, sell, transfer, or purchase financial information for the purpose of committing any crime.
(2) Trafficking in financial information 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, § 6, eff. 7-15-02
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 434.876
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 434. Offenses Against Property by Fraud
Financial Information
434.876 Application of KRS 434.870 to 434.876
(1) No provision of KRS 434.870 to 434.876 shall be construed to prevent any action by a law enforcement agency, or any officer, employee, or agent of such agency, or any action of an agent of the financial information repository when working in conjunction with a law enforcement agency.
(2) KRS 434.870 to 434.876 does not apply to:
(a) Efforts by the financial information repository to test security procedures or systems of the financial institution repository for maintaining the confidentiality of customer information;
(b) Investigations of alleged financial institution repository employee misconduct or negligence; or
(c) Efforts to recover financial or personal information of the financial institution obtained or received by another person in any manner described in KRS 434.872.
CREDIT(S)
HISTORY: 2002 c 175, § 7, eff. 7-15-02
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 435.010
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 435. Offenses Against Persons
435.010 Murder--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1149
< >
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 435.020
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 435. Offenses Against Persons
435.020 Voluntary manslaughter--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1150
< >
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 435.022
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 435. Offenses Against Persons
435.022 Involuntary manslaughter--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1962 c 90, § 1, 2
< >
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 435.025
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 435. Offenses Against Persons
435.025 Death occurring as result of negligently operating motor vehicle--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1952 c 51
< >
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 435.030
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 435. Offenses Against Persons
435.030 Homicide occurring in course of criminal syndicalism or sedition--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1148a-8
< >
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 435.040
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 435. Offenses Against Persons
435.040 Homicide occurring in course of abortion--Repealed
CREDIT(S)
HISTORY: 1974 c 255, § 19, eff. 6-21-74; 1974 c 406, § 336; 1942 c 208, § 1; KS 1219a-3
< >
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 435.050
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 435. Offenses Against Persons
435.050 Homicide occurring in course of striking, stabbing or shooting--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1151
< >
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 435.060
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 435. Offenses Against Persons
435.060 Homicide or injury resulting from obstruction of road--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1241
< >
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 435.070
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 435. Offenses Against Persons
435.070 Lynching or mob violence--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1151a-1, 1151a-2
< >
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 435.080
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 435. Offenses Against Persons
435.080 Rape of child under twelve; attempted rape--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1152, 1153
< >
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 435.090
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 435. Offenses Against Persons
435.090 Rape of female over twelve--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1944 c 143; 1942 c 208, § 1; KS 1154
< >
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 435.100
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 435. Offenses Against Persons
435.100 Carnal knowledge of female child under eighteen with her consent, or of male child under eighteen--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1155
< >
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 435.105
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 435. Offenses Against Persons
435.105 Indecent or immoral practices with another--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1962 c 298; 1948 c 36
< >
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 435.110
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 435. Offenses Against Persons
435.110 Taking or detaining woman against her will--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1158
< >
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 435.120
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 435. Offenses Against Persons
435.120 Taking girl under fourteen away from parents--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1156, 1157
< >
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 435.130
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 435. Offenses Against Persons
435.130 Taking or enticing away or detaining child under ten--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1157
< >
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 435.140
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 435. Offenses Against Persons
435.140 Kidnapping--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1962 c 234, § 61; 1942 c 208, § 1; KS 1157a
< >
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 435.150
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 435. Offenses Against Persons
435.150 Unlawful arrest, imprisonment or transportation out of State--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1221
< >
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 435.160
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 435. Offenses Against Persons
435.160 Maiming--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1165
< >
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 435.170
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 435. Offenses Against Persons
435.170 Malicious and willful shooting, cutting or poisoning; shooting or throwing missile into train, station, steamboat, motor vehicle or building--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1166, 1227a
< >
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 435.180
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 435. Offenses Against Persons
435.180 Shooting, wounding or cutting in sudden affray, or heat and passion, without previous malice--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1242
< >
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 435.190
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 435. Offenses Against Persons
435.190 Reckless shooting or throwing of missile into train, station or motor vehicle--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 794
< >
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 435.200
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 435. Offenses Against Persons
435.200 Drawing, flourishing or recklessly using deadly weapon--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1308
< >
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 435.210
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 435. Offenses Against Persons
435.210 Drawing or flourishing deadly weapon in passenger coach--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1308a-1
< >
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 435.220
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 435. Offenses Against Persons
435.220 Shooting firearms in city--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1347
< >
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 435.230
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 435. Offenses Against Persons
435.230 Carrying concealed deadly weapon; selling deadly weapon to minor--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1970 c 19, § 1, c 172, § 1; 1946 c 40; 1942 c 208, § 1; KS 1309, 1313
< >
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 435.235
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 435. Offenses Against Persons
435.235 Confiscation of deadly weapons--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 42
< >
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 435.240
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 435. Offenses Against Persons
435.240 Abandonment of child under sixteen or pregnant wife in destitute circumstances; postponement of prosecution; power of circuit court over verdict or indictment; desertion, abandonment or nonsupport by divorced parent; taking of child from divorced parent to whom custody has been awarded--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1966 c 255, § 283; 1954 c 56; 1950 c 181; 1946 c 90, § 1; 1942 c 208, § 1; KS 331i-1, 331i-2
< >
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 435.250
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 435. Offenses Against Persons
435.250 Sending threatening letter; incriminating testimony--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1241a-6, 1241a-7
< >
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 435.260
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 435. Offenses Against Persons
435.260 Demand of thing of value by menace or threat of violence--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1376qq-1
< >
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 435.270
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 435. Offenses Against Persons
435.270 Blackmail--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1376q-2
< >
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 435.280
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 435. Offenses Against Persons
435.280 Oral threat similar to blackmail--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1376q-3
< >
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 435.290
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 435. Offenses Against Persons
435.290 Nature of threat in KRS 435.270 or 435.280--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1376q-4
< >
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 435.300
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 435. Offenses Against Persons
435.300 Spreading slanderous report--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1376n
< >
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 435.310
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 435. Offenses Against Persons
435.310 Fraudulently having one adjudged of unsound mind or confined in an institution--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 216aa-102
< >
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 435.320
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 435. Offenses Against Persons
435.320 Disclosure of information obtained during employment to aid competitor of employer--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1962 c 138, § 1 to 3
< >
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS T. XL, Ch. 436, Refs & Annos
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.010
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.010 Seduction of female under twenty-one--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1214
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.020
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.020 Abortion or miscarriage--Repealed
CREDIT(S)
HISTORY: 1974 c 255, § 19, eff. 6-21-74; 1974 c 406, § 336; 1942 c 208, § 1; KS 1219a-1, 1219a-2, 1219a-4
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.023
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.023 Waiting period required between consent to and performance of abortion--Repealed
CREDIT(S)
HISTORY: 1982 c 342, § 12, eff. 7-15-82; 1978 c 384, § 119; 1974 c 255, § 16, 17(8)
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.026
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.026 Sale or transfer of viable aborted child for use in experimentation prohibited
Any person who shall sell, transfer, distribute, or give away any live or viable aborted child or permits such child to be used for any form of experimentation shall be guilty of a Class B felony. Nothing contained in this section shall be construed as prohibiting adoption or foster care proceedings pursuant to the provisions of the laws of the Commonwealth.
CREDIT(S)
HISTORY: 1992 c 463, § 61, eff. 7-14-92; 1974 c 255, § 13
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.030
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.030 Concealing birth of bastard--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1220
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.040
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.040 Pandering--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1215a, 1215b-1
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.050
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.050 Sodomy; buggery--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1218
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.060
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.060 Incest--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1219
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.070
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.070 Fornication; adultery--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1320
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.075
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.075 Prostitution, lewdness and assignation--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 135, § 1 to 4
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.080
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.080 Bigamy--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1216
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.090
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.090 Manufacture, distribution or advertising of articles for immoral use--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1352, 1354
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.100
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.100 Distribution of obscene literature--Repealed
CREDIT(S)
HISTORY: 1966 c 40, § 10, eff. 6-16-66; 1962 c 273, § 1 to 4; 1942 c 208, § 1; KS 1352, 1354
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.101
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.101 Obscene matter, distribution, penalties, destruction--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1966 c 40, § 1 to 9
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.107
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.107 Use of obscene language or proposals on telephone; notice of law on telephone books--Repealed
CREDIT(S)
HISTORY: 1980 c 49, § 22, eff. 7-15-80; 1974 c 406, § 333; 1966 c 167, § 1 to 3
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.110
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.110 Publications featuring crime--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1353, 1354
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.120
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.120 Exceptions to KRS 436.090 and 436.110--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1970 c 92, § 95; 1942 c 208, § 1; KS 1355
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.130
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.130 Publications featuring pictures of people influenced by stimulants--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1351
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.140
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.140 Appearing on highway in bathing garb--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1376m-1, 1376m-2
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.150
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.150 Profane cursing or swearing--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1319
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.155
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.155 Scalping of sports tickets--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1966 c 67, § 1
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.160
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.160 Working on Sunday; work of necessity or charity, athletic games and certain businesses and employers excluded; penalty
(1) Any person who works on Sunday at his own or at any other occupation or employs any other person, in labor or other business, whether for profit or amusement, unless his work or the employment of others is in the course of ordinary household duties, work of necessity or charity or work required in the maintenance or operation of a public service or public utility plant or system, shall be fined not less than two dollars ($2) nor more than fifty dollars ($50). The employment of every person employed in violation of this subsection shall be deemed a separate offense.
(2) Persons who are members of a religious society which observes as a Sabbath any other day in the week than Sunday shall not be liable to the penalty prescribed in subsection (1) of this section, if they observe as a Sabbath one (1) day in each seven (7).
(3) Subsection (1) of this section shall not apply to amateur sports, athletic games, or operation of grocery stores whose principal business is the sale of groceries and related food items, drug stores whose principal business is the sale of drugs and related drug items, gift shops, souvenir shops, fishing tackle shops and bait shops, moving picture shows, chautauquas, filling stations, or opera.
(4) Subsection (1) of this section shall not apply to employers using continuous work scheduling provided that such scheduling permits at least one (1) day of rest each calendar week for each employee.
CREDIT(S)
HISTORY: 1978 c 250, § 1, eff. 6-17-78; 1972 c 18, § 1; 1942 c 208, § 1; KS 1290a-7, 1290a-11, 1321, 1323, 1369, 1979
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.165
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.165 Retail sales and activities on Sunday subject to control of legislative body of city or county; restrictions; public vote
In addition to the provisions of KRS 436.160:
(1) The legislative body of any city, except as to activities permitted under KRS 436.160, shall have the exclusive power to enact ordinances or orders permitting and regulating other retail sales and activities on Sunday within its jurisdictional boundaries, subject to subsection (4) hereof.
(2) The fiscal court of each county, except as to activities permitted under KRS 436.160, shall have exclusive power to enact resolutions or orders permitting and regulating other retail sales and activities on Sunday in that portion of the county which lies outside of the corporate limits of any cities within said county, subject to subsection (4) hereof.
(3) In any city, county, or urban-county government where the legislative body has failed to enact ordinances permitting retail sales and activities on Sunday, the matter may be put to a vote of the people. Upon a petition signed by eligible voters in a number equal to twenty-five percent (25%) of the voters who voted in the last general election, a proposition to permit retail sales and activities on Sunday shall be placed before the voters at the next general election. Any such petition shall be submitted to the county clerk of that county for verification of the signatures. The petition shall be submitted to the county clerk and certified by the county clerk as sufficient not later than the second Tuesday in August prior to a general election to be eligible for placement of the question before the voters.
(4) Notwithstanding subsections (1), (2), and (3) of this section, any ordinance, resolution or order adopted by the legislative body of any city or the fiscal court of any county pertaining to retail sales and activities on Sunday shall be subject to the following limitations:
(a) No employer shall require as a condition of employment that any employee work on Sunday or on any other day of the week which any such employee may conscientiously wish to observe as a religious Sabbath.
(b) No employer shall in any way discriminate in the hiring or retaining of employees between those who designate a Sabbath as their day of rest and those who do not make such designation, provided, however, that the payment of premium or overtime wage rates for Sunday employment shall not be deemed discriminatory.
(c) No person permitted, under the provisions of this section, to engage in a retail business on Sunday shall be open to the public between the hours of 6 a.m. and noon on any Sunday.
(d) Every employer engaged in retail sales on Sunday shall allow each person employed by him in connection with such business or service at least twenty-four (24) consecutive hours of rest in each calendar week in addition to the regular periods of rest normally allowed or legally required in each working day.
(e) No business shall be required to be open on Sunday as part of a lease agreement, franchise agreement or any other contractual arrangement. The provisions of this subsection shall not apply to any lease agreement, franchise agreement or any other contractual arrangement entered into before July 15, 1980.
CREDIT(S)
HISTORY: 1996 c 195, § 70, eff. 7-15-96; 1982 c 360, § 85, eff. 7-15-82; 1980 c 142, § 1; 1972 c 18, § 2
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.170
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.170 Exhibiting or using studhorse, jack or bull near place of worship, residence or school--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1329
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.180
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.180 Cruelty to animals--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1966 c 215, § 8; 1942 c 208, § 1; KS 1246-1
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.185
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.185 Exhibition of walking horse where the horse's front legs or hoofs show evidence of burns, drugs, lacerations or any pain inflicting device
(1) (a) The term “walking horse” as used in this section shall be construed to include only that breed of horses known as walking horses.
(b) The term “handler” as used in this section shall be construed to mean that person or persons who are in charge of grooming, preparing and readying said horse for competition.
(2) No walking horse shall be permitted to compete or exhibit in any exhibition or fair either for profit or pleasure, if said horse's front legs or hoofs show evidence of burns, drugs, lacerations, any sharp pointed instrument, or any pain inflicting device.
(3) It shall be the duty of the assigned ringmaster in charge of any such exhibition or competition to properly inspect the front legs and hoofs of each entry in each class or event. Said inspection shall be for the purpose of determining whether there is any evidence of burns, drugs, lacerations, any sharp pointed instrument, or any pain inflicting device appearing on said animal.
(4) If any such evidence appears to the satisfaction of the ringmaster, he shall immediately bar said horse from competition, and notify the sheriff of said county of said violation. The handler of said horse shall be fined not less than ten dollars ($10) nor more than one hundred dollars ($100) or imprisoned for ten (10) days or both. For the second and each subsequent offense he shall be imprisoned for thirty (30) days.
(5) Any ringmaster who fails to perform these duties, and permits the commission of any of the offenses stated in subsection (2), shall be fined not less than ten dollars ($10) nor more than one hundred dollars ($100) for each offense allowed.
(6) This section shall in no wise repeal any laws of the Commonwealth of Kentucky on the subject of cruelty to animals and shall be construed by the courts as supplementary thereto.
CREDIT(S)
HISTORY: 1956 c 245, § 1 to 6, eff. 5-18-56
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.190
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.190 Dog fights and chicken fights--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1344
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.200
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.200 Gambling in general--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1977
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.210
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.210 Common gambler--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1971
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.220
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.220 Gambler may be required to give surety for good behavior--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1970
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.230
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.230 Operating gambling machine, game or contrivance; pools at race tracks and pinball machines exempted--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1966 c 5; 1950 c 145; 1942 c 208, § 1; KS 1960, 1961
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.240
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.240 Permitting operation of gambling device on premises--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1967
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.250
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.250 Permitting gambling on premises--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1978
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.260
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.260 Persuading another to visit gambling place; liability to him and his creditors--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1969
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.270
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.270 Playing at gambling device--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1968
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.280
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.280 Gambling implements to be seized and destroyed--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1962
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.290
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.290 Search for gambling tables--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1974
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.300
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.300 Betting on billiards or pool--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1368, 1979
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.310
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.310 Permitting betting on billiards or pool--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1368, 1972, 1979
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.320
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.320 Minor to furnish identification to play billiards or pool; owner of table to supply blank cards
No person owning or controlling a billiard or pool table shall permit, for compensation or reward, any minor under eighteen (18) years of age to play any game on the table, unless such minor shall have first displayed an identification card containing his name, age, photograph, and the signature of his parents or guardian. The minor shall keep such identification card on his person, and it shall be subject to inspection at any time by any peace officer. The person owning or controlling such billiard or pool table shall keep and maintain a registration book in which each minor shall sign. The person owning or controlling such billiard or pool table shall supply a blank identification card to each parent or guardian who makes request for same. Any person who violates this section shall be fined not less than ten ($10) nor more than one hundred dollars ($100) for each offense.
CREDIT(S)
HISTORY: 1954 c 232, eff. 6-17-54; 1946 c 71; 1942 c 208, § 1; KS 1972
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.330
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.330 Betting on election--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1975
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.340
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.340 Limitation of actions under KRS 436.200 to 436.330--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1980
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.350
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.350 Peace officer to arrest person operating gambling machine, game or contrivance--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1963, 1964
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.360
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.360 Lotteries and gift enterprises; “chain” merchandising; injunctive relief; civil penalties--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1972 c 23, § 4; 1966 c 218; 1944 c 173, § 23; 1942 c 208, § 1; KS 2573
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.370
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.370 Permitting premises to be used for lottery or gift enterprise--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 2574
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.380
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.380 Procuring lottery ticket--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 2575
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.390
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.390 Prohibition of fictitious lotteries--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 2576
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.400
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.400 Buyer of lottery ticket may testify against seller--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 2579
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.410
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.410 Indictment in lottery cases--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 2577, 2580
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.420
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.420 Advertising lotteries in newspapers and magazines--Repealed
CREDIT(S)
HISTORY: 1988 ex s, c 1, § 31, eff. 12-15-88; 1942 c 208, § 1; KS 1314, 1316
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.430
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.430 Selling paper containing lottery advertisement--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1315, 1317
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.440
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.440 Keeping or leasing premises where bets are placed on races or other contests--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 3914b-1, 3914b-3
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.450
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.450 Acting as agent or employee of another in keeping premises where bets are placed on races or other contests--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 3914b-2
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.460
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.460 Assembling on premises where bets are placed on races or other contests--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 3914b-4
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.470
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.470 Peace officer to suppress places where bets are placed on races or other contests--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 3914b-5
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.480
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.480 Pari-mutuel wagering exempt from KRS Ch. 528
KRS Chapter 528 shall not apply to pari-mutuel wagering authorized under the provisions of KRS Chapter 230.
CREDIT(S)
HISTORY: 1976 c 183, § 7, eff. 6-19-76; 1974 c 406, § 327; 1942 c 208, § 1; KS 3914b-6
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.490
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.490 Betting on or transmitting bets on horse races other than authorized Kentucky races--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1328a
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.500
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.500 Betting on boxing or wrestling match--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1286
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.505
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.505 Bribing or attempting to bribe participants in professional or amateur sports events--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1952 c 1, § 1
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.506
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.506 Participant in sports event soliciting or accepting bribe--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1952 c 1, § 2
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.510
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.510 Witnesses in investigation or prosecution for gambling
(1) In any prosecution or any investigation by an examining court or grand jury of gambling violations, it shall be no exemption for a witness that his testimony may incriminate himself.
(2) It shall be no exemption for the buyer of a lottery ticket, in any prosecution against the seller of a lottery ticket, that his testimony may incriminate himself.
(3) No testimony given in the proceedings stated in subsections (1) and (2) of this section shall be used against the testifying witness in any prosecution except for false swearing.
(4) Except as provided in subsection (3) of this section, a witness testifying in any prosecution against the seller of a lottery ticket, shall be discharged from all liability for any offense necessarily disclosed in his testimony.
(5) A witness testifying in any prosecution for gambling shall be discharged from all liability for gambling disclosed in his testimony.
(6) No person against whom a witness testifies in any prosecution for gambling shall testify as to any gambling by the witness.
CREDIT(S)
HISTORY: 1974 c 406, § 334, eff. 1-1-75; 1942 c 208, § 1; KS 1328a, 1973, 2579
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.520
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.520 Vagrancy--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 4758-1, 4758-2
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.530
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.530 Peace officers to disperse vagrants--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 4758-4
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.540
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.540 Legislative policy as to comic books declared--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1956 c 244, § 1
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.550
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.550 Publication and distribution of comic books devoted to accounts of methods of crime, terror, brutality or illicit sex--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1956 c 244, § 2
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.560
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.560 Selling, lending, showing, advertising for sale or distribution to persons under the age of eighteen years of comic books described under KRS 436.550; presumptive evidence--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1956 c 244, § 3
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.570
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.570 Actions to enjoin the publication, distribution or sale of articles prohibited by KRS 436.540 to 436.560--Repealed
CREDIT(S)
HISTORY: 1974 c 406, §336, eff. 1-1-75; 1956 c 244, § 4
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.575
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.575 Motion picture rating required to be included in any motion picture advertising placed or accepted
(1) No person shall advertise any motion picture in any media, including but not limited to newspapers, magazines, radio, television, or billboards, without including the rating assigned to that picture by the Motion Picture Coding Association of America or its successor, if a rating has been assigned to the said motion picture.
(2) No person shall accept for publication or publish or air any motion picture advertisement which does not carry a rating as assigned by the Motion Picture Coding Association of America, unless such motion picture has not been rated by the said association or its successor.
(3) Any person who violates any of the provisions of this section shall be fined not less than $50 nor more than $500.
CREDIT(S)
HISTORY: 1972 c 351, § 1, eff. 6-16-72
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.580
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.580 Tie-in sales of publications which may not lawfully be sold--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1956 c 103
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.590
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.590 Definitions in KRS 436.180 and 436.590 to 436.600--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1966 c 215, § 1
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.593
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.593 Injuring, poisoning or killing domestic animals--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1966 c 215, § 2
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.595
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.595 Stealing domestic animal; possession of stolen animal--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1966 c 215, § 3
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.597
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.597 Abandonment of dog or cat--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1966 c 215, § 6
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.600
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.600 Dyeing or selling dyed baby fowl or rabbits
No person shall sell, exchange, offer to sell or exchange, display, or possess living baby chicks, ducklings, or other fowl or rabbits which have been dyed or colored; nor dye or color any baby chicks, ducklings, or other fowl or rabbits; nor sell, exchange, offer to sell or exchange or to give away baby chicks, ducklings, or other fowl or rabbits, under two (2) months of age in any quantity less than six (6), except that any rabbit weighing three (3) pounds or more may be sold at an age of six (6) weeks. Any person who violates this section shall be fined not less than $100 nor more than $500.
CREDIT(S)
HISTORY: 1972 c 374, § 1, eff. 6-16-72; 1966 c 215, § 5
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.605
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.605 Animal control officers and humane agents have powers of peace officers except power of arrest; search warrants; execution of search warrants; arrest by peace officer
(1) Animal control officers and officers and agents of humane societies who are employed by, appointed by, or have contracted with a city, county, urban-county, charter county, or consolidated local government to provide animal sheltering or animal control services shall have the powers of peace officers, except for the power of arrest, for the purpose of enforcing the provisions of the Kentucky Revised Statutes relating to cruelty, mistreatment, or torture of animals, provided they possess the qualifications required under KRS 61.300.
(2) When any peace officer, animal control officer, or any officer or agent of any society or association for the prevention of cruelty to animals duly incorporated under the laws of this Commonwealth who is employed by, appointed by, or has contracted with a city, county, urban-county, charter county, or consolidated local government to provide animal sheltering or animal control services makes an oath before any judge of a District Court that he has reasons to believe or does believe that an act of cruelty, mistreatment, or torture of animals is being committed in a building, barn, or other enclosure, the judge shall issue a search warrant directed to the peace officer, animal control officer, or officer or agent of the society or association for the prevention of cruelty to animals to search the premises. If a peace officer finds that an act of cruelty, mistreatment, or torture of animals is being perpetrated, the offender or offenders shall be immediately arrested by the peace officer and brought before the court for trial. If an animal control officer or an officer or agent of a society or association for the prevention of cruelty to animals finds that an act of cruelty, mistreatment, or torture of animals is being perpetrated, the officer or agent shall summon a peace officer to arrest the offender or offenders and bring them before the court for trial.
CREDIT(S)
HISTORY: 2004 c 189, § 29, eff. 7-13-04; 1976 1st ex s, c 14, § 444, eff. 1-2-78; 1974 c 406, § 328; 1966 c 215, § 4, 7
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 436.610
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 436. Offenses Against Morality (Refs & Annos)
436.610 Confiscation of animals on premises where violations of KRS 525.125 and 525.130 occur
All animals of the same species, which are on the property when an animal is caused to fight for pleasure or profit, in violation of the provisions of KRS 525.125 and 525.130, shall be confiscated and turned over to the county animal control officer employed, appointed, or contracted with as provided by KRS 258.195, if there are reasonable grounds to believe that the animals were on the property for the purpose of fighting.
CREDIT(S)
HISTORY: 2004 c 189, § 30, eff. 7-13-04; 1984 c 67, § 3, eff. 7-13-84
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS T. XL, Ch. 437, Refs & Annos
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 437. Offenses Against Public Peace; Conspiracies
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 437.010
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 437. Offenses Against Public Peace; Conspiracies (Refs & Annos)
437.010 Breach of peace, riot, rout, unlawful assembly, affray--Repealed
CREDIT(S)
HISTORY: 1968 c 105, § 3, eff. 6-13-68; 1942 c 208, § 1; KS 1268
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 437.011
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 437. Offenses Against Public Peace; Conspiracies (Refs & Annos)
437.011 Definitions for KRS 437.011 to 437.018--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1968 c 105, § 1
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 437.012
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 437. Offenses Against Public Peace; Conspiracies (Refs & Annos)
437.012 “Riot” defined; penalty--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1968 c 105, § 2
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 437.013
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 437. Offenses Against Public Peace; Conspiracies (Refs & Annos)
437.013 “Inciting to riot” defined; penalty--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1968 c 105, § 4
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 437.014
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 437. Offenses Against Public Peace; Conspiracies (Refs & Annos)
437.014 “Failure to disperse” defined; penalty--Repealed
CREDIT(S)
HISTORY: 1980 c 49, § 22, eff. 7-15-80; 1968 c 105, § 5
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 437.015
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 437. Offenses Against Public Peace; Conspiracies (Refs & Annos)
437.015 “Unlawful assembly” defined; penalty--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1968 c 105, § 6
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 437.016
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 437. Offenses Against Public Peace; Conspiracies (Refs & Annos)
437.016 “Disorderly conduct” defined; penalty--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1968 c 105, § 7
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 437.017
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 437. Offenses Against Public Peace; Conspiracies (Refs & Annos)
437.017 “Loitering” defined; penalty--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1968 c 105, § 8
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 437.018
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 437. Offenses Against Public Peace; Conspiracies (Refs & Annos)
437.018 False reporting to law enforcement authorities--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1968 c 105, § 9
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 437.020
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 437. Offenses Against Public Peace; Conspiracies (Refs & Annos)
437.020 Use of abusive language to provoke assault--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1271
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 437.030
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 437. Offenses Against Public Peace; Conspiracies (Refs & Annos)
437.030 Challenge to duel; accepting and delivering challenge
Any person who, in this state, challenges another to fight with any deadly weapon, in or out of this state, and any person who accepts the challenge, shall be fined five hundred dollars ($500) and imprisoned for not less than six (6) nor more than twelve (12) months. Any person who knowingly carries or delivers such a challenge in this state, or consents in this state to be a second to either party shall be fined one hundred dollars ($100) and imprisoned for thirty (30) days.
CREDIT(S)
HISTORY: 1942 c 208, § 1, eff. 10-1-42; KS 1269
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 437.040
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 437. Offenses Against Public Peace; Conspiracies (Refs & Annos)
437.040 Disturbing church, school, public assemblage--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1267
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 437.050
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 437. Offenses Against Public Peace; Conspiracies (Refs & Annos)
437.050 Attempting to interrupt or injure public speaker--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1267a
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 437.060
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 437. Offenses Against Public Peace; Conspiracies (Refs & Annos)
437.060 Use of reptiles in religious services
Any person who displays, handles or uses any kind of reptile in connection with any religious service or gathering shall be fined not less than fifty dollars ($50) nor more than one hundred dollars ($100).
CREDIT(S)
HISTORY: 1942 c 208, § 1, eff. 10-1-42; KS 1267a-1
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 437.070
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 437. Offenses Against Public Peace; Conspiracies (Refs & Annos)
437.070 Arrest of clergyman while performing religious worship--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1318
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 437.080
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 437. Offenses Against Public Peace; Conspiracies (Refs & Annos)
437.080 Maintaining refreshment stand near association, camp or arbor meeting--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1267b-1, 1267b-2
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 437.090
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 437. Offenses Against Public Peace; Conspiracies (Refs & Annos)
437.090 Street car passenger causing disturbance, refusing to pay fare--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1342a
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 437.095
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 437. Offenses Against Public Peace; Conspiracies (Refs & Annos)
437.095 Shooting fireworks in public places prohibited--Repealed
CREDIT(S)
HISTORY: 1980 c 49, § 22, eff. 7-15-80; 1944 c 167
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 437.100
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 437. Offenses Against Public Peace; Conspiracies (Refs & Annos)
437.100 Presentation of play based on master-slave antagonism or exciting race prejudice--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1376c-1, 1376c-2
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 437.110
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 437. Offenses Against Public Peace; Conspiracies (Refs & Annos)
437.110 Conspiracy; banding together for unlawful purpose--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1962 c 217; 1948 c 22, § 1; 1942 c 208, § 1; KS 1241a-1, 1241a-2
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 437.120
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 437. Offenses Against Public Peace; Conspiracies (Refs & Annos)
437.120 Penalty if injury or death results from conspiracy; absence of malice no mitigation; civil liability--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1948 c 22, § 2; 1942 c 208, § 1; KS 1241a-3
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 437.130
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 437. Offenses Against Public Peace; Conspiracies (Refs & Annos)
437.130 Governor and county judge may offer rewards--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1241a-5
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 437.140
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 437. Offenses Against Public Peace; Conspiracies (Refs & Annos)
437.140 Witness in prosecution of criminal conspirators not to claim exemption
In any prosecution for criminal conspiracy it shall be no exemption for a witness that his testimony may incriminate himself. No testimony given by the witness shall be used against him in any prosecution except for perjury, and he shall be discharged from all liability for a violation of any criminal conspiracy law necessarily disclosed in his testimony.
CREDIT(S)
HISTORY: 1974 c 406, § 319, eff. 1-1-75; 1942 c 208, § 1; KS 1241a-7
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 437.150
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 437. Offenses Against Public Peace; Conspiracies (Refs & Annos)
437.150 Conspiracy to carry on false prosecution--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1341
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 437.410
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 437. Offenses Against Public Peace; Conspiracies (Refs & Annos)
Protection of Animal Facilities
437.410 Definitions
As used in KRS 437.410 to 437.429, unless the context otherwise requires:
(1) “Animal” means any warm or cold blooded animal used in food or fiber production, agriculture, research, testing, or education, including poultry, fish, and insects;
(2) “Animal facility” means any vehicle, building, structure, or premises, where an animal or animal records are kept, handled, housed, exhibited, bred, or offered for sale;
(3) “Consent” means assent in fact, whether express or apparent;
(4) “Deprive” means to withhold an animal or other property from the owner permanently or for so extended a period of time that a major portion of the value or enjoyment of the animal or property is lost to the owner, to restore the animal or other property only upon payment of reward or other compensation, or to dispose of an animal or other property in a manner that makes recovery of the animal or property by the owner unlikely;
(5) “Effective consent” means consent by a person legally authorized to act for the owner. Consent is not effective if induced by force, threat, false pretenses, or fraud, if given by a person the actor knows is not legally authorized to act for the owner, if given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable decisions, or if given solely to detect the commission of an offense;
(6) “Owner” means a person who has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor;
(7) “Person” means any individual, corporation, association, nonprofit corporation, joint stock company, firm, trust, partnership, two (2) or more persons having a joint or common interest, or other legal entity;
(8) “Possession” means actual care, custody, control, or management.
CREDIT(S)
HISTORY: 1990 c 61, § 1, eff. 7-13-90
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 437.415
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 437. Offenses Against Public Peace; Conspiracies (Refs & Annos)
Protection of Animal Facilities
437.415 Findings of the General Assembly
The General Assembly finds that the caring, rearing, feeding, breeding, and sale of animals and animal products, and the use of animals in research, testing, and education, represents vital segments of the economy of the state, that producers and others involved in the production and sale of animals and animal products and the use of animals in research and education have a vested interest in protecting the health and welfare of animals and the physical and intellectual property rights which they have in animals, and that there has been an increasing number of illegal acts committed against farm animal and research facilities. The General Assembly further finds that these illegal acts threaten the production of agricultural products, and jeopardize crucial scientific, biomedical, or agricultural research, and finally, the General Assembly finds that these illegal acts threaten the public safety by exposing communities to contagious diseases and damage research.
CREDIT(S)
HISTORY: 1990 c 61, § 2, eff. 7-13-90
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 437.420
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 437. Offenses Against Public Peace; Conspiracies (Refs & Annos)
Protection of Animal Facilities
437.420 Offenses
(1) A person commits an offense if, without the effective consent of the owner, the person acquires or otherwise exercises control over an animal facility, an animal from an animal facility, or other property from an animal facility, with the intent to deprive the owner of the facility, animal, or property and to disrupt or damage the enterprise conducted at the animal facility.
(2) A person commits an offense if, without the effective consent of the owner and with the intent to disrupt or damage the enterprise conducted at the animal facility, the person damages or destroys an animal facility or any animal or property in or on an animal facility.
(3) A person commits an offense if, without the effective consent of the owner and with the intent to disrupt or damage the enterprise conducted at the animal facility, the person enters an animal facility, not then open to the public, with the intent to commit an act prohibited by this section, remains concealed, with the intent to commit an act prohibited by this section, in an animal facility, or enters an animal facility and commits or attempts to commit an act prohibited by this section.
(4) A person commits an offense if, without the effective consent of the owner and with the intent to disrupt or damage the enterprise conducted at the animal facility, the person enters or remains on an animal facility, and the person had notice that the entry was forbidden, or received notice to depart but failed to do so. For purposes of this subsection “notice” shall mean oral or written communication by the owner or someone with apparent authority to act for the owner, fencing or other enclosure obviously designed to exclude intruders or to contain animals, or a sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden.
CREDIT(S)
HISTORY: 1990 c 61, § 3, eff. 7-13-90
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 437.429
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 437. Offenses Against Public Peace; Conspiracies (Refs & Annos)
Protection of Animal Facilities
437.429 Penalties
(1) Any person who violates any provision of KRS 437.410 to 437.420 shall be subject to a fine of not more than five thousand dollars ($5,000) or imprisoned for not less than six (6) months but not more than one (1) year, or both, for each violation.
(2) Any persons convicted of violating any provision of KRS 437.410 to 437.420 shall be ordered jointly and severally to make restitution to the animal facility in the full amount of the reasonable cost of replacing materials, data, equipment or animals, and records that may have been damaged or cannot be returned, and the reasonable cost of repeating any experimentation that may have been interrupted or invalidated as a result of the violation.
(3) Nothing in KRS 437.410 to 437.420 shall be construed to affect any other rights of a person who has been damaged by reason of a violation of KRS 437.410 to 437.420.
CREDIT(S)
HISTORY: 1990 c 61, § 4, eff. 7-13-90
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.010
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
438.010 Willfully spreading smallpox--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 4607, 4617, 4618
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.020
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
438.020 Person under eighteen not to smoke cigarettes--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1277a-2
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.030
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
438.030 Supplying child under eighteen with cigarettes; causing child to smoke--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1277, 1277a-1, 1277a-5
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.040
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
438.040 Peace officer to find out from persons under eighteen where they obtained cigarettes--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1277a-3
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.045
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
438.045 Sale of tobacco products to persons under age 18 prohibited--Renumbered
CREDIT(S)
HISTORY: 1994
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.047
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
438.047 Prohibition against certain billboard advertising of tobacco products within five hundred feet of school; fine
(1) No cigarette or tobacco products advertising shall be posted on a billboard with display space larger than fifty (50) square feet located within five hundred (500) feet of any elementary or secondary school building or adjacent school-owned property.
(2) Any person who violates the provisions of this section shall be fined not less than one hundred dollars ($100) for each offense.
CREDIT(S)
HISTORY: 1992 c 164, § 2, eff. 7-14-92
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.050
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
438.050 Smoking on school premises; exception
Any person, except adult employees of the school system who smoke in a room on the school premises designated by the superintendent or principal for the purpose, who smokes tobacco products in any school building or any part of any building used for school purposes, or upon school grounds, while children are assembled there for lawful purposes, except in areas in secondary schools designated and supervised by the superintendent or principal for the purpose, shall be fined not less than one dollar ($1) nor more than five dollars ($5). The exception granted for smoking areas designated by the superintendent or principal shall extend to all schools.
CREDIT(S)
HISTORY: 1988 c 435, § 2, eff. 7-15-88; 1976 c 72, § 1; 1972 c 19, § 1; 1942 c 208, § 1; KS 1277a-4
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.060
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
438.060 Contaminating watercourse
(1) Except as provided in subsection (2) of this section any person who places or causes to be placed in any stream, dam, pool or pond any substance that renders the water unfit for use or produces a stench shall be fined not less than ten dollars ($10) nor more than one hundred dollars ($100) and imprisoned for not less than thirty (30) days nor more than six (6) months.
(2) Any person who places the carcass of any beast in any watercourse or within twenty-five (25) yards of a watercourse, or casts it into any spring or pond shall be fined not less than five dollars ($5) nor more than twenty dollars ($20) for the first offense and for every subsequent offense not less than twenty dollars ($20) nor more than one hundred dollars ($100).
CREDIT(S)
HISTORY: 1942 c 208, § 1, eff. 10-1-42; KS 1253, 1278
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.065
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
438.065 Advertising or soliciting by practitioner of healing arts; exceptions
(1) No person licensed to practice medicine, dentistry, osteopathy, podiatry, optometry, or chiropractic, or any other healing art in this state shall solicit persons to become patients, or advertise by mail, card, newspaper, pamphlet, radio, television, or any other medium, or permit his services to be advertised; provided, however, that such person may publish a brief announcement of the opening of an office or of any change of office location or change of office hours, and may cause to be listed in the telephone directory and classified advertising sections thereof his name, address, type of practice and office hours. Modest signs on the doors, windows, and walls of the licensee's office or on the building in which he maintains an office setting out his name, professional title in accordance with KRS 311.375, office hours and address shall not be considered as violations of this subsection.
(2) Each violation of subsection (1) of this section shall be punishable by a fine of not less than two hundred and fifty dollars ($250) nor more than one thousand dollars ($1,000) or by imprisonment for not less than one (1) month nor more than twelve (12) months or both.
(3) Nothing contained herein prohibits the circulation of educational materials, which are not laudatory of the author or any person with whom he is associated in the practice of his profession, and which contain no solicitation of patients for the author or any such associate of the author, which has been approved as to content by the appropriate licensing agency.
CREDIT(S)
HISTORY: 1966 c 94, eff. 6-16-66
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.070
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
438.070 Advertisements of venereal disease treatments--Repealed
CREDIT(S)
HISTORY: 1972 c 157, § 4, eff. 6-16-72; 1942 c 208, § 1; KS 1376h
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.080
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
438.080 Endurance contests--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1376u-1, 1376u-2
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.090
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
438.090 Common drinking cup--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1942 c 208, § 1; KS 1376e
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.100
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
438.100 Fireworks defined--Repealed
CREDIT(S)
HISTORY: 1980 c 49, § 22, eff. 7-15-80; 1968 c 185, § 1; 1950 c 134, § 1
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.110
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
438.110 Sale or use of fireworks prohibited; exceptions for public displays--Repealed
CREDIT(S)
HISTORY: 1980 c 49, § 22, eff. 7-15-80; 1968 c 185, § 2; 1950 c 134, § 2
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.120
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
438.120 Bond for public display permit--Repealed
CREDIT(S)
HISTORY: 1980 c 49, § 22, eff. 7-15-80; 1950 c 134, § 3
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.130
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
438.130 Exempted uses and sales of fireworks--Repealed
CREDIT(S)
HISTORY: 1980 c 49, § 22, eff. 7-15-80; 1968 c 185, § 3; 1950 c 134, § 4
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.140
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
438.140 Penalty for violating fireworks law--Repealed
CREDIT(S)
HISTORY: 1980 c 49, § 22, eff. 7-15-80; 1950 c 134, § 5
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.143
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
438.143 Samples of exempted novelties to be approved by Fire Marshal before sale; labeling--Repealed
CREDIT(S)
HISTORY: 1980 c 49, § 22, eff. 7-15-80; 1968 c 185, § 4
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.145
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
438.145 Obstructing fire fighting operations; penalty--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1968 c 106
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.150
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
438.150 Abandoned refrigerators, iceboxes and ice chests--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1954 c 44
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.160
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
438.160 Definitions for KRS 438.170, 438.180 and 438.190
(1) “Party line” means a subscriber's line telephone circuit, consisting of two (2) or more main telephone stations connected therewith, each station with a distinctive ring or telephone number.
(2) “Emergency” means a situation in which property or human life is in jeopardy and the prompt summoning of aid is essential.
CREDIT(S)
HISTORY: 1962 c 235, § 1, eff. 6-14-62
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.170
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
438.170 Emergency party line use
Any person who willfully refuses to yield or surrender the use of a party line to another person for the purpose of permitting such other person to report a fire or summon police, medical or other aid in case of emergency, shall be fined not less than twenty ($20) nor more than five hundred dollars ($500) or imprisoned in the county jail for a period not exceeding ninety (90) days, or both.
CREDIT(S)
HISTORY: 1962 c 235, § 2, eff. 6-14-62
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.180
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
438.180 False representation of emergency
Any person who asks for or requests the use of a party line on the pretext that an emergency exists, knowing that no emergency in fact exists, shall be fined not less than twenty-five ($25) nor more than one hundred dollars ($100) or imprisoned in the county jail for a period not exceeding ten (10) days or both so fined and imprisoned.
CREDIT(S)
HISTORY: 1962 c 235, § 3, eff. 6-14-62
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.190
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
438.190 Warning publication
After the ninetieth day following June 14, 1962, every telephone directory thereafter published for distribution to the members of the general public shall contain a notice which explains this law, such notice to be printed in type which is no smaller than any other type on the same page and to be preceded by the word “WARNING.” The provisions of this section shall not apply to directories distributed solely for business advertising purposes, commonly known as classified directories.
CREDIT(S)
HISTORY: 1962 c 235, § 4, eff. 6-14-62
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.200
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
438.200 False fire or bomb alarm, penalty--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1968 c 47
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.210
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
438.210 Interfering with communications
Any person who willfully and maliciously prevents, obstructs or delays the sending, transmission, conveyance or delivery in this state of any message, communication or report through any telegraph or telephone line, wire or cable shall be fined not less than fifty dollars ($50) nor more than five hundred dollars ($500), or imprisoned for not more than one (1) year, or both.
CREDIT(S)
HISTORY: 1980 c 49, § 4, eff. 7-15-80
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.220
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
438.220 Transmission of false or fraudulent communications over telegraph or telephone lines; delay of messages
Any person who knowingly transmits on or through any telegraph or telephone line in the state, any false communication or intelligence with intention to injure any other person or to speculate on any article of merchandise, commerce or trade, or with intent that another may do so; or any agent, officer or manager of a telegraph or telephone line who, from corrupt or improper motives or willful negligence, withholds the transmission or delivery of messages or intelligence, for which the customary charges have been paid or tendered, shall be fined not less than ten dollars ($10) nor more than five hundred dollars ($500).
CREDIT(S)
HISTORY: 1980 c 49, § 12, eff. 7-15-80
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.230
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
438.230 Use of obscene language or proposals on telephone; notice of law on telephone books
Every telephone directory published for distribution to members of the general public shall contain a notice which explains that it is unlawful for any person to make use of telephone facilities or equipment for the purpose of communicating language, suggestions or proposals which are obscene, profane, lewd, lascivious or indecent in a manner reasonably to be expected to annoy, abuse, harass, torment or embarrass another, such notice to be printed in type which is no smaller than the smallest type on the same page, and to be preceded by the word “WARNING”. The provisions of this section shall not apply to directories solely for business advertising purposes, commonly known as classified directories.
CREDIT(S)
HISTORY: 1980 c 49, § 13, eff. 7-15-80
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.240
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
438.240 Abandonment or discard of refrigerator, freezer, icebox or ice chest with door or lid attached; exception
(1)
Whoever abandons or discards in any place accessible to children any
refrigerator, freezer, icebox or ice chest, of a capacity of one and one-half
(1-1/
(2) A refrigerator in use for another purpose shall not be considered as discarded provided it is securely locked to prevent unauthorized entry.
CREDIT(S)
HISTORY: 1988 c 228, § 1, eff. 7-15-88
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.250
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
438.250 Mandatory testing for HIV, hepatitis B and C, tuberculosis, and other diseases for criminal defendants, inmates, and state patients under specified conditions; effect of refusal to be tested; costs
(1) When a public servant, as defined in KRS 521.010, a health care professional who is licensed or certified under the laws of the Commonwealth, an employee of the health care professional, an employee of a health care facility that is licensed under the laws of the Commonwealth, or victim of a crime is bitten by, suffers a puncture wound caused by, or is exposed to the blood or body fluids of a criminal defendant, inmate, parolee, probationer, or patient or resident of any health facility owned or operated by the Commonwealth, or the blood or body fluids of a criminal defendant, inmate, parolee, or probationer have come into contact with the skin or unprotected clothing of a public servant during any incident in which the public servant and the criminal defendant, inmate, parolee, or probationer are involved, the criminal defendant, inmate, parolee, or probationer shall be ordered to submit to testing for human immunodeficiency virus (HIV), hepatitis B and C viruses, and any other disease, if testing for that disease is recommended by the most current guidelines of the Centers for Disease Control and Prevention, and if testing for any of these conditions is recommended, then testing will be conducted as recommended by the Centers for Disease Control and Prevention.
(2) The written results of the testing shall be made available to each public servant, victim of the crime, criminal defendant, inmate, parolee, or probationer coming within the purview of subsection (1). However, the results shall not be public records and shall be disclosed to others only on a need-to-know basis. The victim of the crime shall receive written results as provided in KRS 510.320.
(3) If a criminal defendant, inmate, parolee, or probationer fails or refuses to be tested as ordered, he may be held in criminal contempt. A Circuit or District Judge shall compel the criminal defendant, inmate, parolee, or probationer to undergo the testing required herein if he fails or refuses to do so. Undergoing compulsory testing after a failure or refusal to be tested shall not relieve the criminal defendant, inmate, parolee, or probationer of the liability imposed by this subsection.
(4) The costs of the testing shall be borne by the criminal defendant, inmate, parolee, or probationer unless he is determined unable to pay for the test by a court of competent jurisdiction for criminal defendants and probationers and by the Department of Corrections pursuant to their indigency standards for inmates and parolees, in which case the Commonwealth shall pay for the testing.
(5) The provisions of subsections (1) to (4) of this section shall apply to juveniles falling within any category specified in subsections (1) to (4) of this section as well as to adults.
CREDIT(S)
HISTORY: 2000 c 140, § 1, c 345, § 4, c 400, § 4, c 432, § 11, eff. 7-14-00; 1998 c 606, § 122, eff. 7-15-98; 1994 c 309, § 1, eff. 7-15-94
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.280
Effective: July 15, 2008
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
Personal Emergency Response System Providers
438.280 Definitions for KRS 438.280 to 438.290
As used in KRS 438.280 to 438.290:
(1) “Alarm system” means electronic equipment and devices designed to act as a personal emergency response system;
(2) “Personal emergency response system” means an alarm system that is:
(a) Installed in the residence of a customer;
(b) Monitored by an alarm systems company;
(c) Designed only to permit the customer to signal the occurrence of a medical or personal emergency on the part of the customer so that the personal emergency response system provider may dispatch appropriate aid; and
(d) Not part of a combination of alarm systems that includes a burglar alarm or fire alarm;
(3) “Personal emergency response system provider” means a person who sells, installs, services, monitors, or responds to a personal emergency response system, but shall not include:
(a) A 911 center, public safety answering point, or communications center;
(b) A public or private agency called by the 911 center, public safety answering point, or communications center to render aid or services to the customer who sent the alarm to the personal emergency response system provider; or
(c) Any person on the customer's contact list;
(4) “Customer” means both:
(a) The person in whose residence the personal emergency response system is installed; and
(b) The person with whom a personal emergency response system provider has contracted for the provision of personal emergency response services; and
(5) “Responder” means:
(a) A person, if any, designated by the customer; and
(b) The 911 center, public safety answering point, or communications center in the jurisdiction from which an alarm was received, that is to be called by the personal emergency response system provider in the event the customer requires aid from a responder.
CREDIT(S)
HISTORY: 2008 c 102, § 1, eff. 7-15-08
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.282
Effective: July 15, 2008
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
Personal Emergency Response System Providers
438.282 Provision of services of personal emergency response system provider; prohibited acts
(1) A person shall not act or perform the services of a personal emergency response system provider in violation of KRS 438.284.
(2) A person performing the services of a personal emergency response system provider shall not:
(a) Fail or refuse to promptly make any notification provided by KRS 438.284;
(b) Violate any contract provision required by KRS 438.284; or
(c) Direct, permit, or authorize any employee or agent of the personal emergency response system provider to do any act forbidden or to fail to do any act required by this section or by KRS 438.284.
CREDIT(S)
HISTORY: 2008 c 102, § 2, eff. 7-15-08
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.284
Effective: July 15, 2008
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
Personal Emergency Response System Providers
438.284 New contracts for personal emergency response system services; components; existing contracts
(1) Effective January 1, 2009, all new contracts between a personal emergency response system provider and a customer shall be in accordance with the following:
(a) The customer shall designate in the contract the order in which responders are to be contacted in the event the personal emergency response system provider receives an emergency alarm from the customer;
(b) The customer may designate in the contract that, in response to receiving a customer's alarm, the first and primary contact for the dispatch of aid shall be from the personal emergency response system provider to a 911 center, public safety answering point, or communications center in the jurisdiction from which the alarm was received;
(c) The customer may designate in the contract that if, in response to receiving a customer's alarm, the personal emergency response system provider is not able to solicit a verbal response from the customer, then the personal emergency response system provider shall call the customer's 911 center, public safety answering point, or communications center before contacting the customer's designated responders;
(d) If the customer does not designate in the contract a 911 center, public safety answering point, or communications center as the primary responder, then the customer's 911 center, public safety answering point, or communications center shall become the default secondary responder after the personal emergency response system provider has attempted, without success, to notify all other responders designated by the customer;
(e) The personal emergency response system provider shall provide a disclosure statement to the customer that clearly states that the customer has the option to designate in the contract a 911 center, public safety answering point, or communications center as the primary responder. The customer shall acknowledge that he or she has read the disclosure statement by initialing, signing, or checking a box on the disclosure statement;
(f) If a 911 center, public safety answering point, or communications center is designated as a responder by the customer pursuant to this section, the personal emergency response system provider shall provide that responder with the name of the customer, the location from which the customer's alarm was received, and such other information as may be requested by the 911 center, public safety answering point, or communications center; and
(g) Following any notification to the 911 center, public safety answering point, or communications center, the personal emergency response system provider shall attempt to notify the responders on the customer's calling list in accordance with the voice-to-voice request of the customer or, if no instructions are received from the customer, to the responders specified on the calling list in the order specified by prior written instructions of the customer.
(2) For contracts existing between a personal emergency response system provider and a customer prior to January 1, 2009:
(a) A personal emergency response system provider shall, by January 1, 2009:
1. Mail a notice to each customer giving the customer the option of adding a 911 center, public safety answering point, or communications center as the primary responder as provided in this section; and
2. Provide the customer with a toll-free number by which to contact the personal emergency response system provider in order to establish a modified protocol for the customer; and
(b) If the customer does not contact the personal emergency response system provider to change his or her protocol, the existing protocol shall remain in place between the customer and the personal emergency response system provider.
CREDIT(S)
HISTORY: 2008 c 102, § 3, eff. 7-15-08
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.286
Effective: July 15, 2008
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
Personal Emergency Response System Providers
438.286 Inapplicability of KRS 438.282 and 438.284
KRS 438.282 and 438.284 shall not apply to:
(1) A unit of federal, state, or local government, or special district, or an agency or instrumentality thereof;
(2) A person engaged in the business of electronic monitoring of an individual as a condition of that individual's community supervision, parole, mandatory supervision, pretrial release, or release on bail relating to a judicial proceeding; or
(3) A person not engaged in the business of personal emergency response system provider as defined in KRS 438.280.
CREDIT(S)
HISTORY: 2008 c 102, § 4, eff. 7-15-08
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.288
Effective: July 15, 2008
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
Personal Emergency Response System Providers
438.288 Concurrent jurisdiction for enforcement of KRS 438.280 to 438.290; violation of KRS 367.170
(1) The Attorney General and the county attorney shall have concurrent jurisdiction to enforce KRS 438.280 to 438.290, and may recover the reasonable costs of investigation and litigation.
(2) If an act by a personal emergency response system provider violates KRS 367.170, the Attorney General may take civil action and seek any remedy provided in KRS Chapter 367, including recovery of the reasonable costs of investigation and litigation.
CREDIT(S)
HISTORY: 2008 c 102, § 5, eff. 7-15-08
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.290
Effective: July 15, 2008
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
Personal Emergency Response System Providers
438.290 Penalty for violation of KRS 438.282 or 438.284
Any person who knowingly violates KRS 438.282 or 438.284 shall be liable for a civil penalty of not more than ten thousand dollars ($10,000) per violation.
CREDIT(S)
HISTORY: 2008 c 102, § 6, eff. 7-15-08
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.300
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
Sale and Distribution of Tobacco Products
438.300 Legislative intent
It is the intent of the Legislature that KRS 438.305 to 438.340 shall be enforced in an equitable and uniform manner throughout the Commonwealth. For the purpose of equitable and uniform enforcement, the provisions of KRS 438.305 to 438.340 shall supersede any subsequently enacted local law, ordinance, or regulation which relates to the use, display, sale, or distribution of tobacco products. It is the intent of the Legislature that KRS 438.305 to 438.340 be enforced so as to ensure the eligibility for and receipt of any federal funds or grants that the Commonwealth of Kentucky now receives or may receive relating to the provisions of KRS 438.305 to 438.340.
CREDIT(S)
HISTORY: 1996 c 38, § 1, eff. 3-5-96; 1994 c 480, § 11, eff. 7-15-94
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.305
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
Sale and Distribution of Tobacco Products
438.305 Definitions for KRS 438.305 to 438.340
As used in KRS 438.305 to 438.340, unless the context requires otherwise:
(1) “Manufacturer” means any person who manufactures or produces tobacco products within or without this Commonwealth;
(2) “Nonresident wholesaler” means any person who purchases cigarettes or other tobacco products directly from the manufacturer and maintains a permanent location or locations outside this state at which Kentucky cigarette tax evidence is attached or from which Kentucky cigarette tax is reported and paid;
(3) “Proof of age” means a driver's license or other documentary or written evidence that the individual is eighteen (18) years of age or older;
(4) “Resident wholesaler” means any person who purchases at least seventy-five percent (75%) of all cigarettes or other tobacco products purchased by that person directly from the cigarette manufacturer on which the cigarette tax provided for in KRS 138.130 to 138.205 is unpaid, and who maintains an established place of business in this state at which the person attaches cigarette tax evidence or receives untaxed cigarettes;
(5) “Sample” means a tobacco product distributed to members of the general public at no cost;
(6) “Subjobber” means any person who purchases tobacco products, on which the Kentucky cigarette tax has been paid, from a wholesaler licensed pursuant to KRS 138.195, and makes them available to a retail establishment for resale.
CREDIT(S)
HISTORY: 2000 c 423, § 1, eff. 7-14-00; 1996 c 38, § 2, eff. 3-5-96; 1994 c 480, § 2, eff. 7-15-94
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.310
Effective: July 15, 2010
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
Sale and Distribution of Tobacco Products
438.310 Sale of tobacco products to persons under age 18 prohibited; penalty
(1) No person shall sell or cause to be sold any tobacco product at retail to any person under the age of eighteen (18), or solicit any person under the age of eighteen (18) to purchase any tobacco product at retail.
(2) Any person who sells tobacco products at retail shall cause to be posted in a conspicuous place in his establishment a notice stating that it is illegal to sell tobacco products to persons under age eighteen (18).
(3) Any person selling tobacco products shall require proof of age from a prospective buyer or recipient if the person has reason to believe that the prospective buyer or recipient is under the age of eighteen (18).
(4) A person who violates subsection (1) or (2) of this section shall be subject to a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for a first violation and a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) for any subsequent violation. The fine shall be administered by the Department of Alcoholic Beverage Control using a civil enforcement procedure.
CREDIT(S)
HISTORY: 2010 c 24, § 1925, eff. 7-15-10; 2000 c 423, § 2, eff. 7-14-00; 1996 c 38, § 3, eff. 3-5-96; 1994 c 480, § 9, eff. 7-15-94; 1992 c 164, § 3, eff. 7-14-92; 1990 c 388, § 1
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.311
Effective: July 15, 2010
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
Sale and Distribution of Tobacco Products
438.311 Unlawful acts by minors relating to purchase or receipt of tobacco; penalty; issuance of uniform citation
(1) Except for the provisions of KRS 438.330, it shall be unlawful for a person who has not attained the age of eighteen (18) years to purchase or accept receipt of or to attempt to purchase or accept receipt of a tobacco product, or to present or offer to any person any purported proof of age which is false, fraudulent, or not actually his or her own, for the purpose of purchasing or receiving any tobacco product. It shall not be unlawful for such a person to accept receipt of a tobacco product from a family member, except if the child has been committed to the custody of the state under KRS Chapters 600 to 645, or from an employer when required in the performance of the person's duties.
(2) Violation of this section shall be punishable by a fine of fifty dollars ($50) and twenty (20) hours of community service work for a first offense within a one (1) year period, and a fine of two hundred dollars ($200) and forty (40) hours of community service work for a second or subsequent offense within a one (1) year period.
(3) This offense shall be deemed a status offense and shall be under the jurisdiction of the juvenile session of the District Court.
(4) All peace officers with general law enforcement authority and employees of the Department of Alcoholic Beverage Control may issue a uniform citation, but not make an arrest or take a child into custody, for a violation of this section. If a child fails to appear in court in response to a uniform citation issued pursuant to the section, the court may compel the attendance of the defendant in the manner specified by law.
CREDIT(S)
HISTORY: 2010 c 24, § 1926, eff. 7-15-10; 2006 c 17, § 1, eff. 7-12-06; 2000 c 423, § 3, eff. 7-14-00; 1998 c 477, § 1, eff. 7-15-98; 1996 c 38, § 4, eff. 3-5-96
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.313
Effective: July 15, 2010
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
Sale and Distribution of Tobacco Products
438.313 Distribution of tobacco products to persons under age 18 prohibited; penalty; issuance of uniform citation
(1) No wholesaler, retailer, or manufacturer of cigarettes or tobacco products may distribute cigarettes or tobacco products, including samples thereof, free of charge or otherwise, to any person under the age of eighteen (18).
(2) Any person who distributes cigarettes or tobacco products, including samples thereof, free of charge or otherwise shall require proof of age from a prospective buyer or recipient if the person has reason to believe that the prospective purchaser or recipient is under the age of eighteen (18).
(3) Any person who violates the provisions of this section shall be fined not less than one thousand dollars ($1,000) nor more than two thousand five hundred dollars ($2,500) for each offense. The fine shall be administered by the Department of Alcoholic Beverage Control using a civil enforcement procedure for persons eighteen (18) years of age or older. For persons under the age of eighteen (18) years, the offense shall be deemed a status offense and shall be under the jurisdiction of the juvenile session of the District Court.
(4) All peace officers with general law enforcement authority and employees of the Department of Alcoholic Beverage Control may issue a uniform citation, but may not make an arrest, or take a child into custody, for a violation of this section. If a child fails to appear in court in response to a uniform citation issued pursuant to this section, the court may compel the attendance of the defendant in the manner specified by law.
CREDIT(S)
HISTORY: 2010 c 24, § 1927, eff. 7-15-10; 2000 c 423, § 4, eff. 7-14-00; 1998 c 477, § 2, eff. 7-15-98; 1996 c 38, § 5, eff. 3-5-96; 1994 c 480, § 10, eff. 7-15-94
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.315
Effective: July 15, 2010
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
Sale and Distribution of Tobacco Products
438.315 Sales to or purchases by persons under age 18 from vending machine prohibited; location of vending machine; penalty; issuance of uniform citation
(1) The sale of tobacco products dispensed through a vending machine is prohibited to any person under the age of eighteen (18) years.
(2) The purchase of tobacco products dispensed through a vending machine is prohibited to any person under the age of eighteen (18) years.
(3) Except for vending machines located in factories or vending machines located in bars or taverns to which minors are not permitted access, beginning one (1) year after July 15, 1994, any vending machine from which tobacco products are dispensed shall be located in the line of sight of the cashier for the retail establishment.
(4) Any owner of a retail establishment violating this section shall be subject to a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each violation. The fine shall be administered by the Department of Alcoholic Beverage Control using a civil enforcement procedure for persons eighteen (18) years of age or older. For persons under the age of eighteen (18) years, the offense shall be deemed a status offense and shall be under the jurisdiction of the juvenile session of the District Court.
(5) All peace officers with general law enforcement authority and employees of the Department of Alcoholic Beverage Control may issue a uniform citation, but may not make an arrest, or take a child into custody, for a violation of this section. If a child fails to appear in court in response to a uniform citation issued pursuant to this section, the court may compel the attendance of the defendant in the manner specified by law.
CREDIT(S)
HISTORY: 2010 c 24, § 1928, eff. 7-15-10; 2000 c 423, § 5, eff. 7-14-00; 1998 c 477, § 3, eff. 7-15-98; 1996 c 38, § 6, eff. 3-5-96; 1994 c 480, § 3, eff. 7-15-94
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.317
Effective: July 15, 2010
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
Sale and Distribution of Tobacco Products
438.317 Prohibitions against sale of or making available cigarettes packaged in units of fewer than twenty; penalties
(1) No person shall sell or cause to be sold at retail cigarettes packaged in units of fewer than twenty (20) cigarettes.
(2) No resident wholesaler, nonresident wholesaler, or subjobber shall make available to a retail establishment cigarettes packaged for retail sale in units of less than twenty (20) cigarettes.
(3) Any person violating subsection (1) of this section shall be subject to a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500). Any person violating subsection (2) of this section shall be fined not less than one thousand dollars ($1,000) nor more than two thousand five hundred dollars ($2,500). These penalties shall be enforced by the Department of Alcoholic Beverage Control through civil enforcement procedures.
CREDIT(S)
HISTORY: 2010 c 24, § 1929, eff. 7-15-10; 2000 c 423, § 6, eff. 7-14-00; 1998 c 479, § 1, eff. 7-15-98
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.320
Effective: July 15, 2010
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
Sale and Distribution of Tobacco Products
438.320 Reports by wholesalers, nonresident wholesalers, and subjobbers
Each resident wholesaler, nonresident wholesaler, or subjobber making tobacco products available to a retail establishment for sale or distribution shall report the name and address of the owner of the retail establishment to the Department of Alcoholic Beverage Control in a manner specified by administrative regulations promulgated pursuant to KRS Chapter 13A.
CREDIT(S)
HISTORY: 2010 c 24, § 1930, eff. 7-15-10; 2000 c 423, § 7, eff. 7-14-00; 1994 c 480, § 4, eff. 7-15-94
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.325
Effective: July 15, 2010
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
Sale and Distribution of Tobacco Products
438.325 Notice to employee of prohibitions; penalty
(1) Each owner of a retail establishment selling or distributing tobacco products shall notify each individual employed in the retail establishment as a retail sales clerk that the sale of tobacco products to any person under the age of eighteen (18) years and the purchase of tobacco products by any person under the age of eighteen (18) years are prohibited.
(2) Each owner of a retail establishment selling or distributing tobacco products shall notify each individual employed in the retail establishment as a retail sales clerk that proof of age is required from a prospective buyer or recipient if the person has reason to believe that the prospective purchaser or recipient is under the age of eighteen (18).
(3) The notice to employees that is required in subsection (1) of this section shall be provided before the person commences work as a retail sales clerk, or, in the case of a person employed as a retail sales clerk on July 15, 1994, within thirty (30) days of that date. The employee shall signify receipt of the notice required by this section by signing a form that states as follows:
“I understand that under the law of the Commonwealth of Kentucky it is illegal to sell or distribute tobacco products to persons under the age of eighteen (18) years and that it is illegal for persons under the age of eighteen (18) years to purchase tobacco products.”
(4) The owner of the retail establishment shall maintain the signed notice that is required pursuant to subsection (3) of this section in a place and in a manner so as to be easily accessible to any employee of the Department of Alcoholic Beverage Control or the Department of Agriculture conducting an inspection of the retail establishment for the purpose of monitoring compliance in limiting the sale or distribution of tobacco products to persons under the age of eighteen (18) as provided in KRS 438.305 to 438.340.
(5) Any owner of the retail establishment violating subsections (1) to (4) of this section shall be subject to a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each violation. The fine shall be administered by the Department of Alcoholic Beverage Control in a civil enforcement procedure.
CREDIT(S)
HISTORY: 2010 c 24, § 1931, eff. 7-15-10; 2000 c 423, § 8, eff. 7-14-00; 1996 c 38, § 7, eff. 3-5-96; 1994 c 480, § 5, eff. 7-15-94
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.330
Effective: July 15, 2010
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
Sale and Distribution of Tobacco Products
438.330 Random inspections of retail establishment selling or distributing tobacco products; preparation of federally required annual report
(1) The Department of Alcoholic Beverage Control and the Department of Agriculture shall carry out annually-conducted random, unannounced inspections of retail establishments where tobacco products are sold or distributed for the purpose of enforcing the provisions of KRS 438.305 to 438.340. The inspections shall be conducted to the extent necessary to assure that the Commonwealth remains in compliance with Public Law 102-321 and applicable federal regulations. The Department of Alcoholic Beverage Control and the Department of Agriculture shall also ensure that targeted inspections are conducted at those retail establishments where, and at those times when, persons under the age of eighteen (18) years are most likely to purchase tobacco products. Persons under the age of eighteen (18) years may be used to test compliance with the provisions of KRS 438.305 to 438.340 only if the testing is conducted under the direct supervision of the Department of Alcoholic Beverage Control, sheriff, or chief of police, or their employees, and written parental consent has been obtained. The Department of Alcoholic Beverage Control shall prepare annually, for submission by the Governor to the Secretary of the United States Department of Health and Human Services, the report required by Section 1926 of Subpart 1 of Part B of Title XIX of the Federal Public Health Service Act.
(2) The Department of Alcoholic Beverage Control shall develop and implement the survey sampling methodologies to carry out the inspections as described in this section.
CREDIT(S)
HISTORY: 2010 c 24, § 1932, eff. 7-15-10; 2000 c 423, § 10, eff. 7-14-00; 1994 c 480, § 6, eff. 7-15-94
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.335
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
Sale and Distribution of Tobacco Products
438.335 Enforcement by Department of Agriculture; retention of percentage of per pack revenue and fines
The Department of Agriculture shall carry out the provisions of KRS 438.305 to 438.340 as they relate to educating the public and sellers of tobacco products about provisions and penalties of KRS 438.305 to 438.340. The Department of Agriculture shall be entitled to the revenue produced by one-twentieth of one cent ($0.0005) of the three-cent ($0.03) per pack revenue collected by the Department of Revenue from the state excise tax on the sale of cigarettes as imposed by KRS 138.140 and to keep fifty percent (50%) of any fines collected under KRS 438.305 to 438.340 to offset the costs of these education efforts.
CREDIT(S)
HISTORY: 2005 c 85, § 697, eff. 6-20-05; 2000 c 423, § 11, eff. 7-14-00; 1998 c 477, § 4, eff. 7-15-98; 1996 c 38, § 8, eff. 3-5-96; 1994 c 480, § 7, eff. 7-15-94
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.337
Effective: July 15, 2010
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
Sale and Distribution of Tobacco Products
438.337 Responsibilities of Department of Alcoholic Beverage Control in enforcement of KRS 438.305 to 438.340; disposition of revenue and fines collected under KRS 138.140 and KRS 438.305 to 438.340
(1) Except for violations of the provisions of KRS 438.311, 438.313, and 438.315 by a juvenile, which shall be under the jurisdiction of the juvenile session of the District Court, the Department of Alcoholic Beverage Control shall carry out the enforcement provisions of KRS 438.305 to 438.340.
(2) The Department of Alcoholic Beverage Control shall be entitled to the revenue produced by one-twentieth of one cent ($$0.0005) of the three-cent ($$0.03) per pack revenue collected by the Finance and Administration Cabinet from the state excise tax on the sale of cigarettes as imposed by KRS 138.140 to be deposited in a trust and agency account created in the State Treasury, and to keep fifty percent (50%) of any fines collected under KRS 438.305 to 438.340 to offset the costs of enforcement of KRS 438.305 to 438.340.
(3) The Department of Alcoholic Beverage Control shall be responsible for maintaining statistics for compilation of required reports to be submitted to the United States Department of Health and Human Services.
(4) The Department of Alcoholic Beverage Control shall devise a plan and time frame for enforcement to determine by random inspection if the percentage of retailers or distributors making illegal sales to minors does or does not exceed federal guidelines preventing tobacco sales to minors.
CREDIT(S)
HISTORY: 2010 c 24, § 1933, eff. 7-15-10; 2000 c 423, § 9, eff. 7-14-00
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.340
Effective: July 15, 2010
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
Sale and Distribution of Tobacco Products
438.340 Authority for administrative regulations
The Department of Alcoholic Beverage Control and the Department of Agriculture are authorized to promulgate administrative regulations pursuant to KRS Chapter 13A as necessary to implement and carry out the provisions of KRS 438.305 to 438.340.
CREDIT(S)
HISTORY: 2010 c 24, § 1934, eff. 7-15-10; 2000 c 423, § 12, eff. 7-14-00; 1994 c 480, § 8, eff. 7-15-94
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 438.350
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 438. Offenses Against Public Health and Safety
Sale and Distribution of Tobacco Products
438.350 Prohibition against possession or use of tobacco products by minors; exceptions
(1) No person under the age of eighteen (18) shall possess or use tobacco products.
(2) Any tobacco product found in the possession of a person under the age of eighteen (18) and in plain view of the law enforcement officer shall be confiscated by the law enforcement officer making the charge.
(3) This section shall not apply to persons exempted as provided by KRS 438.311 and 438.330.
CREDIT(S)
HISTORY: 2000 c 160, § 1, eff. 7-14-00
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS T. XL, Ch. 439, Refs & Annos
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.010
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.010 Definitions--Repealed
CREDIT(S)
HISTORY: 1956 c 101, § 34, eff. 5-18-56; 1942 c 208, § 1
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.020
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.020 Circuit courts may postpone judgment and probate defendant--Repealed
CREDIT(S)
HISTORY: 1956 c 101, § 34, eff. 5-18-56; 1942 c 208, § 1; KS 979b-5
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.030
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.030 Probation officer to investigate defendant; supervision of probationers by Division of Probation and Parole--Repealed
CREDIT(S)
HISTORY: 1956 c 101, § 34, eff. 5-18-56; 1954 c 67; 1942 c 96, § 6, 7, c 208, § 1; KS 979b-6
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.040
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.040 Conditions of probation--Repealed
CREDIT(S)
HISTORY: 1956 c 101, § 34, eff. 5-18-56; 1942 c 208, § 1; KS 979b-7
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.050
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.050 Arrest for violation of probation; revocation on commission of subsequent offense--Repealed
CREDIT(S)
HISTORY: 1956 c 101, § 34, eff. 5-18-56; 1942 c 96, § 8, 9, c 208, § 1; KS 979b-8
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.060
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.060 Termination of period of probation--Repealed
CREDIT(S)
HISTORY: 1956 c 101, § 34, eff. 5-18-56; 1942 c 96, § 8, c 208, § 1; KS 979b-8
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.070
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.070 Second-class city police court may suspend sentence--Repealed
CREDIT(S)
HISTORY: 1976 ex s, c 14, § 491, eff. 1-2-78; 1942 c 208, § 1; KS 3171-1
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.080
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.080 Probation officer of second-class city--Repealed
CREDIT(S)
HISTORY: 1970 c 182, § 2, eff. 6-18-70; 1966 c 255, § 274; 1942 c 208, § 1; KS 3171-2
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.090
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.090 Suspension of judgment and release of prisoner prohibited after final judgment--Repealed
CREDIT(S)
HISTORY: 1956 c 101, § 34, eff. 5-18-56; 1942 c 208, § 1; KS 1142b-1, 1142b-2
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.095
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.095 Parole of persons confined in workhouse or penal farm of county containing city of first class--Repealed
CREDIT(S)
HISTORY: 1992 c 445, § 14, eff. 7-14-92; 1976 ex s, c 14, § 445; 1958 c 126, § 41; 1948 c 234
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.100
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.100 Parole of prisoners in penitentiary; parole board; duty of Director of Probation and Parole--Repealed
CREDIT(S)
HISTORY: 1956 c 101, § 34, eff. 5-18-56; 1952 c 181; 1942 c 208, § 1; KS 3828-1
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.105
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.105 Parole by Commissioner of Welfare during period of National Emergency--Repealed
CREDIT(S)
HISTORY: 1948 c 119, § 2, eff. 3-26-48; 1944 c 104; 1942 c 121, § 1, 2
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.106
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.106 Parole by Governor during period of National Emergency--Repealed
CREDIT(S)
HISTORY: 1948 c 119, § 2, eff. 3-26-48; 1944 c 169
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.110
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.110 Length of time prisoner to serve before parole--Repealed
CREDIT(S)
HISTORY: 1962 c 168, § 7, eff. 6-14-62; 1948 c 119, § 1; 1942 c 208, § 1; KS 3828-2
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.115
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.115 Minimum time before parole under sentences aggregating fifteen years or less--Repealed
CREDIT(S)
HISTORY: 1963 2nd ex s, c 4, § 9, eff. 10-1-63; 1962 c 168, § 1
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.120
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.120 Rules for prisoners; recommendation for parole; conditions of; things to be supplied to parolee--Repealed
CREDIT(S)
HISTORY: 1956 c 101, § 34, eff. 5-18-56; 1942 c 208, § 1; KS 3828-2
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.125
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.125 Minimum time before parole under sentences aggregating fifteen to twenty-one years--Repealed
CREDIT(S)
HISTORY: 1963 2nd ex s, c 4, § 9, eff. 10-1-63; 1962 c 168, § 2
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.130
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.130 Employment agents--Repealed
CREDIT(S)
HISTORY: 1956 c 101, § 34, eff. 5-18-56; 1942 c 208, § 1; KS 3828-8
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.135
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.135 Minimum time for parole under life sentences--Repealed
CREDIT(S)
HISTORY: 1963 2nd ex s, c 4, § 9, eff. 10-1-63; 1962 c 168, § 3
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.140
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.140 Discharge of parolee--Repealed
CREDIT(S)
HISTORY: 1956 c 101, § 34, eff. 5-18-56; 1942 c 208, § 1; KS 3828-6
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.145
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.145 Aggregation of sentences--Repealed
CREDIT(S)
HISTORY: 1963 2nd ex s, c 4, § 9, eff. 10-1-63; 1962 c 168, § 4
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.150
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.150 Department has control and custody of parolees; final discharge--Repealed
CREDIT(S)
HISTORY: 1956 c 101, § 34, eff. 5-18-56; 1954 c 66; 1942 c 208, § 1; KS 3828-7
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.155
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.155 Eligibility of prisoner sentenced for crime committed while confined or escaped--Repealed
CREDIT(S)
HISTORY: 1963 2nd ex s, c 4, § 9, eff. 10-1-63; 1962 c 168, § 5
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.160
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.160 Duty of parolee to report to department--Repealed
CREDIT(S)
HISTORY: 1956 c 101, § 34, eff. 5-18-56; 1942 c 96, § 10, 11, c 208, § 1; KS 3828-3
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.165
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.165 Provisions of KRS 439.115 to 439.165 apply in all cases--Repealed
CREDIT(S)
HISTORY: 1963 2nd ex s, c 4, § 9, eff. 10-1-63; 1962 c 168, § 6
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.170
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.170 Parolee need not wear prison identification--Repealed
CREDIT(S)
HISTORY: 1956 c 101, § 34, eff. 5-18-56; 1942 c 208, § 1; KS 3828-4
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.175
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.175 Parole in misdemeanor cases--Repealed
CREDIT(S)
HISTORY: 1976 ex s, c 14, § 491, eff. 1-2-78; 1962 c 175, § 1, 2
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.177
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.177 Parole privileges for certain misdemeanants; duties of sentencing judge
(1) Any misdemeanant may petition the sentencing court for parole privileges.
(2) The sentencing judge shall study the record of all persons petitioning for parole and, in his discretion, may:
(a) Cause additional background or character information to be collected or reduced to writing by the Department of Corrections;
(b) Conduct hearings on the desirability of granting parole;
(c) Impose on the parolee the conditions he sees fit;
(d) Order the granting of parole;
(e) Issue warrants for persons when there is reason to believe they have violated the conditions of their parole and conduct hearings on such matters;
(f) Determine the period of supervision for parolees, which period may be subject to extension or reduction;
(g) Grant final discharge to parolees.
(3) The sentencing judge shall keep a record of his acts, and shall notify the appropriate jail official of his decision relating to the persons who are or have been confined therein.
(4) When an order for parole is issued, it shall recite the conditions thereof, and such orders shall be transmitted to the Department of Corrections.
(5) The period of time spent on parole shall not count as a part of the prisoner's maximum sentence except in determining the parolee's eligibility for a final discharge from parole as set out in subsection (7).
(6) Paroled prisoners shall be under the supervision of the department and subject to its decision for the duration of parole. Supervision of the parolee by the Department of Corrections shall cease at the time of recommitment of the prisoner to the jail as a parole violator, or at the time a final discharge from parole is granted by the sentencing judge.
(7) When any paroled prisoner has performed the obligations of his parole during his period of active parole supervision, the sentencing judge may, at the termination of a period to be determined by the sentencing judge, issue a final discharge from parole to the prisoner. Unless ordered earlier by the sentencing judge, a final discharge shall be issued when the prisoner has been out of jail on parole a sufficient period of time to have been eligible for discharge from jail by maximum expiration of sentence had he not been paroled, if before this date he had not absconded from parole supervision or that a warrant for parole violation had not been issued.
(8) The prisoner convicted of a misdemeanor and released on parole under the provisions of this statute shall be subject to all reasonable Department of Corrections regulations.
CREDIT(S)
HISTORY: 1992 c 211, § 88, eff. 7-14-92; 1982 c 344, § 35; 1978 c 200, § 9; 1976 ex s, c 14, § 446; 1972 c 294, § 1
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.179
Effective: July 12, 2006
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.179 Release of misdemeanants; purposes for which permitted; earnings of prisoner, records, and disposition; authority of District Judge, jailer
(1) Any person sentenced to a jail for a misdemeanor, nonpayment of a fine or forfeiture, or contempt of court, may be granted the privilege of leaving the jail during necessary and reasonable hours for any of the following purposes:
(a) Seeking employment; or
(b) Working at his employment; or
(c) Conducting his own business or other self-employment occupation including, in the case of a woman, housekeeping and attending the needs of her family; or
(d) Attendance at an educational institution; or
(e) Medical treatment.
(2) Unless the privilege is expressly granted by the court, the prisoner shall be sentenced to ordinary confinement. The prisoner may petition the sentencing court for the privilege at the time of sentence or thereafter, and, in the discretion of the sentencing court, may renew his petition. The sentencing court may withdraw the privilege at any time by order entered with or without notice. The jailer shall advise the court in establishing criteria in determining a prisoner's eligibility for work release.
(3) The jailer shall notify the Office for Employment and Training, Department for Workforce Investment, which shall endeavor to secure employment for unemployed prisoners under this section. If a prisoner is employed for wages or salary, they shall, by wage assignment, be turned over to the District Court which shall deposit the same in a trust checking account and shall keep a ledger showing the status of the account of each prisoner. The wages or salary shall not be subject to garnishment of either the employer or the District Court during the prisoner's term, and shall be disbursed only as provided in this section. For tax purposes they shall be the income of the prisoner.
(4) Every prisoner gainfully employed shall be liable for the cost of his board in the jail, for an amount up to twenty-five percent (25%) of the prisoner's gross daily wages, not to exceed forty dollars ($40) per day, but not less than twelve dollars ($12) per day, established by the fiscal court of a county or the urban-county council if an urban-county government. If he defaults, his privilege under this section shall be automatically forfeited. All moneys shall be paid directly to the jailer and paid to the county treasury for use on the jail as provided in KRS 441.206. The fiscal court of a county or the urban-county council if an urban-county government may, by ordinance, provide that the county furnish or pay for the transportation of prisoners employed under this section to and from the place of employment and require that the costs be repaid by the prisoner.
(5) The sentencing court may order the defendant's employer to deduct from the defendant's wages or salary payments for the following purposes:
(a) The board of the prisoner and transportation costs incurred by the county;
(b) Support of the prisoner's dependents, if any;
(c) Payment, either in full or ratably, of the prisoner's obligations acknowledged by him in writing or which have been reduced to judgment; and
(d) The balance, if any, to the prisoner upon his discharge.
(6) The sentencing court shall not direct that any payment authorized under this section be paid through the circuit clerk.
(7) The Department of Corrections shall, at the request of the District Judge, investigate and report on the amount necessary for the support of the prisoner's dependents, and periodically review the prisoner's progress while on leave from the jail and report its findings to the District Judge.
(8) The jailer may refuse to permit the prisoner to exercise his privilege to leave the jail as provided in subsection (1) for any breach of discipline or other violation of jail regulations for a period not to exceed five (5) days.
(9) In counties containing an urban-county form of government, the duties, responsibilities, and obligations vested herein in the Department of Corrections shall be performed by the adult misdemeanant probation and work release agency of the urban-county government.
CREDIT(S)
HISTORY: 2006 c 211, § 165, eff. 7-12-06; 2002 c 183, § 26, eff. 8-1-02; 1996 c 271, § 27, c 45, § 3, eff. 7-15-96; 1992 c 368, § 1, c 211, § 89, eff. 7-14-92; 1982 c 344, § 36, c 385, § 37; 1980 c 188, § 300; 1978 c 200, § 10; 1976 ex s, c 14, § 447; 1974 c 74, Art VI, § 106; 1972 c 295, § 1
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.180
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.180 Department to investigate breaches of parole; may summon witnesses--Repealed
CREDIT(S)
HISTORY: 1956 c 101, § 34, eff. 5-18-56; 1942 c 208, § 1; KS 3828-5
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.190
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.190 Reimprisonment of parolee--Repealed
CREDIT(S)
HISTORY: 1956 c 101, § 34, eff. 5-18-56; 1942 c 208, § 1; KS 3828-1, 3828-6
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.200
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.200 Probation and parole officers--Repealed
CREDIT(S)
HISTORY: 1956 c 101, § 34, eff. 5-18-56; 1948 c 119, § 3; 1942 c 208, § 1; KS 979b-9, 979b-10, 979b-13
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.210
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.210 Functions of probation and parole officers--Repealed
CREDIT(S)
HISTORY: 1956 c 101, § 34, eff. 5-18-56; 1942 c 208, § 1; KS 979b-11
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.220
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.220 Information obtained by officers privileged--Repealed
CREDIT(S)
HISTORY: 1956 c 101, § 34, eff. 5-18-56; 1942 c 208, § 1; KS 979b-12
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.230
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.230 Functions of department respecting probation and parole--Repealed
CREDIT(S)
HISTORY: 1956 c 101, § 34, eff. 5-18-56; 1942 c 208, § 1; KS 979b-9
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.240
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.240 Compact with other states for out-of-state parolee supervision--Repealed
CREDIT(S)
HISTORY: 1956 c 101, § 34, eff. 5-18-56; 1948 c 218
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.250
Effective: June 8, 2011
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.250 Definitions for KRS 439.250 to 439.560
As used in KRS 439.250 to 439.560, unless the context requires otherwise:
(1) “Secretary” means the secretary of the Justice and Public Safety Cabinet;
(2) “Commissioner” means the commissioner of the Department of Corrections;
(3) “Department” means the Department of Corrections;
(4) “Deputy commissioner” means the deputy commissioner of the Office of Adult Institutions or the deputy commissioner of the Office of Community Services and Facilities of the Department of Corrections;
(5) “Board” means the Parole Board created by KRS 439. 320;
(6) “Community supervision” means:
(a) The placement of a defendant under supervision with conditions imposed by a court for a specified period during which:
1. Criminal proceedings are deferred without an adjudication of guilt; or
2. A sentence of imprisonment or confinement, imprisonment and fine, or confinement and fine, is probated and the imposition of sentence is suspended in whole or in part; or
(b) The placement of an individual under supervision after release from prison or jail, with conditions imposed by the board for a specified period;
(7) “Compliance credit” means a credit on a paroled individual's sentence for program credit, work-for-time credit, educational accomplishment, or meritorious service and shall be calculated pursuant to the applicable provisions in KRS 197.045 and 197.047;
(8) “Positive reinforcement” means any of a wide range of rewards and incentives, including but not limited to awarding certificates of achievement, reducing reporting requirements, deferring a monthly supervision fee payment, removing supervision conditions such as home detention or curfew, or asking the supervised individual to be a mentor to others;
(9) “Probation and parole district supervisor” means the highest ranking field probation or parole administrator in each district; and
(10) “Supervised individual” means an individual placed on probation by a court or serving a period of parole or post-release supervision from prison or jail.
CREDIT(S)
HISTORY: 2011 c 2, § 29, eff. 6-8-11; 2007 c 85, § 318, eff. 6-26-07; 1992 c 211, § 90, eff. 7-14-92; 1982 c 344, § 37; 1974 c 74, Art V, § 28; 1966 c 255, § 275; 1962 c 106, Art X, § 10; 1958 c 126, § 42; 1956 c 101, § 1
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.260
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.260 Circuit courts may postpone judgment and probate defendant; supervision of defendant--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1962 c 234, § 47; 1956 c 101, § 2
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.265
Effective: July 12, 2006
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.265 Shock probation in felony conviction; procedure; nonavailability for violent offenders and sexual offenders; comprehensive sex offender presentence evaluation; exercise of authority
(1) Subject to the provisions of KRS Chapter 439 and Chapters 500 to 534, any Circuit Court may, upon motion of the defendant made not earlier than thirty (30) days nor later than one hundred eighty (180) days after the defendant has been incarcerated in a county jail following his conviction and sentencing pending delivery to the institution to which he has been sentenced, or delivered to the keeper of the institution to which he has been sentenced, suspend the further execution of the sentence and place the defendant on probation upon terms the court determines. Time spent on any form of release following conviction shall not count toward time required under this section.
(2) The court shall consider any motion filed in accordance with subsection (1) of this section within sixty (60) days of the filing date of that motion, and shall enter its ruling within ten (10) days after considering the motion. The defendant may, in the discretion of the trial court, have the right to a hearing on any motion he may file, or have filed for him, that would suspend further execution of sentence. Any court order granting or denying a motion to suspend further execution of sentence is not reviewable.
(3) (a) During the period in which the defendant may file a motion pursuant to this statute, the sentencing judge, within his or her discretion, may order that the defendant be held in a local detention facility that is not at or above maximum capacity until such time as the court rules on said motion. During this period of detention, and prior to the court's ruling on said motion, the court may require the defendant to participate in any approved community work program or other forms of work release. Persons held in the county jail pursuant to this subsection shall not be subject to transfer to a state correctional facility until the decision is made not to place the petitioner on shock probation.
(b) The provisions concerning community work programs or other forms of work release shall apply only to persons convicted of Class C or Class D felonies, and may be granted only after a hearing at which the Commonwealth's attorney has the opportunity to present arguments in favor or opposition thereto.
(4) If the defendant is a violent offender as defined in KRS 439.3401, the sentence shall not be probated under this section.
(5) If the defendant has been convicted of an offense under KRS 510.050, 510.080, 530.020, 530.064(1)(a), or 531.310, or criminal attempt to commit any of these offenses under KRS 506.010, the sentence shall not be suspended, in accordance with KRS 532.045.
(6) When a defendant has been convicted of a sex crime, as defined in KRS 17.500, the court shall order a comprehensive sex offender presentence evaluation, unless one has been provided within the past six (6) months, in which case the court may order an update of the comprehensive sex offender presentence evaluation of the defendant conducted by the sex offender treatment program operated or approved by the Department of Corrections or the Sex Offender Risk Assessment Advisory Board. 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 whether to suspend the sentence. If the court suspends the sentence and places the defendant on probation, the provisions of KRS 532.045(3) to (7) shall apply.
(7) The authority granted in this section shall be exercised by the judge who imposed sentence on the defendant, unless he is unable to act and it appears that his inability to act should continue beyond the expiration of the term of the court. In such case, the judge who imposed sentence shall assign a judge to dispose of a motion filed under this section, or as prescribed by the rules and practices concerning the responsibility for disposition of criminal matters.
(8) The provisions of this section shall not apply where a sentence of death has been imposed.
CREDIT(S)
HISTORY: 2006 c 182, § 28, eff. 7-12-06; 2000 c 401, § 33, eff. 4-11-00; 2000 c 401, § 2, eff. 7-14-00; 1994 c 94, § 1, eff. 7-15-94; 1992 c 463, § 63, eff. 7-14-92; 1990 c 497, § 13; 1984 c 26, § 1; 1982 c 153, § 2; 1976 ex s, c 14, § 448, c 15, § 7; 1974 c 406, § 329; 1972 c 169, § 1
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.267
Effective: July 12, 2012
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.267 Shock probation in misdemeanor convictions; procedure; exercise of authority; availability for sexual offenders
(1) Subject to the provisions of KRS Chapter 439 and Chapters 500 to 534, any District Court, or any Circuit Court with respect to a defendant convicted in Circuit Court of a misdemeanor, may, upon motion of the defendant made not earlier than thirty (30) days after the defendant has been delivered to the keeper of the institution to which he has been sentenced, suspend the further execution of the sentence and place the defendant on probation upon terms as the court determines.
(2) The court shall consider any motion filed in accordance with subsection (1) of this section within sixty (60) days of the filing date of that motion, and shall enter its ruling within ten (10) days after considering the motion. The defendant may, in the discretion of the trial court, have the right to a hearing on any motion he may file, or have filed for him, that would suspend further execution of sentence. Any court order granting or denying a motion to suspend further execution of sentence is not reviewable.
(3) The authority granted in this section shall be exercised by the judge who imposed sentence on the defendant, unless he is unable to act and it appears that his inability to act should continue beyond the expiration of the term of the court. In this case, the judge who imposed sentence shall assign a judge to dispose of a motion filed under this section, or as prescribed by the rules and practices concerning the responsibility for disposition of criminal matters.
(4) If the defendant has been convicted of a misdemeanor offense under KRS Chapter 510, or criminal attempt to commit any of these offenses under KRS 506.010, prior to considering the motion to suspend the sentence, the court may, for a misdemeanor offense specified herein, and shall, for any felony offense specified in this subsection order an evaluation of the defendant to be conducted by the sex offender treatment program operated or approved by the Department of Corrections or the Department for Behavioral Health, Developmental and Intellectual Disabilities. The 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 whether to suspend the sentence. If the court suspends the sentence and places the defendant on probation, the provisions of KRS 532.045(3) to (7) shall apply.
CREDIT(S)
HISTORY: 2012 c 146, § 117, c 158, § 75, eff. 7-12-12; 1994 c 94, § 2, eff. 7-15-94; 1982 c 153, § 1, eff. 7-15-82
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.270
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.270 Period of probation--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1956 c 101, § 3
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.280
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.280 Investigation by probation officer--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1956 c 101, § 4
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.290
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.290 Conditions of probation--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1956 c 101, § 5
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.300
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.300 Arrest of probationer; revocation of probation; when--Repealed
CREDIT(S)
HISTORY: 1974 c 406, § 336, eff. 1-1-75; 1956 c 101, § 6
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.302
Effective: June 26, 2007
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.302 Commission on Correction and Community Service; appointment; terms; expenses--Repealed
CREDIT(S)
HISTORY: 2007 c 85, § 334, eff. 6-26-07; 2000 c 456, § 1, eff. 7-14-00; 1994 c 227, § 10, eff. 7-15-94; 1992 c 211, § 91, eff. 7-14-92; 1984 c 401, § 4; 1982 c 344, § 38; 1978 c 155, § 158, c 154, § 41; 1976 c 179, § 1; 1974 c 74, Art V, § 29; 1963 2nd ex s, c 4, § 1
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.304
Effective: June 26, 2007
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.304 Meetings, powers, and duties of commission--Repealed
CREDIT(S)
HISTORY: 2007 c 85, § 334, eff. 6-26-07; 1994 c 179, § 1, eff. 4-4-94; 1994 c 418, § 10, eff. 7-15-94; 1992 c 211, § 92, eff. 7-14-92; 1982 c 344, § 39; 1976 c 179, § 2; 1963 2nd ex s, c 4, § 2
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.306
Effective: June 26, 2007
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.306 Authority of commission and members--Repealed
CREDIT(S)
HISTORY: 2007 c 85, § 334, eff. 6-26-07; 1992 c 211, § 93, eff. 7-14-92; 1982 c 344, § 40; 1963 2nd ex s, c 4, § 3
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.310
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.310 Administration of probation and parole laws
The commissioner, with the approval of the secretary and the Governor, shall appoint a person charged with the administration of probation and parole laws, who, with the approval of the commissioner, shall appoint a number of probation and parole officers and other employees sufficient to administer the provisions of KRS 439.250 to 439.560; but no employee shall be appointed except in the manner hereinafter provided. The person charged with the administration of probation and parole laws shall have attained at least a bachelor's degree from an accredited college, and, in addition, shall be a person with training and experience in probation, parole or other related form of welfare work.
CREDIT(S)
HISTORY: 1992 c 211, § 94, eff. 7-14-92; 1982 c 344, § 41; 1980 c 208, § 1; 1974 c 74, Art V, § 26; 1956 c 101, § 7
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.3101
Effective: June 8, 2011
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.3101 Administrative regulations requiring supervision and treatment in accordance with evidence-based practices
(1) The department shall promulgate administrative regulations that require the supervision and treatment of supervised individuals in accordance with evidence-based practices.
(2) The administrative regulations shall, at a minimum, include:
(a) The administration of a validated risk and needs assessment on all supervised individuals at regular intervals to determine their criminal risk factors and to identify intervention targets;
(b) Use of assessment scores and other objective criteria throughout the period of community supervision to determine the risk level and program needs of each supervised individual;
(c) Caseload size guidelines that are based on supervised individuals' risk levels and take into account department resources and employee workload and prioritization of supervision and program resources for supervised individuals who are at higher risk to reoffend;
(d) Definitions of various risk levels to apply to supervised individuals during the period of community supervision;
(e) Development of a case plan for each individual who is assessed to be moderate-to-high risk based on the risk and needs assessment, that targets the criminal risk factors identified in the assessment, is responsive to individual characteristics, and provides supervision of offenders according to that case plan;
(f) Implementation of swift, certain, proportionate, and graduated sanctions that a probation and parole officer shall apply in response to a supervised individual's noncompliant behaviors; and
(g) Establishment of protocols and standards that assess the degree to which policies, procedures, programs, interventions, and practices relating to offender recidivism reduction, whether utilized by the department or contract or referral agencies, are evidence-based.
CREDIT(S)
HISTORY: 2011 c 2, § 51, eff. 6-8-11
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.3102
Effective: June 8, 2011
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.3102 Training and professional development for department personnel concerning implementation of evidence-based practices
(1) The department shall provide its employees with intensive initial and on-going training and professional development services to support the implementation of evidence-based practices.
(2) The training and professional development services shall include assessment techniques, case planning, risk reduction and intervention strategies, effective communication skills, cognitive-behavioral treatment, substance abuse, and other topics identified by the department or its employees.
CREDIT(S)
HISTORY: 2011 c 2, § 52, eff. 6-8-11
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.3103
Effective: June 8, 2011
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.3103 Annual report on efforts to implement evidence-based practices to reduce recidivism
(1) By December 1 of each year, beginning in 2012, the department shall submit to the Governor, the General Assembly, and the Chief Justice a comprehensive report on its efforts to implement evidence-based practices to reduce recidivism. The report shall include at a minimum:
(a) The percentage of supervised individuals being supervised in accordance with evidence-based practices;
(b) The percentage of state moneys expended by the department for programs that are evidence based, and a list of all programs with identification of which are evidence based;
(c) Specification of supervision policies, procedures, programs, and practices that were created, modified, or eliminated; and
(d) The department's recommendations for resource allocation, and any additional collaboration with other state, regional, or local public agencies, private entities, or faith-based and community organizations.
(2) The department shall make the full report and an executive summary available to the general public on its Web site.
CREDIT(S)
HISTORY: 2011 c 2, § 53, eff. 6-8-11
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.3104
Effective: June 8, 2011
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.3104 Duties of department concerning risk and needs assessment instrument
The department shall:
(1) Conduct an initial administration of a validated risk and needs assessment instrument on an individual upon intake to community supervision, unless an initial assessment has been previously conducted within a reasonable time period as specified in department regulations;
(2) While the individual is on community supervision, readminister the risk and needs assessment at regular intervals as determined by administrative regulations promulgated pursuant to KRS 439.3101;
(3) Apply the results of the risk and needs assessment to:
(a) Establish an appropriate level of supervision;
(b) Determine the content of a case plan that addresses the supervised individual's criminal needs; and
(c) Respond to compliant and noncompliant behavior; and
(4) Promulgate administrative regulations to determine appropriate levels of supervision, guidelines for case planning, and guidelines for responses to specified behavior by supervised individuals.
CREDIT(S)
HISTORY: 2011 c 2, § 54, eff. 6-8-11
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.3105
Effective: June 8, 2011
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.3105 Administrative caseload supervision program for supervised offenders; administrative regulations
(1) The department shall promulgate administrative regulations in accordance with the provisions of this section to establish an administrative caseload supervision program for supervised individuals whose results from a risk and needs assessment indicate that they are low-risk offenders.
(2) The administrative caseload supervision program shall consist of monitoring supervised individuals to ensure that they have not engaged in new criminal activity and are fulfilling financial obligations to the court.
(3) If a supervised individual on administrative caseload supervision:
(a) Does not fulfill his or her restitution or other financial obligations to the court, he or she may be placed on a higher level of supervision at the discretion of the department; or
(b) Engages in criminal activity, he or she may be prosecuted, revoked, or placed on a higher level of supervision; or
(c) Exhibits signs or symptoms of a substance abuse disorder, he or she may be assessed by the Administrative Office of the Courts drug court personnel for consideration of admission into drug court.
(4) A supervised individual on a higher level of supervision who demonstrates a reduction in criminal risk factors upon reassessment and who has achieved the goals established in his or her case plan may be placed on administrative caseload supervision at the discretion of the department.
(5) A supervised individual on a higher level of supervision shall presumptively be placed on administrative supervision if he or she has:
(a) Completed twelve (12) months of community supervision;
(b) Not violated the terms of his or her community supervision in the previous twelve (12) months;
(c) Fulfilled all restitution and other financial obligations to the court;
(d) Demonstrated a reduction in criminal risk factors upon reassessment; and
(e) Achieved the goals established in his or her case plan.
(6) If the conditions or level of community supervision of a probationer are modified under this section, the probation and parole officer shall file a copy of the modified conditions or level with the sentencing court.
(7) The department may establish by administrative regulation conditions for overriding presumptive administrative supervision.
CREDIT(S)
HISTORY: 2011 c 2, § 58, eff. 6-8-11
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.3106
Effective: June 8, 2011
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.3106 Sanctions supervised individuals are subject to
Supervised individuals shall be subject to:
(1) Violation revocation proceedings and possible incarceration for failure to comply with the conditions of supervision when such failure constitutes a significant risk to prior victims of the supervised individual or the community at large, and cannot be appropriately managed in the community; or
(2) Sanctions other than revocation and incarceration as appropriate to the severity of the violation behavior, the risk of future criminal behavior by the offender, and the need for, and availability of, interventions which may assist the offender to remain compliant and crime-free in the community.
CREDIT(S)
HISTORY: 2011 c 2, § 59, eff. 6-8-11
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.3107
Effective: June 8, 2011
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.3107 System of graduated sanctions for violations of conditions of community supervision; administrative regulations
(1) The department shall, by January 1, 2012, adopt a system of graduated sanctions for violations of conditions of community supervision. Notwithstanding KRS Chapter 533, the system shall set forth a menu of presumptive sanctions for the most common types of supervision violations, including but not limited to: failure to report; failure to pay fines, fees, and victim restitution; failure to participate in a required program or service; failure to complete community service; violation of a protective or no contact order; and failure to refrain from the use of alcohol or controlled substances. The system of sanctions shall take into account factors such as the severity of the current violation, the supervised individual's previous criminal record, the number and severity of any previous supervision violations, the supervised individual's assessed risk level, and the extent to which graduated sanctions were imposed for previous violations. The system also shall define positive reinforcements that supervised individuals may receive for compliance with conditions of supervision.
(2) The department shall establish by administrative regulation an administrative process to review and approve or reject, prior to imposition, graduated sanctions that deviate from those prescribed.
(3) The department shall establish by administrative regulation an administrative process to review graduated sanctions contested by supervised individuals under KRS 439.3108.
CREDIT(S)
HISTORY: 2011 c 2, § 60, eff. 6-8-11
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.3108
Effective: June 8, 2011
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.3108 Modification of conditions of community supervision; imposition of graduated sanctions
(1) Notwithstanding any administrative regulation or law to the contrary, including KRS 439.340(3)(b), the department or board may:
(a) Modify the conditions of community supervision for the limited purpose of imposing graduated sanctions; and
(b) Place a supervised individual who violates the conditions of community supervision in a state or local correctional or detention facility or residential center for a period of not more than ten (10) days consecutively, and not more than thirty (30) days in any one (1) calendar year. The department shall reimburse the local correctional or detention facility or residential center for the costs of incarcerating a person confined under this paragraph at the rate specified in KRS 532.100.
(2) A probation and parole officer intending to modify the conditions of community supervision by imposing a graduated sanction shall issue to the supervised individual a notice of the intended sanction. The notice shall inform the supervised individual of the technical violation or violations alleged, the date or dates of the violation or violations, and the graduated sanction to be imposed.
(3) The imposition of a graduated sanction or sanctions by a probation and parole officer shall comport with the system of graduated sanctions adopted by the department under KRS 439.3107. Upon receipt of the notice, the supervised individual shall immediately accept or object to the sanction or sanctions proposed by the officer. The failure of the supervised individual to comply with a sanction shall constitute a violation of community supervision.
(4) If the supervised individual objects to the imposition of the sanction or sanctions, then:
(a) If the supervised individual is serving a period of parole or post-release supervision from prison or jail, then the administrative process promulgated under KRS 439.3107(3) shall apply; or
(b) If the supervised individual is on probation, then the provisions of KRS 533.050 shall apply.
(5) If the graduated sanction involves confinement in a correctional or detention facility, confinement shall be approved by the probation and parole district supervisor, but the supervised individual may be taken into custody for up to four (4) hours while such approval is obtained. If the supervised individual is employed, the probation and parole officer shall, to the extent feasible, impose this sanction on weekend days or other days and times when the supervised individual is not working.
(6) A sanction that confines a supervised individual in a correctional or detention facility for a period of more than ten (10) consecutive days, or extends the term of community supervision, shall not be imposed as a graduated sanction, except pursuant to an order of the court or the board.
(7) Upon successful completion of a graduated sanction or sanctions, a court may not revoke the term of community supervision or impose additional sanctions for the same violation.
(8) If a probation and parole officer modifies the conditions of community supervision by imposing a graduated sanction, the officer shall:
(a) Deliver a copy of the modified conditions to the supervised individual;
(b) File a copy of the modified conditions with the sentencing court or releasing authority; and
(c) Note the date of delivery of the copy in the supervised individual's file or case management system.
CREDIT(S)
HISTORY: 2011 c 2, § 62, eff. 6-8-11
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.3109
Effective: June 8, 2011
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.3109 Quarterly review of recommended confinement sanctions
The probation and parole district supervisor shall review confinement sanctions recommended by probation and parole officers on a quarterly basis to assess any disparities that may exist among officers, evaluate the effectiveness of the sanction as measured by the supervised individuals' subsequent conduct, and monitor the impact on the department's number and type of revocations for violations of the conditions of supervision.
CREDIT(S)
HISTORY: 2011 c 2, § 63, eff. 6-8-11
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.315
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.315 Payment of fee by released person; amount; waiver of payment; applicable to persons released by county containing a city of the first class or urban-county government
(1) A person placed by a releasing authority on probation, parole, or other form of release subject to supervision by the Department of Corrections and all persons supervised pursuant to KRS 439.560 shall pay a fee to offset the costs of supervising the probation, parole, or other supervised release.
(2) The fees shall be as follows:
(a) For a felony, not less than ten dollars ($10) per month while on active supervision nor more than two thousand five hundred dollars ($2,500) per year.
(b) For a misdemeanor, not less than ten dollars ($10) per month while on active supervision nor more than five hundred dollars ($500) per year, except as provided in subsection (13) of this section.
(3) The releasing authority shall order the fee paid in a lump sum or installments. If the fee is to be paid in a lump sum, the person shall not be released from custody until the fee is paid in full.
(4) Upon the failure of a person to pay an installment on a fee set forth in a release agreement, the releasing authority shall hold a hearing to determine why the installment has not been paid. Failure without good cause to pay an installment pursuant to a release agreement shall be grounds for the revocation of probation, parole, conditional release, or other form of release upon which the person has been released as provided in KRS 533.050.
(5) The releasing authority shall hold a hearing to determine the ability of the defendant to make the payments; and in making this determination, the releasing authority shall take into account the amount of any fine imposed upon the defendant and any amount the defendant has been ordered to pay in restitution. In counties containing a city of the first class or an urban-county form of government, the releasing authority may waive the payment of the fee in whole or in part for defendants placed under the supervision of the adult misdemeanant probation and work release program, if it finds that any of the factors in subsection (6) of this section exist.
(6) The releasing authority shall not waive any fee unless the commissioner of the Department of Corrections or his designee petitions the releasing authority in written form for the waiver. The Department of Corrections shall not petition unless:
(a) The offender is a student in a school, college, university, or course of vocational or technical training designed to fit the student for gainful employment. Certification of student status shall be supplied to the releasing authority by the educational institution in which the offender is enrolled. In such case, the fee may be postponed until completion of education but shall be paid thereafter.
(b) The offender has an employment disability, as determined by a physical, psychological, or psychiatric examination acceptable to, or ordered by, the releasing authority.
(7) At any time during the pendency of the judgment or order rendered according to the terms of this section, a defendant may petition the releasing authority to modify or vacate its previous judgment or order on the grounds of change of circumstances with regard to the defendant's ability to pay the fee. The releasing authority shall advise the defendant of this right at the time of the rendering of the judgment or order placing the defendant on probation, parole, or other supervised release.
(8) All sums paid by the defendant pursuant to this section shall be paid into the general fund, except as provided in subsection (13) of this section.
(9) When granting a release of any defendant by way of probation, parole, or otherwise, the releasing authority shall make the payment of this fee a condition of release, unless the fee has been waived, reduced, or delayed as provided in this section. Nonpayment shall be grounds for revocation of the release as provided in KRS 533.050.
(10) The releasing authority, if the Department of Corrections petitions the releasing authority to modify the fee, shall consider the petition and may waive the payment of the fee in whole or in part, delay payment of the fee, increase the fee, or deny the petition.
(11) All fees fixed under the provisions of this section shall be collected by the circuit clerk of the county where the defendant is supervised, except as provided in subsection (13) of this section.
(12) The Department of Corrections and the Division of Probation and Parole shall, for each person released under its supervision, keep an account of all payments made and report delinquencies to the releasing authority.
(13) In a city, county, consolidated local government, charter county, or an urban-county government, persons placed by a releasing authority on probation, parole, or other release subject to supervision by the adult misdemeanant probation and work release program of the county, city, consolidated local government, charter county, or urban-county government shall pay a fee to offset the costs of supervising the probation, parole, or other supervised release. The fees shall be assessed by the releasing authority in accordance with the provisions of this section. The fee for a misdemeanant defendant placed under the supervision of an adult misdemeanant probation and work release program of a county, city, consolidated local government, charter county, or an urban-county government shall be not less than one hundred dollars ($100) nor more than five hundred dollars ($500) per year. All sums paid by the defendant under this subsection shall be paid into the general fund of the county, city, consolidated local government, charter county, or urban-county government in lieu of the payment specified in subsection (8) of this section. All fees fixed under this subsection shall be collected by the circuit clerk of the county or urban-county involved. The adult misdemeanant probation and work release program of the county, consolidated local government, city, charter county, or urban-county government shall, for each person released under its supervision, keep an account of all payments made, maintain copies of all receipts issued by the circuit clerk, and report delinquencies to the court.
CREDIT(S)
HISTORY: 2002 c 346, § 234, eff. 7-15-02; 1998 c 286, § 1, c 606, § 112, eff. 7-15-98; 1994 c 418, § 11, c 405, § 88, eff. 7-15-94; 1992 c 335, § 1, c 211, § 95, eff. 7-14-92; 1988 c 377, § 2; 1984 c 156, § 1; 1982 c 416, § 1
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.320
Effective: July 12, 2012
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.320 Parole board; members' qualifications, terms, compensation; chairperson; administrative regulations; quorum; executive director
(1) The Governor shall appoint a Parole Board consisting of nine (9) full-time members to be confirmed by the Senate in accordance with KRS 11.160. The Governor shall make each appointment from a list of three (3) names given to him or her by the Kentucky State Corrections Commission. Each member appointed to the board shall have had at least five (5) years of actual experience in the field of penology, correction work, law enforcement, sociology, law, education, social work, medicine, or a combination thereof, or have served at least five (5) years previously on the Parole Board. No more than six (6) board members shall be of the same political party. The board shall be attached to the Justice and Public Safety Cabinet for administrative purposes only. The Department of Corrections shall provide any clerical, stenographic, administrative, and expert staff assistance the board deems necessary to carry out its duties.
(2) The Governor shall designate one (1) member as chairperson of the board. The member designated as chairperson shall serve in that capacity at the pleasure of the Governor or until his or her term expires.
(3) The members of the board shall give full time to the duties of their office and shall receive necessary traveling expenses and a salary to be determined pursuant to KRS 64.640(2), except the chairperson of the board shall receive additional compensation of one thousand dollars ($1,000) per year for his or her services. Their terms of office shall be four (4) years and until their successors are appointed and have qualified. Their successors shall be appointed thereafter as provided in this section for terms of four (4) years, and a vacancy occurring before expiration of the term of office shall be similarly filled for the unexpired term.
(4) The organization of the board shall be determined by the chairperson and shall be consistent with administrative regulations promulgated pursuant to KRS 439.340. For policy and procedural matters, five (5) members shall constitute a quorum. Parole and final parole revocation hearings may be done by panels of the board, subject to the following requirements:
(a) If a two (2) member panel is utilized, both members of the panel shall agree on the decision or the matter shall be referred to the full board;
(b) If a three (3) member panel is utilized, two (2) of the three (3) members of the panel shall agree on a decision or the matter shall be referred to the full board; and
(c) If a panel of four (4) or more members is utilized, a majority of the panel shall agree on a decision or the matter shall be referred to the full board.
(5) The Governor may not remove any member of the board except for disability, inefficiency, neglect of duty, or malfeasance in office. Before removal, he or she shall give the member a written copy of the charges against him or her and shall fix the time when he or she can be heard in his or her defense, which shall not be less than ten (10) days thereafter. Upon removal, the Governor shall file in the office of the Secretary of State a complete statement of all charges made against the member and the findings thereupon with a record of the proceedings.
(6) The Office of Executive Director of the Parole Board is created. The office shall be headed by an executive director who shall be appointed by and directly responsible to the secretary of the Justice and Public Safety Cabinet in matters relating to administration. The executive director shall be responsible for the support services to the Parole Board in the area of financial, personnel, and facilities management; shall provide recommendations on administrative issues affecting the board to the secretary of the Justice and Public Safety Cabinet, the chairperson of the Parole Board, and Parole Board members; shall review and draft legislation and promulgate administrative regulations for the board; and shall review parole data and conduct long-range planning as relevant to the planning needs of the board.
CREDIT(S)
HISTORY: 2012 c 156, § 12, eff. 7-12-12; 2010 c 107, § 4, eff. 7-15-10
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.330
Effective: June 8, 2011
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.330 Duties of board
(1) The board shall:
(a) Study the case histories of persons eligible for parole, and deliberate on that record;
(b) Conduct reviews and hearings on the desirability of granting parole;
(c) Impose upon the parolee or conditional releasee such conditions as it sees fit;
(d) Order the granting of parole;
(e) Issue warrants for persons charged with violations of parole and postincarceration supervision and conduct hearings on such charges, subject to the provisions of KRS 439.341, 532.043, and 532.400;
(f) Determine the period of supervision for parolees, which period may be subject to extension or reduction after recommendation of the cabinet is received and considered; and
(g) Grant final discharge to parolees.
(2) The board shall adopt an official seal of which the courts shall take judicial notice.
(3) The orders of the board shall not be reviewable except as to compliance with the terms of KRS 439.250 to 439.560.
(4) The board shall keep a record of its acts, an electronic record of its meetings, a written record of the votes of individual members, and the reasons for denying parole to inmates. These records shall be public records in accordance with KRS 61.870 to 61.884. The board shall notify each institution of its decisions relating to the persons who are or have been confined therein, and shall submit to the Governor a report with statistical and other data of its work at the close of each fiscal year.
CREDIT(S)
HISTORY: 2011 c 2, § 101, eff. 6-8-11; 2011 c 2, § 87, eff. 3-3-11; 2005 c 129, § 3, eff. 3-18-05; 1994 c 179, § 4, eff. 4-4-94; 1982 c 344, § 43, eff. 7-15-82; 1980 c 208, § 2; 1978 c 259, § 1; 1956 c 101, § 9
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.331
Effective: June 8, 2011
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.331 Risk and needs assessment of criminal risk factors of parole-eligible inmates
The department shall:
(1) Administer a validated risk and needs assessment to assess the criminal risk factors of all inmates who are eligible for parole, or a reassessment of a previously administered risk and needs assessment, before the case is considered by the board;
(2) Provide the results of the most recent risk and needs assessment to the board before an inmate appears before the board; and
(3) Incorporate information from an inmate's criminal risk and needs assessment into the development of his or her case plan.
CREDIT(S)
HISTORY: 2011 c 2, § 30, eff. 6-8-11
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.335
Effective: July 12, 2012
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.335 Scientific means of personality analysis to be used to establish level, intensity, terms, and conditions of supervision
(1) In considering the granting of parole and the terms of parole, the parole board shall use the results from an inmate's validated risk and needs assessment and any other scientific means for personality analysis that may hereafter be developed.
(2) The department shall use the results from an inmate's validated risk and needs assessment and any other scientific means for personality analysis that may hereafter be developed to define the level or intensity of supervision for parole, and to establish any terms or conditions of supervision imposed by the department in accordance with the administrative regulations adopted by the department pursuant to KRS 439.470 or as otherwise authorized by law. The terms and intensity of supervision shall be based on an individual's level of risk to public safety, criminal risk factors, and the need for treatment and other interventions.
CREDIT(S)
HISTORY: 2012 c 156, § 13, eff. 7-12-12; 2011 c 2, § 31, eff. 6-8-11; 1998 c 606, § 167, eff. 7-15-98; 1966 c 143, § 1, eff. 6-16-66
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.340
Effective: June 8, 2011
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.340 Parole of prisoners confined in adult penal or correctional institutions
(1) The board may release on parole persons confined in any adult state penal or correctional institution of Kentucky or sentenced felons incarcerated in county jails eligible for parole. All paroles shall issue upon order of the board duly adopted. As soon as practicable after his or her admission to an adult state penal or correctional institution or county jail if he or she is a sentenced felon, and at such intervals thereafter as it may determine, the Department of Corrections shall obtain all pertinent information regarding each prisoner, except those not eligible for parole. The information shall include the results of his or her most recent risk and needs assessment, his or her criminal record, his or her conduct, employment, and the reports of physical and mental examinations that have been made. The Department of Corrections shall furnish the circumstances of his or her offense, the results of his or her most recent risk and needs assessment, and his or her previous social history to the board. The Department of Corrections shall prepare a report on any information it obtains. It shall be the duty of the Department of Corrections to supplement this report with any material the board may request and submit the report to the board.
(2) Before granting the parole of any prisoner, the board shall consider the pertinent information regarding the prisoner, including the results of his or her most recent risk and needs assessment, and shall have him or her appear before it for interview and hearing. The board in its discretion may hold interviews and hearings for prisoners convicted of Class C felonies not included within the definition of “violent offender” in KRS 439.3401 and Class D felonies. The board in its discretion may request the parole board of another state confining prisoners pursuant to KRS 196.610 to interview eligible prisoners and make a parole recommendation to the board. A parole shall be ordered only for the best interest of society and not as an award of clemency, and it shall not be considered a reduction of sentence or pardon. A prisoner shall be placed on parole only when arrangements have been made for his or her proper employment or for his or her maintenance and care, and when the board believes he or she is able and willing to fulfill the obligations of a law abiding citizen. Notwithstanding any statute to the contrary, including KRS 440.330, when a prisoner is otherwise eligible for parole and the board has recommended parole for that prisoner for the reasons set forth in this subsection, the board may grant parole to any prisoner wanted as a fugitive by any other jurisdiction, and the prisoner shall be released to the detainer from that jurisdiction. Such parole shall not constitute a relinquishment of jurisdiction over the prisoner, and the board in all cases expressly reserves the right to return the prisoner to confinement in a correctional institution of the Commonwealth if the prisoner violates the terms of his or her parole.
(3) (a) A nonviolent offender convicted of a Class D felony with an aggregate sentence of one (1) to five (5) years who is confined to a state penal institution or county jail shall have his or her case reviewed by the Parole Board after serving fifteen percent (15%) or two (2) months of the original sentence, whichever is longer.
(b) Except as provided in this section, the board shall adopt administrative regulations with respect to the eligibility of prisoners for parole, the conduct of parole and parole revocation hearings and all other matters that come before it, or conditions to be imposed upon parolees. Regulations governing the eligibility of prisoners for parole shall be in accordance with professionally accepted ideas of correction and reform and may utilize in part objective, performance-based criteria and risk and needs assessment information; however, nothing herein contained shall preclude the board from utilizing its present regulations in conjunction with other factors involved that would relate to the inmate's needs and the safety of the public.
(4) The board shall insure that all sentenced felons who have longer than ninety (90) days to serve in state penal institutions, halfway houses, and county jails are considered for parole not less than sixty (60) days prior to their parole eligibility date, and the Department of Corrections shall provide the necessary assistance and information to the board in order for it to conduct timely parole reviews.
(5) In addition to or in conjunction with each hearing conducted under subsection (2) of this section for any prisoner convicted of a Class A, B, or C felony and prior to the granting of a parole to any such prisoner, the parole board shall conduct a hearing of which the following persons shall receive not less than forty-five (45) nor more than ninety (90) days' notice: the Commonwealth's attorney who shall notify the sheriff of every county and the chief of police of every city and county in which the prisoner committed any Class A, B, or C felony for which he or she is imprisoned, and all identified victims of the crimes or the next of kin of any victim who is deceased. Notice to the Commonwealth's attorney shall be by mail, fax, or electronic means at the discretion of the board, and shall be in a manner that ensures receipt at the Commonwealth attorney's business office. Notices received by chiefs of police and sheriffs shall be posted in a conspicuous location where police employed by the department may see it. Notices shall be posted in a manner and at a time that will allow officers to make comment thereon to the Parole Board. Notice to victims or their next of kin shall be made, for prisoners incarcerated prior to July 15, 1986, by mail, fax, or electronic means at the discretion of the board, and shall be in a manner that ensures receipt by the Commonwealth's attorney, who shall forward the notice promptly to the victims or their next of kin at their last known address. For prisoners incarcerated on or after July 15, 1986, notice to the victims or their next of kin shall be by mail from the Parole Board to their last known address as provided by the Commonwealth's attorney to the Parole Board at the time of incarceration of the prisoner. Notice to the victim or the next of kin of subsequent considerations for parole after the initial consideration shall not be sent if the victim or the next of kin gives notice to the board that he or she no longer wants to receive such notices. The notice shall include the time, date, and place of the hearing provided for in this subsection, and the name and address of a person to write if the recipient of the notice desires to attend the hearing or to submit written comments.
(6) Persons receiving notice as provided for in subsection (5) of this section may submit comments, in person or in writing, to the board upon all issues relating to the parole of the prisoner. The board shall read and consider all comments prior to making its parole decision, if they are received by the board not less than seven (7) days before the date for the hearing. The board shall retain all comments in the prisoner's permanent Parole Board file, and shall consider them in conjunction with any subsequent parole decisions affecting the prisoner. In addition to officers listed in subsection (5) of this section, the crime victims or the next of kin of any victim who is deceased or who is disabled and cannot attend the hearing or the parent or legal guardian of any victim who is a minor may attend the hearing provided for in subsection (5) of this section and present oral and written comments upon all issues relating to the parole of the prisoner, if they have advised the board, in writing received by the board not less than seven (7) days prior to the date set for the hearing, of their intention to attend the hearing. The board shall receive and consider all comments, shall make a record of them which it shall retain in the prisoner's permanent Parole Board file, and shall consider them in conjunction with any subsequent parole decision affecting the prisoner. Persons appearing before the Parole Board pursuant to this subsection may elect to make their presentations outside of the presence of the prisoner.
(7) Victims of Class D felonies may submit comments in person or in writing to the board upon all issues relating to the parole of a prisoner.
(8) Any hearing provided for in subsections (5), (6), and (7) of this section shall be open to the public unless the persons having a right to appear before the board as specified in those subsections request closure of hearing for reasons of personal safety, in which event the hearing shall be closed. The time, date, and location of closed hearings shall not be disclosed to the public.
(9) Except as specifically set forth in this section, nothing in this section shall be deemed to expand or abridge any existing rights of persons to contact and communicate with the Parole Board or any of its members, agents, or employees.
(10) The unintentional failure by the Parole Board, sheriff, chief of police, or any of its members, agents, or employees or by a Commonwealth's attorney or any of his or her agents or employees to comply with any of the provisions of subsections (5), (6), and (8) of this section shall not affect the validity of any parole decision or give rise to any right or cause of action by the crime victim, the prisoner, or any other person.
(11) No eligible sexual offender within the meaning of KRS 197.400 to 197.440 shall be granted parole unless he or she has successfully completed the Sexual Offender Treatment Program.
(12) Any prisoner who is granted parole after completion of the Sexual Offender Treatment Program shall be required, as a condition of his or her parole, to participate in regular treatment in a mental health program approved or operated by the Department of Corrections.
(13) When the board grants parole contingent upon completion of a program, the commissioner, or his or her designee, shall determine the most appropriate placement in a program operated by the department or a residential or nonresidential program within the community approved by the department. If the department releases a parolee to a nonresidential program, the department shall release the parolee only if he or she will have appropriate community housing pursuant to KRS 439.3408.
(14) If the parole board does not grant parole to a prisoner, the maximum deferment for a prisoner convicted of a non-violent, non-sexual Class C or Class D felony shall be twenty-four (24) months. For all other prisoners who are eligible for parole:
(a) No parole deferment greater than five (5) years shall be ordered unless approved by a majority vote of the full board; and
(b) No deferment shall exceed ten (10) years, except for life sentences.
(15) When an order for parole is issued, it shall recite the conditions thereof.
CREDIT(S)
HISTORY: 2011 c 2, § 32, eff. 6-8-11; 2010 c 107, § 5, eff. 7-15-10
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.3401
Effective: June 8, 2011
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.3401 Parole for violent offenders; applicability of section to victim of domestic violence or abuse; time of offense; prohibition against award of credit
(1) As used in this section, “violent offender” means any person who has been convicted of or pled guilty to the commission of:
(a) A capital offense;
(b) A Class A felony;
(c) A Class B felony involving the death of the victim or serious physical injury to a victim;
(d) The commission or attempted commission of a felony sexual offense described in KRS Chapter 510;
(e) Use of a minor in a sexual performance as described in KRS 531.310;
(f) Promoting a sexual performance by a minor as described in KRS 531.320;
(g) Unlawful transaction with a minor in the first degree as described in KRS 530.064(1)(a);
(h) Human trafficking under KRS 529.100 involving commercial sexual activity where the victim is a minor;
(i) Criminal abuse in the first degree as described in KRS 508.100;
(j) Burglary in the first degree accompanied by the commission or attempted commission of an assault described in KRS 508.010, 508.020, 508.032, or 508.060;
(k) Burglary in the first degree accompanied by commission or attempted commission of kidnapping as prohibited by KRS 509.040; or
(l) Robbery in the first degree.
The court shall designate in its judgment if the victim suffered death or serious physical injury.
(2) A violent offender who has been convicted of a capital offense and who has received a life sentence (and has not been sentenced to twenty-five (25) years without parole or imprisonment for life without benefit of probation or parole), or a Class A felony and receives a life sentence, or to death and his sentence is commuted to a life sentence shall not be released on probation or parole until he has served at least twenty (20) years in the penitentiary. Violent offenders may have a greater minimum parole eligibility date than other offenders who receive longer sentences, including a sentence of life imprisonment.
(3) A violent offender who has been convicted of a capital offense or Class A felony with a sentence of a term of years or Class B felony who is a violent offender shall not be released on probation or parole until he has served at least eighty-five percent (85%) of the sentence imposed.
(4) A violent offender shall not be awarded any credit on his sentence authorized by KRS 197.045(1)(b)1. In no event shall a violent offender be given credit on his sentence if the credit reduces the term of imprisonment to less than eighty-five percent (85%) of the sentence.
(5) This section shall not apply to a person who has been determined by a court to have been a victim of domestic violence or abuse pursuant to KRS 533.060 with regard to the offenses involving the death of the victim or serious physical injury to the victim. The provisions of this subsection shall not extend to rape in the first degree or sodomy in the first degree by the defendant.
(6) This section shall apply only to those persons who commit offenses after July 15, 1998.
(7) For offenses committed prior to July 15, 1998, the version of this statute in effect immediately prior to that date shall continue to apply.
(8) The provisions of subsection (1) of this section extending the definition of “violent offender” to persons convicted of or pleading guilty to robbery in the first degree shall apply only to persons whose crime was committed after July 15, 2002.
CREDIT(S)
HISTORY: 2011 c 2, § 99, eff. 6-8-11; 2007 c 19, § 11, eff. 6-26-07; 2006 c 182, § 27, eff. 7-12-06; 2002 c 120, § 2, eff. 7-15-02; 2000 c 401, § 3, eff. 7-14-00; 1998 c 606, § 77, eff. 7-15-98; 1992 c 173, § 4, eff. 7-14-92; 1991 1st ex s, c 3, § 1; 1986 c 358, § 1
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.3402
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.3402 Exemption from KRS 439.3401 for victims of domestic violence and abuse; procedures; effect
(1) Any violent offender as defined in KRS 439.3401 who was convicted prior to July 14, 1992, who claims to come within the definitions of KRS 503.050 and 533.060 and the purview of this section as the victim of domestic violence and abuse may be exempt from KRS 439.3401 under the conditions set forth in this section.
(2) (a) The offender shall file a motion in the Circuit Court in which the offender was convicted stating the facts which qualify the offender for exemption under this section.
(b) The motion shall state whether the offender requests an evidentiary hearing, or whether the offender relies on the record of evidence already on file with the Circuit Court.
(c) If the offender requests an evidentiary hearing the motion shall state what witnesses the offender wishes to testify and a brief summary of each witness' expected testimony.
(d) The motion shall state whether the offender wishes the court to appoint counsel to represent the offender or what attorney, if any, will represent the offender at the hearing. The appointment of counsel by the court shall be made in conformity with the provisions of KRS Chapter 31.
(3) (a) The Commonwealth shall respond to the motion within twenty (20) days after the motion was filed.
(b) If the Commonwealth requests an evidentiary hearing and the offender did not, the Commonwealth's response shall state what witnesses and evidence the Commonwealth intends to introduce.
(c) The Commonwealth may stipulate to the offender's evidence stated in the motion in lieu of the evidentiary hearing.
(4) The Circuit Court shall hold any evidentiary hearing within thirty (30) days after the Commonwealth's response was filed, or if the Commonwealth did not respond, within sixty (60) days.
(5) The Circuit Court shall issue findings of fact and an order ruling upon the motion within thirty (30) days after the evidentiary hearing, or if no hearing was held, within sixty (60) days after the Commonwealth's response was filed or due to be filed.
(6) The order of the Circuit Court may be appealed in the manner as authorized for judgments in criminal cases.
(7) Only one (1) motion under this section may be filed by the same offender regarding the same conviction.
(8) The effect of granting a motion under this section is to remove the status as a violent offender for the offense for which the motion was filed and permit the offender to be eligible for parole in the manner specified in KRS 439.340.
CREDIT(S)
HISTORY: 1992 c 173, § 5, eff. 7-14-92
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.3403
Effective: June 8, 2011
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.3403 Reconsideration of parole of inmate given deferment or serve-out longer than sixty months; exceptions; hearings
(1) Except as provided in subsection (2) of this section, the board shall reconsider the parole of any prisoner as of June 8, 2011, who was given a deferment or serve-out of longer than sixty (60) months at the prisoner's most recent parole hearing.
(2) No reconsideration shall be required under this section for any prisoner who has received a deferment or serve-out of longer than sixty (60) months if:
(a) The deferment or serve-out was approved by a majority vote of the full board; or
(b) The prisoner stands convicted of a criminal offense currently defined as a violent offense in KRS 439.3401 or as a sex crime in KRS 17.500, regardless of the date the crime was committed or the date of conviction.
(3) The board shall schedule parole hearings for prisoners eligible for reconsideration of parole under this section according to the following schedule:
(a) For a prisoner who has served less than sixty (60) months of his or her sentence as of June 8, 2011, the board shall schedule and conduct a parole hearing during the month the prisoner has served sixty (60) months of his or her sentence; and
(b) For a prisoner who has served more than sixty (60) months of his or her sentence as of June 8, 2011, the board shall schedule and conduct a parole hearing within twelve (12) months of June 8, 2011.
(4) The department shall provide all necessary assistance and information to the board in accordance with KRS 439.340 in order for the board to conduct timely hearings under subsection (1) of this section.
(5) Parole hearings required under subsection (1) of this section shall be conducted in accordance with and subject to the provisions of KRS 439.250 to 439.560, including but not limited to the requirements relating to notification of victims, the authority of the board to conduct hearings by panels of the board, and the requirement to keep records relating to the hearings.
CREDIT(S)
HISTORY: 2011 c 2, § 33, eff. 6-8-11
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.3405
Effective: June 8, 2011
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.3405 Parole of prisoners with documented terminal medical conditions; hearing
(1) Notwithstanding any statute eliminating parole or establishing minimum time for parole eligibility for a certain class or status of offender, including KRS 439.340(11), 439.3401, 532.080(7), and 533.060, the board, with the written consent of a majority of the full board, may review the case of any prisoner and release that prisoner on parole despite any elimination of or minimum time for parole eligibility, when the prisoner has a documented terminal medical condition likely to result in death within one (1) year or severe chronic lung disease, end-stage heart disease, severe neuro-muscular disease such as multiple sclerosis; or has severely limited mobility as a result of stroke, disease, or trauma; or is dependent on external life support systems and would not pose a threat to society if paroled.
(2) Medical information considered under this section shall be limited to the medical findings supplied by Department of Corrections medical staff. The medical staff shall provide in writing the prisoner's diagnosis and prognosis in support of the conclusion that the prisoner suffers from a terminal medical condition likely to result in death within one (1) year or because of the conditions set forth in subsection (1) of this section he or she is substantially dependent on others for the activities of daily living.
(3) The medical information prepared by the Department of Corrections medical staff under this section shall be forwarded to the medical director of the Department of Corrections who shall submit that information and a recommendation for or against parole review under this section to the commissioner of the Department of Corrections or his or her designee. With the approval of the commissioner of the Department of Corrections, a request for parole review under this section, along with the medical information and medical director's recommendation, shall be submitted to the board.
(4) Medical information presented under this section shall be considered along with other information relevant to a decision regarding the granting of parole and shall not constitute the only reason for granting parole.
(5) Notwithstanding KRS 439.340(5), in addition to or in conjunction with each review conducted under subsection (1) of this section for any prisoner convicted of a Class A or B felony, or of a Class C felony involving violence or a sexual offense and prior to the granting of parole to any such prisoner, the Parole Board shall conduct a hearing of which the following persons shall receive not less than fifteen (15) nor more than thirty (30) days' notice:
(a) The Commonwealth's attorney, who shall notify the sheriff of every county and the chief of police of every city and county in which the prisoner committed any Class A, B, or C felony for which he or she is imprisoned; and
(b) All identified victims of the crimes or the next of kin of any victim who is deceased.
Notice to the Commonwealth's attorney shall be by mail, fax, or electronic means, at the discretion of the board, and shall be in a manner that ensures receipt at the Commonwealth attorney's business office. Notices received by chiefs of police and sheriffs shall be posted in a conspicuous location where police employed by the department may see it. Notices shall be posted in a manner and at a time that will allow officers to make comment thereon to the Parole Board. Notice to victims or their next of kin shall be made by mail, fax, or electronic means, at the discretion of the board, to their last known address or telephone number as provided by the Commonwealth's attorney to the Parole Board at the time of incarceration of the prisoner. Notice to the victim or the next of kin of subsequent considerations for parole after the initial consideration shall not be sent if the victim or the next of kin gives notice to the board that he or she no longer wants to receive such notices. The notice shall include the time, date, and place of the hearing provided for in this subsection, and the name and address of a person to write if the recipient of the notice desires to attend the hearing or to submit written comments.
CREDIT(S)
HISTORY: 2011 c 2, § 28, eff. 6-8-11; 2007 c 128, § 1, eff. 6-26-07; 1998 c 606, § 78, eff. 7-15-98; 1994 c 179, § 5, eff. 4-4-94
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.3406
Effective: July 12, 2012
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.3406 Mandatory reentry supervision for inmate not granted discretionary parole six months prior to expiration of sentence; exceptions; terms of supervision; no credit for time absconding; report
(1) The board shall order mandatory reentry supervision for an inmate who has not been granted discretionary parole six (6) months prior to the inmate's minimum expiration of sentence.
(2) The provisions of subsection (1) of this section shall not apply to an inmate who:
(a) Is not eligible for parole by statute;
(b) Has been convicted of a capital offense or a Class A felony;
(c) Has a maximum or close security classification as defined by administrative regulations promulgated by the department;
(d) Has been sentenced to two (2) years or less of incarceration;
(e) Is subject to the provisions of KRS 532.043; or
(f) Has six (6) months or less to be served after his or her sentencing by a court or recommitment to prison for a violation of probation, shock probation, parole, or conditional discharge.
(3) An inmate granted mandatory reentry supervision pursuant to this section may be returned by the board to prison for violation of the conditions of supervision and shall not again be eligible for mandatory reentry supervision during the same period of incarceration.
(4) An inmate released to mandatory reentry supervision shall be considered to be released on parole.
(5) Mandatory reentry supervision is not a commutation of sentence or any other form of clemency.
(6) No hearing shall be required for the board to order an inmate to mandatory reentry supervision pursuant to subsection (1) of this section. Terms of supervision for inmates released on mandatory reentry supervision shall be established as follows:
(a) The board shall adopt administrative regulations establishing general conditions applicable to each inmate ordered to mandatory reentry supervision pursuant to subsection (1) of this section. If an inmate is ordered to mandatory reentry supervision, the board's order shall set forth the general conditions and shall require the inmate to comply with the general conditions and any requirements imposed by the department in accordance with this section;
(b) Upon intake of an inmate ordered to mandatory reentry supervision by the board, the department shall use the results of the risk and needs assessment administered pursuant to KRS 439.3104(1) to establish appropriate terms and conditions of supervision, taking into consideration the level of risk to public safety, criminal risk factors, and the need for treatment and other interventions. The terms and conditions imposed by the department under this paragraph shall not conflict with the general conditions adopted by the board pursuant to paragraph (a) of this subsection; and
(c) The powers and duties assigned to the commissioner in relation to probation or parole under KRS 439.470 shall be assigned to the commissioner in relation to mandatory reentry supervision.
(7) Subject to subsection (3) of this section, the period of mandatory reentry supervision shall conclude upon completion of the individual's minimum expiration of sentence.
(8) If the board issues a warrant for the arrest of an inmate for absconding from supervision during the mandatory reentry supervision period, and the inmate is subsequently returned to prison as a violator of conditions of supervision for absconding, the inmate shall not receive credit toward the remainder of his or her sentence for the time spent absconding.
(9) The department shall report the results of the mandatory reentry supervision program to the Interim Joint Committee on Judiciary by February 1, 2015.
CREDIT(S)
HISTORY: 2012 c 156, § 14, eff. 7-12-12; 2011 c 2, § 34, eff. 1-1-12
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.3407
Effective: June 8, 2011
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.3407 Conditional parole of state inmates to be served in local facility; administrative regulations; work release
(1) The department may promulgate administrative regulations to implement conditional parole of state inmates incarcerated in state corrections institutions or local correctional facilities or county jails to place those individuals closer to their communities prior to release. A parolee placed on conditional parole shall serve that term in a local correctional facility or county jail in a county in which the fiscal court has agreed to house parolees if beds are available in the local correctional facility or county jail.
(2) The department may authorize parolees on conditional parole to be placed on work release. If a person placed in a county jail on conditional parole under subsection (1) of this section is granted work release, he or she shall pay the work release fees required by law to the jailer. The amount of work release fees paid by a parolee shall be deducted from the amount which the Department of Corrections shall pay for the placement of that parolee.
(3) Local correctional facilities or county jails housing parolees under subsection (1) of this section shall have the same rights and obligations as county jails housing felons pursuant to KRS 532.100.
(4) Administrative regulations promulgated pursuant to subsection (1) of this section relating to eligibility of an individual for conditional parole shall take into consideration, at a minimum, the following information about the individual:
(a) The offense for which the individual was convicted and his or her rehabilitation efforts while incarcerated;
(b) The security classification while incarcerated in the state correctional institution;
(c) Conduct while incarcerated in the state correctional institution;
(d) Ability to find employment in the community; and
(e) The availability of additional applicable education, treatment or intervention, and training for employment in the local correctional facility or county jail, if needed by the individual.
CREDIT(S)
HISTORY: 2011 c 2, § 39, eff. 6-8-11
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.3408
Effective: June 8, 2011
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.3408 Department to approve any acceptable housing for parolees
When considering appropriate housing options for a person considered for parole or a person who is being paroled, the department shall approve any form of acceptable housing, including but not limited to apartments, shelters for homeless or other persons, county jails or restricted custody facilities that a county approves for parolees, educational institutions with dormitories if the parolee is enrolled or accepted for enrollment at an educational institution, halfway houses, residential treatment or other programs in which the parolee is enrolled or accepted for enrollment, and other forms of transitional housing meeting the requirements of applicable statutes.
CREDIT(S)
HISTORY: 2011 c 2, § 41, eff. 6-8-11
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.341
Effective: March 3, 2011
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.341 Preliminary revocation hearings of probation, parole, and postincarceration supervision violators
Preliminary revocation hearings of probation, parole, and postincarceration supervision violators shall be conducted by hearing officers. These hearing officers shall be attorneys, appointed by the board and admitted to practice in Kentucky, who shall perform the aforementioned duties and any others assigned by the board.
CREDIT(S)
HISTORY: 2011 c 2, § 88, eff. 3-3-11; 1980 c 208, § 3, eff. 7-15-80; 1978 c 259, § 3
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.342
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.342 Retention of prisoner on parole
The board may retain any prisoner on parole for a period of at least one (1) year.
CREDIT(S)
HISTORY: 1962 c 82, § 1, eff. 6-14-62
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.344
Effective: April 12, 2010
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.344 Effect of parole time on sentence; exceptions
The period of time spent on parole shall count as a part of the prisoner's sentence, except when a parolee is:
(1) Returned to prison as a parole violator for a new felony conviction;
(2) Returned to prison as a parole violator after charges have been filed or an indictment has been returned for a felony offense committed while on parole and the prisoner is subsequently convicted of that offense;
(3) Returned to prison as a parole violator and is subsequently convicted of a felony offense committed while on parole;
(4) Returned to prison as a parole violator for absconding from parole supervision, except that the time spent on parole prior to absconding shall count as part of the prisoner's sentence;
(5) Returned to prison as a parole violator and it is subsequently determined that he or she owes restitution pursuant to KRS 439.563 and has an arrearage on that restitution. Any credit withheld pursuant to this subsection shall be reinstated when the arrearage is paid in full;
(6) Classified as a violent offender pursuant to KRS 439.3401; or
(7) A registered sex offender pursuant to KRS 17.500 to 17.580.
CREDIT(S)
HISTORY: 2010 c 107, § 6, eff. 4-12-10; 2009 c 57, § 2, eff. 6-25-09; 1962 c 82, § 2, eff. 6-14-62
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.345
Effective: June 8, 2011
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.345 Compliance credits for parolees; administrative regulations
(1) A supervised individual on parole shall receive compliance credits to be applied toward the individual's sentence, if the paroled individual does all of the following:
(a) Fulfills the terms of his or her case plan;
(b) Has no new arrests; and
(c) Makes scheduled monthly payments for restitution.
(2) The department shall promulgate administrative regulations for the awarding of earned compliance credits to a supervised individual who is on parole.
CREDIT(S)
HISTORY: 2011 c 2, § 55, eff. 6-8-11
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.346
Effective: March 3, 2011
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.346 Prisoner paroled or under postincarceration supervision subject to orders of board
During the period of his or her parole or postincarceration supervision, the prisoner shall be amenable to the orders of the board and the department.
CREDIT(S)
HISTORY: 2011 c 2, § 89, eff. 3-3-11; 1992 c 211, § 108, eff. 7-14-92; 1982 c 344, § 45; 1962 c 82, § 3
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.348
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.348 Paroled prisoner under supervision of department; cessation
Paroled prisoners shall be under the supervision of the department and subject to its direction for the duration of parole. Supervision of the parolee by the department shall cease at the time of recommitment of the prisoner to prison as a parole violator, or at the time a final discharge from parole is granted to the parolee by the board.
CREDIT(S)
HISTORY: 1992 c 211, § 109, eff. 7-14-92; 1982 c 344, § 46; 1962 c 82, § 4
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.350
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.350 Time served in prison and on parole not to exceed the period of the maximum sentence; exceptions; paroled prisoners to be amenable to orders of the board and division; supervision and direction of paroled prisoners; final discharge--Repealed
CREDIT(S)
HISTORY: 1962 c 82, § 9, eff. 6-14-62; 1956 c 101, § 11
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.352
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.352 Recommitment of parolee; effect
Recommitment of a parolee to prison on a new sentence received for commission of a crime while on parole shall automatically terminate his parole status on any sentence on which he has not received a final discharge, or a restoration of civil rights, prior to the date of recommitment. The prisoner shall, at the time of the recommitment on the new sentence, begin to accrue additional time credit toward conditional release or expiration of sentence on the sentence on which he had previously been paroled unless he has been finally discharged from parole on the sentence or has been restored to civil rights prior to the date of the recommitment.
CREDIT(S)
HISTORY: 1962 c 82, § 5, eff. 6-14-62
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.354
Effective: June 25, 2009
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.354 Final discharge of paroled prisoner; conditions
(1) Except as provided in subsection (2) of this section, when any paroled prisoner has performed the obligations of his or her parole during his or her period of active parole supervision the board may, at the termination of such period to be determined by the board, issue a final discharge from parole to the prisoner. Unless ordered earlier by the board, a final discharge shall be issued when the prisoner has been out of prison on parole a sufficient period of time to have been eligible for discharge from prison by minimum expiration of sentence had he or she not been paroled, provided before this date he or she had not absconded from parole supervision or that a warrant for parole violation had not been issued by the board.
(2) When any paroled prisoner classified as a violent offender pursuant to KRS 439.3401, or registered as a sex offender pursuant to KRS 17.500 to 17.580, has performed the obligations of his or her parole, the board shall issue a final discharge from parole to the prisoner when the prisoner has been out of prison on parole a sufficient period of time to have been eligible for discharge from prison by maximum expiration of sentence had he or she not been paroled, provided before this date he or she had not absconded from parole supervision or that a warrant for parole violation had not been issued by the board.
CREDIT(S)
HISTORY: 2009 c 57, § 3, eff. 6-25-09; 1962 c 82, § 6, eff. 6-14-62
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.356
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.356 Final discharge; effect
After final discharge has been ordered and a certificate issued by the board, or after the parolee's civil rights have been restored by an act of the Governor, the parolee may not be held again for a violation of that parole.
CREDIT(S)
HISTORY: 1962 c 82, § 7, eff. 6-14-62
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.358
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.358 Final discharge provisions; application
The provisions of granting final discharges from parole, and the release from being again confined on the same sentence in the penitentiary following the granting of such discharge or following the restoration of the parolee's civil rights, as set out in KRS 439.342 to 439.358, shall be followed in all cases of those persons confined or paroled before, on, or committed after June 14, 1962.
CREDIT(S)
HISTORY: 1962 c 82, § 8, eff. 6-14-62
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.360
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.360 Conditionally released prisoners--Repealed
CREDIT(S)
HISTORY: 1962 c 109, § 2, eff. 6-14-62; 1958 c 126, § 43; 1956 c 101, § 12
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.370
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.370 Commonwealth's attorney to cause to be transmitted to the institution a concise statement of facts adduced at trial or hearing
It shall be the duty of the Commonwealth's attorney after the imposition of prison sentence, unless the defendant is granted probation, to cause to be forthwith transmitted to the institution with the commitment papers, a concise statement of the facts adduced at the trial or at the hearing of a plea of guilty, together with such notes of testimony as the board may request.
CREDIT(S)
HISTORY: 1956 c 101, § 13, eff. 5-18-56
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.380
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.380 Prison officials to furnish members of board with access to prisoner, facilities for communicating with prisoner, reports and other facts
It shall be the duty of all prison officials to furnish members of the board, or its properly accredited representatives:
(1) Access at all reasonable times, to any prisoner over whom the board has jurisdiction under KRS 439.250 to 439.560;
(2) Facilities for communicating with and observing such prisoner;
(3) Such reports as the board shall require concerning the conduct and character of any prisoner in their custody; and
(4) Any other facts deemed pertinent by the board in determining whether such prisoner shall be paroled.
CREDIT(S)
HISTORY: 1956 c 101, § 14, eff. 5-18-56
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.390
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.390 Board may issue subpoenas; penalty for false testimony or failure to comply with subpoena; Circuit Court may compel the attendance of witnesses, production of documents and giving of testimony before board
The board shall have the power to issue subpoenas requiring the attendance of such witnesses and the production of such records, books, papers, and documents as it may deem necessary for investigation of the case of any person before it. Subpoenas may be signed and oaths administered by any member of the board. Subpoenas so issued shall be served by any sheriff, constable, police, parole or probation officer, or other peace officer and a return made to the board in the same manner as similar process in the Circuit Court. Any person who testifies falsely or fails to appear when subpoenaed, or fails or refuses to produce documents, records, or other such material when subpoenaed, upon citation by the Circuit Courts where the board meets and after hearing by that court, shall be subject to the same order and penalties to which persons before that court are subject. Any Circuit Court, upon application of the board, may compel the attendance of witnesses, the production of documents, records or other such material, and the giving of testimony before the board.
CREDIT(S)
HISTORY: 1956 c 101, § 15, eff. 5-18-56
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.400
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.400 Things to be supplied to prisoner placed on probation or conditional release; advancement for temporary maintenance--Repealed
CREDIT(S)
HISTORY: 1980 c 208, § 11, eff. 7-15-80; 1956 c 101, § 16
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.410
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.410 Board's order to be sufficient authority to officer in charge of state penal institution to release from custody paroled or conditionally released prisoner
An order of the board shall be sufficient warrant and authority to the officer in charge of any state penal institution to release from custody any paroled prisoner or conditionally released prisoner.
CREDIT(S)
HISTORY: 1956 c 101, § 17, eff. 5-18-56
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.420
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.420 Person out on parole not to be required to wear regulation dress of penitentiary
No person shall be required to wear the regulation dress of the penitentiary or other thing indicating he is under conviction for a crime while out on parole.
CREDIT(S)
HISTORY: 1994 c 418, § 12, eff. 7-15-94; 1956 c 101, § 18, eff. 5-18-56
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.430
Effective: June 8, 2011
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.430 Parole officer may arrest parolee or person subject to postincarceration supervision, when; detention; report to commissioner; return of prisoner to prison; prisoner for whose return a warrant has been issued to be deemed a fugitive from justice; effect of violation of parole
(1) Any parole officer having reason to believe that a parolee or a person on postincarceration supervision pursuant to KRS 532.043 or 532.400 has violated the terms of his or her release may arrest the parolee or offender on postincarceration supervision without a warrant or may deputize any other peace officer to do so by giving him or her a written statement setting forth that the parolee or offender on postincarceration supervision, in the judgment of the parole officer, has violated the conditions of his or her release. The written statement delivered with the parolee or offender on postincarceration supervision by the arresting officer to the official in charge of the station house, jail, workhouse, or other place of detention, shall be sufficient warrant for the detention of the parolee or offender on postincarceration supervision. The parole officer who arrests or causes the arrest of the prisoner shall notify the commissioner or his or her designee at once of the arrest and detention of the parolee or offender on postincarceration supervision, and shall submit in writing a report showing in what manner there has been a violation of the conditions of release. Thereupon, if the commissioner or his or her designee believes the parolee or offender on postincarceration supervision should be returned to prison, the commissioner or his or her designee at once shall submit his or her recommendations to the board, and, if the board approves, it shall issue a warrant upon which the releasee shall be returned to prison; otherwise the prisoner shall be released upon the order of the commissioner or his or her designee.
(2) A written statement, approved by the commissioner or his or her designee, by a parole officer, and filed with the board setting forth that the parolee or offender on postincarceration supervision in the judgment of the officer has violated the condition of his or her release, shall be sufficient cause for the board, in its discretion, to issue a warrant for the arrest of the parolee or offender on postincarceration supervision or for his or her return to prison.
(3) A prisoner for whose return a warrant has been issued by the board, shall be deemed a fugitive from justice or to have fled from justice. If it shall appear he or she has violated the provisions of his or her release, the time from the issuing of the warrant to the date of his or her arrest shall not be counted as any part of the time to be served in determining his or her final discharge eligibility date from parole if the board in its discretion so orders.
(4) The Parole Board may at its discretion issue a warrant for any parolee or offender on postincarceration supervision when in its judgment the condition of release has been violated.
CREDIT(S)
HISTORY: 2011 c 2, § 102, eff. 6-8-11; 2011 c 2, § 90, eff. 3-3-11; 1992 c 211, § 110, eff. 7-14-92; 1980 c 208, § 4; 1966 c 257; 1962 c 109, § 3; 1956 c 101, § 19
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.440
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.440 Prisoner returned to prison for violation of release to be heard by board; time
Any prisoner returned to prison for violation of his release shall be heard by the board within thirty (30) days on the propriety of his rerelease.
CREDIT(S)
HISTORY: 1956 c 101, § 20, eff. 5-18-56
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.450
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.450 Board to make investigation and report to Governor
On request of the Governor the board shall investigate and report to him with respect to any case of pardon, commutation of sentence, reprieve or remission of fine or forfeiture.
CREDIT(S)
HISTORY: 1956 c 101, § 21, eff. 5-18-56
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.460
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.460 Advisory council to be appointed by Governor--Repealed
CREDIT(S)
HISTORY: 1962 c 106, Art X, § 11, eff. 7-1-62; 1956 c 101, § 22
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.470
Effective: June 26, 2007
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.470 Powers and duties of commissioner
(1) The commissioner shall promulgate administrative regulations for the conduct of persons placed on probation or parole, except that the commissioner shall not promulgate any administrative regulation which conflicts with the conditions of probation imposed by the court or conditions of release imposed by the board.
(2) The commissioner may utilize an approved monitoring device as defined in KRS 532.200(5) in the supervision of persons placed on probation or parole and to impose a reasonable fee on the probationer or parolee, as a condition of probation or parole, for equipment usage.
(3) The commissioner or his or her designee shall:
(a) Be responsible for any reports of investigation and supervision as may be requested by the board or the courts;
(b) Divide the Commonwealth into districts and assign probation and parole officers to serve in the various districts and courts;
(c) Direct the work of the officers and other employees assigned to him or her;
(d) Formulate methods of investigation, supervision, record keeping, and reports;
(e) Conduct training courses for the staff;
(f) Negotiate with public or private groups or institutions for further training of employees and authorize the expenditure of funds for that purpose when needed; and
(g) Develop policies on probation and parole work in the light of other welfare administration policies.
CREDIT(S)
HISTORY: 2007 c 85, § 320, eff. 6-26-07; 1998 c 406, § 5, eff. 7-15-98; 1994 c 227, § 12, eff. 7-15-94; 1992 c 211, § 111, eff. 7-14-92; 1982 c 344, § 47; 1980 c 208, § 5; 1956 c 101, § 23
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.480
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.480 Duties of probation and parole officers
Probation and parole officers shall:
(1) Investigate all cases referred to them for investigation by the commissioner or by any court in which they are authorized to serve;
(2) Furnish to each person released under their supervision a written statement of the conditions of probation or parole and instruct him regarding the conditions;
(3) Keep informed concerning the conduct and conditions of each person under their supervision and use all suitable methods to aid and encourage them to bring about improvement in their conduct and condition;
(4) Keep detailed records of their work;
(5) Collect and disburse all moneys in accordance with the orders of the commissioner, board, or court;
(6) Keep accurate and complete accounts of all moneys received and disbursed in accordance with orders of the commissioner, board, or court, and give receipts therefor;
(7) Make the reports in writing the court or commissioner may require;
(8) Coordinate their work with that of other social agencies and file identifying information regarding their cases with any social service index or exchange operation in the area to which they are assigned.
CREDIT(S)
HISTORY: 1992 c 211, § 112, eff. 7-14-92; 1982 c 344, § 48; 1980 c 208, § 6; 1956 c 101, § 24
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.483
Effective: June 26, 2007
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.483 Training of probation and parole officers regarding sexual offender registration laws; necessary documents
(1) Each probation and parole officer shall be trained in the requirements of the sexual offender registration laws and shall be able to:
(a) Register or reregister a sexual offender; and
(b) Answer questions about the sexual offender registration law and its requirements.
(2) The Justice and Public Safety Cabinet shall provide each probation and parole office with sufficient copies of the following documents to handle the expected numbers of registrants:
(a) The sexual offender registration statutes and any administrative regulations which are promulgated relating to sexual offender registration;
(b) A brochure explaining in lay person's terms the requirements of the sex offender registration laws and administrative regulations;
(c) Registration forms;
(d) Fingerprint cards; and
(e) Other documents and supplies necessary to register a sexual offender.
CREDIT(S)
HISTORY: 2007 c 85, § 321, eff. 6-26-07; 2006 c 182, § 26, eff. 7-12-06
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.485
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.485 Probation and parole officer's position considered hazardous duty for retirement purposes
The position of probation and parole officer shall be considered as a hazardous duty position within the meaning of KRS 61.592 and the department shall make the employer contributions required for participation in the Hazardous Duty Retirement Program.
CREDIT(S)
HISTORY: 1982 c 211, § 2, eff. 7-15-82
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.490
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.490 Competitive examinations for employees--Repealed
CREDIT(S)
HISTORY: 1960 c 63, § 26, eff. 7-1-60; 1956 c 101, § 25
Current through the end of 2012 Regular Session and the 2012 First Extraordinary Session.
KRS § 439.500
Effective:[See Text Amendments]
Baldwin's Kentucky Revised Statutes Annotated Currentness
Title XL. Crimes and Punishments
Chapter 439. Probation and Parole (Refs & Annos)
439.500 Prohibited activities of probation and parole officers
(1) No probation or parole officer of the department shall:
(a) Use his office to influence elections, or to influence the political action of any person;
(b) Serve as a member of the campaign committee of any political party;
(c) Interfere with or participate in the preparation for any election, or the conduct thereof at the polling place, or with the election officers while they are performing their duties;
(d) Be in any manner concerned in