KRS 500 Study Guide.docx

**[KRS STUDY GUIDE 500s]** **[Abbreviations]** Serious physical injury -- SPI Physical injury -- PI Deadly weapon -- DW Dangerous instrument -- DI Probable cause -- PC Extreme emotional disturbance -- EED Weapon of mass destruction - WMD **KRS Chapter 500 -- General Provisions** - **500....

**[KRS STUDY GUIDE 500s]** **[Abbreviations]** Serious physical injury -- SPI Physical injury -- PI Deadly weapon -- DW Dangerous instrument -- DI Probable cause -- PC Extreme emotional disturbance -- EED Weapon of mass destruction - WMD **KRS Chapter 500 -- General Provisions** - **500.50 Time limitations** - No statute of limitations for a felony, one year for misdemeanors - For a misdemeanor offense under KRS 510 (Sexual Offenses) ***when the victim is under the age of 18 at the time of the offense, the prosecution of the offense shall be commenced within 5 years after the victim turns 18***. - **500.070 Burden of proof \-- Defenses. -- See KRS Appendix** - The Commonwealth has the burden of proving every element of the case beyond a reasonable doubt, except as provided in subsection (3). This provision, however, does not require disproof of any element that is entitled a \"defense,\" as that term is used in this code, unless the evidence tending to support the defense is of such probative force that in the absence of countervailing evidence the defendant would be entitled to a directed verdict of acquittal. (2) No court can require notice of a defense prior to trial time. (3) The defendant has the burden of proving an element of a case only if the statute which contains that element provides that the defendant may prove such element in exculpation of his conduct. - **500.080 (Selected) Definitions for Kentucky Penal Code.** - **DI** means any instrument, including parts of the human body when a SPI is a direct result of the use of that part of the human body, article, or substance which, under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or SPI - **DW** means any of the following: - WMD; - Any weapon from which a shot, readily capable of producing death or other SPI, may be discharged; - Any knife other than an ordinary pocket knife or hunting knife; - Billy, nightstick, or club; - Blackjack or slapjack; - Nunchaku karate sticks; - Shuriken or death star; or - Artificial knuckles made from metal, plastic, or other similar hard material - **Felony** means an offense for which a sentence to a term of imprisonment of at least 1 year in the custody of the Department of Corrections may be imposed - **Government** means the United States, any state, county, municipality, or other political unit, or any department, agency, or subdivision of any of the foregoing, ***or any corporation or other association carrying out the functions of government*** - **Law** includes statutes, ordinances, and properly adopted regulatory provisions. Unless the context otherwise clearly requires, ***\"law\" also includes the common law*** - **Misdemeanor** means an offense, other than a traffic infraction, for which a sentence to a term of imprisonment of not more than twelve (12) months can be imposed - **Person** means a human being, and where appropriate, ***a public or private corporation, an unincorporated association, a partnership, a government, or a governmental authority*** - **PI** means substantial physical pain or any impairment of physical condition - **SPI** means PI which creates a substantial risk of death, or which causes serious and prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of any bodily organ. - ***For a child twelve (12) years of age or less at the time of the injury, a SPI includes but is not limited to the following:*** - Bruising near the eyes, or on the head, neck, or lower back overlying the kidneys; - Any bruising severe enough to cause underlying muscle damage as determined by elevated creatine kinase levels in the blood; - Any bruising or soft tissue injury to the genitals that affects the ability to urinate or defecate; - Any testicular injury sufficient to put fertility at risk; - Any burn near the eyes or involving the mouth, airway, or esophagus; - Any burn deep enough to leave scarring or dysfunction of the body; - Any burn requiring hospitalization, debridement in the operating room, IV fluids, intubation, or admission to a hospital\'s intensive care unit; - Rib fracture; - Scapula or sternum fractures; - Any broken bone that requires surgery; - Head injuries that result in intracranial bleeding, skull fracture, or brain injury; - A concussion that results in the child becoming limp, unresponsive, or results in seizure activity; - Abdominal injuries that indicate internal organ damage regardless of whether surgery is required; - Any injury requiring surgery; - Any injury that requires a blood transfusion; and - Any injury requiring admission to a hospital\'s critical care unit - **Violation** means an offense, **other than a traffic infraction**, for which a sentence to a fine only can be imposed - **WMD** means: - Any destructive device (KRS 237.030), but not fireworks Any weapon that is designed or intended to cause death or SPI through poisonous chemicals or their precursors; - Any weapon involving a disease organism; or - Any weapon that is designed to release radiation or radioactivity at a level dangerous to human life. **KRS Chapter 501 -- General Principles of Liability** - **501.010 (Selected) Definitions.** - Culpable mental state\" means \"intentionally\" or \"knowingly\" or \"wantonly\" or \"recklessly,\" - **501.020 Definition of mental states.** - **Intentionally** - when his ***objective is to cause*** that result or to engage in that conduct. - **Knowingly** - when ***he is aware that his conduct is of that nature*** or that the circumstance exists. - **Wantonly** - when he is ***aware of and consciously disregards*** a substantial and unjustifiable risk that the result will occur or that the circumstance exists. A person who creates such a risk but is unaware thereof solely by reason of voluntary intoxication also acts wantonly with respect thereto. - **Recklessly** - when he ***fails to perceive a substantial*** and unjustifiable risk that the result will occur or that the circumstance exists. - **501.030 Criminal liability. --** - A person is not guilty of a criminal offense unless: (1) He has engaged in conduct which includes a voluntary act or the omission to perform a duty which the law imposes upon him and which he is physically capable of performing; and (2) He has engaged in such conduct intentionally, knowingly, wantonly or recklessly as the law may require, with respect to each element of the offense, except that this requirement does not apply to any offense which imposes absolute liability, as defined in KRS 501.050. - **501.040 Culpability \-- Construction of statutes --** - Although no culpable mental state is expressly designated in a statute defining an offense, a culpable mental state may nevertheless be required for the commission of such offense, or with respect to some or all of the material elements thereof, if the proscribed conduct necessarily involves such culpable mental state. - **501.050 Absolute liability.** - A person may be guilty of an offense without having one (1) of the culpable mental states defined in KRS 501.020 only when: - It is a violation or ***a misdemeanor*** and ***no particular culpable mental state is included within the definition*** - The offense is defined by a statute other than this Penal Code and the statute clearly indicates ***a legislative purpose*** to impose absolute liability for the conduct described - **501.100 Offense against a vulnerable victim.** - A person may be charged with committing an offense against a vulnerable victim in a continuing course of conduct if the unlawful act was committed against the same person two (2) or more times over a specified period of time. - If a person is charged as committing the crime in a continuing course of conduct, the indictment shall clearly charge that the crime was committed in a continuing course of conduct. - To convict a person of an offense against a vulnerable victim in a continuing course of conduct, the jury shall unanimously agree that two (2) or more acts in violation of the same statute occurred during the specified period of time. The jury need not agree on which specific acts occurred. **KRS Chapter 503 -- General Principles of Justification** - **503.010 (Selected) Definitions for chapter.** - **Deadly physical force** means force which is used with the purpose of causing death or ***SPI*** or which the defendant knows to create a substantial risk of causing death or ***SPI.*** - **Dwelling** means a building or conveyance of any kind, including ***any attached porch***, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, ***including a tent***, and is designed to be occupied by people lodging therein at night. - **Imminent** means impending danger, and**, *in the context of domestic violence*** and abuse as defined by KRS 403.720, belief that danger is imminent ***can be inferred from a past pattern of repeated serious abuse.*** - **Residence** means a dwelling in which a person resides either temporarily or permanently or is ***visiting as an invited guest***. - **Vehicle** means a conveyance of any kind, ***whether or not motorized***, which is designed to transport people or property. - **503.020 Justification \-- A defense. --** - In any prosecution for an offense, justification, as defined in this chapter, is a defense. - **503.030 Choice of evils. --** - Unless inconsistent with the ensuing sections of this code defining justifiable use of physical force or with some other provisions of law, conduct which would otherwise constitute an offense is justifiable when the defendant believes it to be necessary to avoid an imminent public or private injury greater than the injury which is sought to be prevented by the statute defining the offense charged, except that no justification can exist under this section for an intentional homicide. (2) When the defendant believes that conduct which would otherwise constitute an offense is necessary for the purpose described in subsection (1), but is wanton or reckless in having such belief, or when the defendant is wanton or reckless in bringing about a situation requiring the conduct described in subsection (1), the justification afforded by this section is unavailable in a prosecution for any offense for which wantonness or recklessness, as the case may be, suffices to establish culpability. - **503.040 Execution of public duty. --** - Unless inconsistent with the ensuing sections of this code defining justifiable use of physical force or with some other provisions of law, conduct which would otherwise constitute an offense is justifiable when it is required or authorized by a provision of law imposing a public duty or by a judicial decree. (2) The justification afforded by subsection (1) applies when: (a) The defendant believes his conduct to be required or authorized by the judgment or direction of a competent court or tribunal or in the lawful execution of legal process, notwithstanding lack of jurisdiction of the court or defect in the legal process; or (b) The defendant believes his conduct to be required or authorized to assist a public officer in the performance of his duties, notwithstanding that the officer exceeded his legal authority. - **503.050 Use of physical force in self-protection** \-- Admissibility of evidence of prior acts of domestic violence and abuse. - The use of physical force by a defendant upon another person is justifiable when the defendant believes that such force is necessary to protect himself against the use or imminent use of unlawful physical force by the other person. (2) - The use of deadly physical force by a defendant upon another person is justifiable under subsection (1) only when the defendant believes that such force is necessary to protect himself against death, serious physical injury, kidnapping, sexual intercourse compelled by force or threat, felony involving the use of force, or under those circumstances permitted pursuant to KRS 503.055. - \(3) Any evidence presented by the defendant to establish the existence of a prior act or acts of domestic violence and abuse as defined in KRS 403.720 by the person against whom the defendant is charged with employing physical force shall be admissible under this section. - \(4) A person does not have a duty to retreat prior to the use of deadly physical force. - **503.055 Use of defensive force regarding dwelling, residence, or occupied vehicle - Exceptions.** - When using defensive (deadly) force, a person is presumed to have a reasonable fear of death or injury to himself or others when: - The person against whom the defensive force was used was in the process of, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person\'s will from the dwelling, residence, or occupied vehicle; - The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred. - The above does not apply if: - The person against whom the defensive force is used has the right to be in or is a lawful occupant resident and there is not a protective order or court order of no contact. - The person sought to be removed is in the lawful custody of the person against whom the defensive force is used (such as a child who they have custody of) - The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or - The person against whom the defensive force is used is a peace officer in the performance of his or her official duties, and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person entering or attempting to enter was a peace officer. - A person who is not engaged in an unlawful activity and who is attacked in any other place where he has a right to be ***has no duty to retreat*** and has the right to stand his or her ground and meet force with force, including deadly force, if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or another or to prevent the commission of a felony involving the use of force. - **503.060 Improper use of physical force in self-protection. --** - Notwithstanding the provisions of KRS 503.050, the use of physical force by a defendant upon another person is not justifiable when: - \(1) The defendant is resisting an arrest by a peace officer, recognized to be acting under color of official authority and using no more force than reasonably necessary to effect the arrest, although the arrest is unlawful; or - \(2) The defendant, with the intention of causing death or serious physical injury to the other person, provokes the use of physical force by such other person; or - \(3) The defendant was the initial aggressor, except that his use of physical force upon the other person under this circumstance is justifiable when: (a) His initial physical force was nondeadly and the force returned by the other is such that he believes himself to be in imminent danger of death or serious physical injury; or (b) He withdraws from the encounter and effectively communicates to the other person his intent to do so and the latter nevertheless continues or threatens the use of unlawful physical force. - **503.070 Protection of another. --** - \(1) The use of physical force by a defendant upon another person is justifiable when: (a) The defendant believes that such force is necessary to protect a third person against the use or imminent use of unlawful physical force by the other person; and (b) Under the circumstances as the defendant believes them to be, the person whom he seeks to protect would himself have been justified under KRS 503.050 and 503.060 in using such protection. - \(2) The use of deadly physical force by a defendant upon another person is justifiable when: (a) The defendant believes that such force is necessary to protect a third person against imminent death, serious physical injury, kidnapping, sexual intercourse compelled by force or threat, or other felony involving the use of force, or under those circumstances permitted pursuant to KRS 503.055; and (b) Under the circumstances as they actually exist, the person whom he seeks to protect would himself have been justified under KRS 503.050 and 503.060 in using such protection. - \(3) A person does not have a duty to retreat if the person is in a place where he or she has a right to be. - **503.080 Protection of property.** - \(1) The use of physical force by a defendant upon another person is justifiable when the defendant believes that such force is immediately necessary to prevent: (a) The commission of criminal trespass, robbery, burglary, or other felony involving the use of force, or under those circumstances permitted pursuant to KRS 503.055, in a dwelling, building or upon real property in his possession or in the possession of another person for whose protection he acts; or (b) Theft, criminal mischief, or any trespassory taking of tangible, movable property in his possession or in the possession of another person for whose protection he acts. - \(2) The use of deadly physical force by a defendant upon another person is justifiable under subsection (1) only when the defendant believes that the person against whom such force is used is: (a) Attempting to dispossess him of his dwelling otherwise than under a claim of right to its possession; or (b) Committing or attempting to commit a burglary, robbery, or other felony involving the use of force, or under those circumstances permitted pursuant to KRS 503.055, of such dwelling; or (c) Committing or attempting to commit arson of a dwelling or other building in his possession. - \(3) A person does not have a duty to retreat if the person is in a place where he or she has a right to be. - **503.085 Justification and criminal and civil immunity for use of permitted force \-- Exceptions.** - A person who uses force as permitted in KRS 503.050, 503.055, 503.070, and 503.080 is justified in using such force and ***is immune from criminal prosecution*** and civil action (unless the person against whom the force was used is a peace officer), the term \"***criminal prosecution\" includes arresting, detaining in custody, and charging or prosecuting the defendant.*** - The court shall award reasonable attorney\'s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff, if the court finds that the defendant is immune from prosecution - **503.090 Use of physical force in law enforcement. --** - \(1) The use of physical force by a defendant upon another person is justifiable when the defendant, acting under official authority, is making or assisting in making an arrest, and he: (a) Believes that such force is necessary to effect the arrest; (b) Makes known the purpose of the arrest or believes that it is otherwise known or cannot reasonably be made known to the person to be arrested; and (c) Believes the arrest to be lawful. - \(2) The use of deadly physical force by a defendant upon another person is justifiable under subsection (1) only when: (a) The defendant, in effecting the arrest, is authorized to act as a peace officer; and (b) The arrest is for a felony involving the use or threatened use of physical force likely to cause death or serious physical injury; and (c) The defendant believes that the person to be arrested is likely to endanger human life unless apprehended without delay. - \(3) The use of physical force, including deadly physical force, by a defendant upon another person is justifiable when the defendant is preventing the escape of an arrested person and when the force could justifiably have been used to effect the arrest under which the person is in custody, except that a guard or other person authorized to act as a peace officer is justified in using any force, including deadly force, which he believes to be necessary to prevent the escape of a person from jail, prison, or other institution for the detention of persons charged with or convicted of a crime - **503.100 Prevention of a suicide or crime. --** - The use of physical force by a defendant upon another person is justifiable when the defendant believes that such force is immediately necessary to prevent such other person from: (a) Committing suicide or inflicting serious physical injury upon himself; or (b) Committing a crime involving or threatening serious physical injury to person, substantial damage to or loss of property, or any other violent conduct. - \(2) The use of deadly physical force by a defendant upon another person is justifiable under subsection (1)(b) only when the defendant believes that the person whom he seeks to prevent from committing a crime is likely to endanger human life. - \(3) The limitations imposed on the justifiable use of force in self-protection by KRS 503.050 and 503.060, for the protection of others by KRS 503.070, for the protection of property by KRS 503.080, and for the effectuation of an arrest or the prevention of an escape by KRS 503.090 apply notwithstanding the criminality of the conduct against which such force is used. - **503.110 Use of force by person with responsibility for care, discipline, or safety of others. --** - \(1) The use of physical force by a defendant upon another person is justifiable when the defendant is a parent, guardian, or other person entrusted with the care and supervision of a minor or an incompetent person or when the defendant is a teacher or other person entrusted with the care and supervision of a minor, for a special purpose, and: (a) The defendant believes that the force used is necessary to promote the welfare of a minor or mentally disabled person or, if the defendant\'s responsibility for the minor or mentally disabled person is for a special purpose, to further that special purpose or maintain reasonable discipline in a school, class, or other group; and (b) The force that is used is not designed to cause or known to create a substantial risk of causing death, serious physical injury, disfigurement, extreme pain, or extreme mental distress. - \(2) The use of physical force by a defendant upon another person is justifiable when the defendant is a warden or other authorized official of a correctional institution, and: (a) The defendant believes that the force used is necessary for the purpose of enforcing the lawful rules of the institution; (b) The degree of force used is not forbidden by any statute governing the administration of the institution; and (c) If deadly force is used, its use is otherwise justifiable under this code. - \(3) The use of physical force by a defendant upon another person is justifiable when the defendant is a person responsible for the operation of or the maintenance of order in a vehicle or other carrier of passengers and the defendant believes that such force is necessary to prevent interference with its operation or to maintain order in the vehicle or other carrier, except that deadly physical force may be used only when the defendant believes it necessary to prevent death or serious physical injury. - \(4) The use of physical force by a defendant upon another person is justifiable when the defendant is a doctor or other therapist or a person assisting him at his direction, and: (a) The force is used for the purpose of administering a recognized form of treatment which the defendant believes to be adapted to promoting the physical or mental health of the patient; and (b) The treatment is administered with the consent of the patient or, if the patient is a minor or a mentally disabled person, with the consent of the parent, guardian, or other person legally competent to consent in his behalf, or the treatment is administered in an emergency when the defendant believes that no one competent to consent can be consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent. - **503.120 Justification \-- General provisions**. - \(1) When the defendant believes that the use of force upon or toward the person of another is necessary for any of the purposes for which such belief would establish a justification under KRS 503.050 to 503.110 but the defendant is wanton or reckless in believing the use of any force, or the degree of force used, to be necessary or in acquiring or failing to acquire any knowledge or belief which is material to the justifiability of his use of force, the justification afforded by those sections is unavailable in a prosecution for an offense for which wantonness or recklessness, as the case may be, suffices to establish culpability. - \(2) When the defendant is justified under KRS 503.050 to 503.110 in using force upon or toward the person of another, but he wantonly or recklessly injures or creates a risk of injury to innocent persons, the justification afforded by those sections is unavailable in a prosecution for an offense involving wantonness or recklessness toward innocent persons. **KRS Chapter 506 -- Inchoate Offenses** - **506.010 Criminal attempt.** - A person is guilty of attempt when: - Acts with the culpability otherwise required for the crime and intentionally engages (or omits) in any act (including a "substantial step") planned to culminate in the commission of the crime. - The act or omission must leave no doubt as to the intention to commit the crime - This can include aiding another person in attempting to commit a crime regardless if the crime was committed. - A criminal attempt is a: - Class C felony when the crime attempted is a violation of KRS 521.020 (Bribery of a Public Servant) or 521.050 (Providing for a Pecuniary Benefit for Bribery of a Public Servant); - Class B felony when the crime attempted is a Class A felony or capital offense; - Class C felony when the crime attempted is a Class B felony; - Class A misdemeanor when the crime attempted is a Class C or D felony; - Class B misdemeanor when the crime attempted is a misdemeanor. - **506.020 Criminal attempt \-- Defense of renunciation. --** - \(1) In any prosecution for criminal attempt to commit a crime, it is a defense that, under circumstances manifesting a voluntary and complete renunciation of his criminal purpose, the defendant abandoned his effort to commit the crime and, if mere abandonment was insufficient to avoid the commission of the crime, took the necessary affirmative steps to prevent its commission. - \(2) A renunciation is not \"voluntary and complete\" within the meaning of this section if it is motivated in whole or in part by: (a) A belief that circumstances exist which pose a particular threat of apprehension or detection of the accused or another participant in the criminal enterprise or which render more difficult the accomplishment of the criminal purpose; or (b) A decision to postpone the criminal conduct until another time or to transfer the criminal effort to another victim or another but similar object. - **506.030 Criminal solicitation.** - With the intent of promoting or facilitating the commission of a crime, he commands or encourages another person to engage in specific conduct which would constitute that crime. - Criminal solicitation is a: - Class C felony when the crime solicited is a violation of KRS 521.020 (Bribery of a Public Servant) or 521.050 (Providing for a Pecuniary Benefit for Bribery of a Public Servant); - Class B felony when the crime solicited is a Class A felony or capital offense; - Class C felony when the crime solicited is a Class B felony; - Class A misdemeanor when the crime solicited is a Class C or D felony; - Class B misdemeanor when the crime solicited is a misdemeanor. - **506.040 Criminal conspiracy.** - A person having the intention of promoting or facilitating the commission of a crime is guilty of criminal conspiracy when he: - Agrees with one or more persons that at least one of them will engage in conduct constituting that crime or an attempt or solicitation to commit such a crime; or - Agrees to aid one or more persons in the planning or commission of that crime or an attempt or solicitation to commit such a crime. - Except as provided in a specific statute to the contrary, a criminal conspiracy is a: - Class C felony when the conspiratorial agreement is a violation of KRS 521.020 (Bribery of a Public Servant) or 521.050 (Providing for a Pecuniary Benefit for Bribery of a Public Servant); - Class B felony when the conspiratorial agreement is a Class A felony or capital offense; - Class C felony when the conspiratorial agreement is a Class B felony; - Class A misdemeanor when the conspiratorial agreement is a Class C or D felony; - Class B misdemeanor when the conspiratorial agreement is a misdemeanor. - **506.050 Conspiracy \-- General provisions. --** - \(1) No person may be convicted of conspiracy to commit a crime unless an overt act in furtherance of the conspiracy is alleged and proved to have been committed by one (1) of the conspirators. - \(2) A person who conspires to commit more than one (1) crime, all of which are the object of the same agreement or continuous conspiratorial relationship, is guilty of only one (1) conspiracy. The classification of this crime under subsection (2) of KRS 506.040 shall be determined by the most serious offense which he is found guilty of conspiring to commit. - \(3) If a person guilty of conspiracy, as defined by KRS 506.040, knows that a person with whom he conspires to commit a crime has conspired with another person or persons to commit the same crime, he is guilty of conspiring to commit the crime with the other person or persons, whether or not he knows their identity. - \(4) No person may be convicted of conspiracy to commit a crime when an element of that crime is agreement with the person with whom he is alleged to have conspired or when that crime is so defined that his conduct is an inevitable incident to its commission. - **506.060 Criminal solicitation or conspiracy \-- Defense of renunciation. --** - \(1) In any prosecution for criminal solicitation or criminal conspiracy in which the crime solicited or the crime contemplated by the conspiracy was not in fact committed, it is a defense that, under circumstances manifesting a voluntary and complete renunciation of his criminal purpose, the defendant prevented the commission of the crime. - \(2) A renunciation is not \"voluntary and complete\" within the meaning of this section when it is motivated in whole or in part by: (a) A belief that circumstances exist which pose a particular threat of apprehension or detection of the accused or another participant in the criminal enterprise or which render more difficult the accomplishment of the criminal purpose; or (b) A decision to postpone the criminal conduct until another time or to transfer the criminal effort to another victim or another but similar object. - **506.070 Incapacity of solicitee or co-conspirator --** - \(1) It is no defense to a prosecution for criminal solicitation that the person solicited could not be guilty of the crime solicited because of: (a) Criminal irresponsibility or other legal incapacity or exemption; or (b) Unawareness of the criminal nature of the conduct solicited or of the defendant\'s criminal purpose; or (c) Any other factor precluding the mental state required for the commission of the crime solicited. - \(2) It is no defense to a prosecution for criminal conspiracy that a co-conspirator could not be guilty of the conspiracy or the crime contemplated by the conspiracy because of: (a) Criminal irresponsibility or other legal incapacity or exemption; or (b) Unawareness of the criminal nature of the conspiracy or the conduct contemplated by the conspiracy or of the defendant\'s criminal purpose; or (c) Any other factor precluding the mental state required for the commission of the conspiracy or the crime contemplated by the conspiracy. - \(3) A defendant cannot be convicted of conspiracy if all of his co-conspirators have been acquitted or discharged under circumstances amounting to an acquittal. - **506.060 Criminal solicitation or conspiracy --** - \(1) In any prosecution for criminal solicitation or criminal conspiracy in which the crime solicited or the crime contemplated by the conspiracy was not in fact committed, it is a defense that, under circumstances manifesting a voluntary and complete renunciation of his criminal purpose, the defendant prevented the commission of the crime. - \(2) A renunciation is not \"voluntary and complete\" within the meaning of this section when it is motivated in whole or in part by: (a) A belief that circumstances exist which pose a particular threat of apprehension or detection of the accused or another participant in the criminal enterprise or which render more difficult the accomplishment of the criminal purpose; or (b) A decision to postpone the criminal conduct until another time or to transfer the criminal effort to another victim or another but similar object. - **506.070 Incapacity of solicitee or co-conspirator.** - \(1) It is no defense to a prosecution for criminal solicitation that the person solicited could not be guilty of the crime solicited because of: (a) Criminal irresponsibility or other legal incapacity or exemption; or (b) Unawareness of the criminal nature of the conduct solicited or of the defendant\'s criminal purpose; or (c) Any other factor precluding the mental state required for the commission of the crime solicited. - \(2) It is no defense to a prosecution for criminal conspiracy that a co-conspirator could not be guilty of the conspiracy or the crime contemplated by the conspiracy because of: (a) Criminal irresponsibility or other legal incapacity or exemption; or (b) Unawareness of the criminal nature of the conspiracy or the conduct contemplated by the conspiracy or of the defendant\'s criminal purpose; or (c) Any other factor precluding the mental state required for the commission of the conspiracy or the crime contemplated by the conspiracy. - \(3) A defendant cannot be convicted of conspiracy if all of his co-conspirators have been acquitted or discharged under circumstances amounting to an acquittal. - **506.080 Criminal facilitation.** - A person is guilty of criminal facilitation when, acting with knowledge that another person is committing or intends to commit a crime, he engages in conduct which knowingly provides such person with means or opportunity for the commission of the crime and which in fact aids such person to commit the crime. - Criminal facilitation is a: - Class D felony when the crime facilitated is a Class A or Class B felony or capital offense; - Class A misdemeanor when the crime facilitated is a Class C or Class D felony; - Class B misdemeanor when the crime facilitated is a misdemeanor. - **506.090 Criminal facilitation \-- No defense. --** - In any prosecution for criminal facilitation, it is no defense that: - \(1) The person facilitated could not be guilty of the crime facilitated because of criminal irresponsibility or other legal incapacity or exemption, unawareness of the criminal nature of the conduct facilitated, or any other factor precluding the mental state required for commission of the crime facilitated; or - \(2) The person facilitated has not been prosecuted for or convicted of the crime facilitated, or has been convicted of a different crime, or has an immunity to prosecution or conviction for such conduct; or - \(3) The crime facilitated can be committed only by a particular class or classes of persons, and the accused, not belonging to such class or classes, is for that reason legally incapable of committing the crime in an individual capacity - **506.100 Criminal facilitation \-- Exemptions. --** - A person is not guilty of criminal facilitation when: (1) The crime facilitated is so defined that his conduct is inevitably incident to its commission; or (2) Prior to the commission of the crime facilitated he makes a substantial effort to prevent the commission of that crime. - **506.110 Multiple convictions. --** - \(1) A person may not be convicted on the basis of the same course of conduct of both the actual commission of a crime and: (a) A criminal attempt to commit that crime; or (b) A criminal solicitation of that crime; or (c) A criminal facilitation of that crime; or (d) A conspiracy to commit that crime, except as provided in subsection (2) of this section. - \(2) A person may be convicted on the basis of the same course of conduct of both the actual commission of a crime and a conspiracy to commit that crime when the conspiracy from which the consummated crime resulted had as an objective of the conspiratorial relationship the commission of more than one (1) crime. - \(3) A person may not be convicted of more than one (1) of the offenses defined in KRS 506.010, 506.030, 506.040 and 506.080 for a single course of conduct designed to consummate in the commission of the same crime. - **506.120 Engaging in organized crime.** - A person, with the purpose to establish or maintain a criminal syndicate or to facilitate any of its activities, shall not do any of the following: - Organize or participate in organizing a criminal syndicate - Provide material aid to a criminal syndicate - Manage, supervise, or direct any of the activities of a criminal syndicate, - Knowingly furnish legal, accounting, or other managerial services to a criminal syndicate; - Commit, or conspire or attempt to commit, or act as an accomplice in the commission of ***more than one (1) theft*** of retail merchandise with the intent to resell the stolen merchandise - See material for additional but basically one should not be involved in organized crime and commit crime - Engaging in organized crime is Class B felony, - If it involves only the theft or acquisition of retail merchandise for the purpose of reselling it, it is a ***Class C felony.*** - ***As used in this section \"***criminal syndicate\" means three (3) or more persons, or, in cases of merchandise theft from a retail store for the purpose of reselling the stolen merchandise***, two (2) or more persons***, collaborating to promote or engage in any of the following on a continuing basis: - Extortion or coercion - Engaging in, promoting, or permitting prostitution or human trafficking - Any theft offense - Any gambling offense - Illegal trafficking in controlled substances or in intoxicating liquor - Trafficking destructive devices or booby traps as defined in KRS Chapter 237; or - Lending at usurious interest, and enforcing repayment by illegal means - **506.135 Definitions for chapter. As used in this chapter:** - \(1) \"Criminal gang\" means any alliance, network, conspiracy, or group that: (a) Consists of three (3) or more persons who have any of the following in common: 1. Name; 2. Identifying hand signal or sign; 3. Colors; 4. Symbols; 5. Geographical location; or 6. Leader; (b) Has been identified or prosecuted as a gang by the Commonwealth, or another state or any federal law enforcement agency; and (c) Has two (2) or more members who, individually or collectively, through its members or actions of its members engage in or have engaged in a pattern of criminal activity. \"Criminal gang\" does not include fraternal organizations, unions, corporations, associations, or similar entities, unless organized for the primary purpose of engaging in criminal activity; and - \(2) \"Pattern of criminal gang activity\" means acts performed on separate occasions within a five (5) year period by any member or members of a criminal gang for the commission, attempt, or solicitation of, or conspiracy to commit: (a) Two (2) or more felony offenses; (b) Three - \(3) or more of the misdemeanor offenses enumerated in KRS 506.160; or (c) A combination of at least: 1. One (1) felony offense; and 2. One (1) of the misdemeanor offenses enumerated in KRS 506.160. - **506.140 Criminal gang recruitment \-- Definitions for chapter.** - A person is guilty of criminal gang recruitment when he solicits or entices another person to join a criminal gang, or intimidates or threatens another person because the other person: - Refuses to join a criminal gang, quits or attempts to quit, or refuses to submit to a demand - As used in this chapter: - **Criminal gang** means three (3) or more persons with an established hierarchy that engages in a continuing pattern of criminal activity. - **Continuing pattern of criminal activity** means ***a conviction*** by any member or members of a criminal gang for the commission, attempt, or solicitation ***of two or more felony offenses***, the commission ***of two or more violent misdemeanor offenses*** ( or a combination) on separate occasions ***within a two year period*** for the ***purpose of furthering gang activity.*** - **Violent misdemeanor** offense means Assault 4^th^, Menacing, Wanton Endangerment 2^nd^, Terroristic Threatening 3^rd^, Criminal Abuse 3^rd^, Stalking 2^nd^, Unlawful Imprisonment 2^nd^, and Criminal Coercion - Class A misdemeanor for the first offense, Class D felony for a second or more - **506.150 Criminal gang activity or recruitment \-- Actions not constituting defenses.** - To establish the existence of a \"criminal gang\" the below evidence is admissible: - Self-proclamation - A common name, insignia, flag, or means of recognition - Common identifying hand or body signs, signals, or code - A common identifying form of dress - An identifying tattoo - Membership, age, or other qualifications - Creed of belief - An organizational structure - A de facto claim of territory - An initiation ritual - A concentration or specialty - A method of operation or criminal enterprise. - It is no defense to prosecution that *(selected items only, see KRS for full list):* - One or more members of the gang are not criminally responsible for the offense - One or more members of the gang have been acquitted, have not been prosecuted or convicted, - The participants may not know each other\'s identity - Once the initial combination of five (5) or more persons is formed, the number or identity of persons remaining in the gang is immaterial as long as four (4) or more persons in the gang, excluding the defendant, are involved in a continuing pattern of criminal activity as defined in KRS 506.140 - **506.170 Enhancement of penalty and minimum service of sentence for conviction of criminal gang-related felonies resulting in risk of physical injury, serious physical injury, or death \-- Application to juveniles and persistent felony offenders.** - \(1) Other provisions of law notwithstanding, a person shall be penalized one (1) class more severely than provided in the penalty provision pertaining to that felony offense, unless the reclassification would move the offense to a capital offense, and shall not be released on parole until he or she has served at least eighty-five percent (85%) of the sentence imposed, if that person: - \(a) Is convicted of an offense classified as a felony under any provision of the Kentucky Revised Statutes and for which the commission of the felony or felonies could or did place a member of the public at risk of physical injury, serious physical injury, or death; and - \(b) At the time of the commission of the offense or offenses was a member of a criminal gang as defined in KRS 506.135 and acting for the purpose of benefitting, promoting, or furthering the interests of a criminal gang or any individual member of a criminal gang. - \(2) This section shall not apply to a juvenile unless: - \(a) He or she has been transferred to Circuit Court as a youthful offender pursuant to KRS 640.010 and has on at least one (1) prior separate occasion been adjudicated a public offender for a felony offense; or - \(b) He or she is a violent offender, as defined in KRS 439.3401. - \(3) This section shall not apply in cases where the defendant is found to be a persistent felony offender under KRS 532.080. **KRS Chapter 507 -- Criminal Homicide** - **507.010 Definitions for chapter. --** - As used in this chapter: - \(1) \"Abuse\" has the same meaning as in KRS 508.090; - \(2) \"Criminal homicide\" means that a person is guilty of causing the death of another human being under circumstances which constitute murder, manslaughter in the first degree, manslaughter in the second degree, or reckless homicide; and - \(3) \"Physically helpless\" and \"mentally helpless\" have the same meaning as in KRS 508.090 - **507.020 Murder.** - With intent to cause the death of another person, he causes the death of such person or of a third person (except under the influence of EED with a reasonable explanation based on a reasonable person in similar circumstances, other charges, such as manslaughter 1^st^, may still apply) - Includes the operation of a motor vehicle under circumstances manifesting extreme indifference to human life, he wantonly engages in conduct which creates a grave risk of death to another person and causes the death of another person. - Capital offense. - **507.030 Manslaughter in the first degree.** - With ***intent to cause SPI*** to another person, he causes the death of such person or of a third person; - With intent to cause the death of another person, he causes ***a*** death under circumstances which do not constitute murder because he acts under the influence of EED - Through circumstances not otherwise constituting the offense of murder, he or she intentionally abuses another person or knowingly permits another person of whom he or she has actual custody to be abused and thereby causes death to a person twelve (12) years of age or less, or who is physically helpless or mentally helpless *(based on the definition this includes being unable to make contact with the police.)* - Class B felony. - **507.040 Manslaughter in the second degree.** - A person is guilty of manslaughter in the second degree when he wantonly causes the death of another person, including situations where the death results from the person\'s: - Operation of a motor vehicle - Leaving a child under eight years in a motor vehicle under circumstances which manifest an extreme indifference to human life and thereby causing the death of the child. - Distributes Schedule 1 or 2 controlled substance which is the proximate cause of death (Heroin OD) - Class C felony. - **507.050 Reckless homicide.** - A person is guilty of reckless homicide when, with recklessness he causes the death of another person. - Class D felony. - **507A.010 Definitions \-- Exceptions. -- See KRS Appendix (Abortion is legal)** - \(1) As used in this chapter: (a) \"Abortion\" has the same meaning as in KRS 311.720; (b) \"Health care provider\" has the same meaning as in KRS 304.17A-005; and (c) \"Unborn child\" means a member of the species homo sapiens in utero from conception onward, without regard to age, health, or condition of dependency. - \(2) In a prosecution for the death of an unborn child, nothing in this chapter shall apply to acts performed by or at the direction of a health care provider that cause the death of an unborn child if those acts were committed: (a) During any abortion for which the consent of the pregnant woman has been obtained or for which the consent is implied by law in a medical emergency; or (b) As part of or incident to diagnostic testing or therapeutic medical or fertility treatment, provided that the acts were performed with that degree of care and skill which an ordinarily careful, skilled, and prudent health care provider or a person acting under the provider\'s direction would exercise under the same or similar circumstances. - \(3) Nothing in this chapter shall apply to any acts of a pregnant woman that caused the death of her unborn child. - **507A.020 Fetal homicide in the first degree.** - With intent to cause the death of an unborn child or with the intent necessary to commit Murder, he causes the death of an unborn child (except under the influence of EED with a reasonable explanation based on a reasonable person in similar circumstances, other charges, such as Fetal Homicide 2^nd^, may still apply) - Including but not limited to the operation of a motor vehicle under circumstances manifesting extreme indifference to human life, he wantonly engages in conduct which causes the death of an unborn child. - Capital offense. - **507A.030 Fetal homicide in the second degree.** - With ***intent to cause SPI to an unborn*** ***child*** he causes the death of an unborn child - With intent to cause the death of another person, he causes the death under circumstances which do not constitute fetal homicide 1^st^ because he acts under the influence of EED - Class B felony. - **507A.040 Fetal homicide in the third degree.** - A person is guilty when he ***wantonly*** causes the death of an unborn child - Class C felony. - **507A.050 Fetal homicide in the fourth degree.** - A person is guilty when***, with recklessness***, he causes the death of an unborn child. - Class D felony. - **507A.060 Death sentence prohibited. -- See KRS Appendix (*basically death sentence not allowed in fetal homicide*)** **KRS Chapter 508 -- Assault and Related Offenses** - **508.010 Assault in the first degree.** - Intentionally causes SPI to another person by means of a DW or a DI - Under circumstances manifesting extreme indifference to the value of human life he wantonly engages in conduct which creates a grave risk of death to another and thereby causes SPI to another person. - Class B felony. - **508.020 Assault in the second degree.** - He intentionally causes SPI to another person - He intentionally causes PI to another person by means of a DW or a DI; or - He wantonly causes SPI to another person by means of a DW or a DI. - Class C felony - **508.025 Assault in the third degree.** - Recklessly, with a DW or DI, or intentionally causes or attempts to cause PI to - A peace officer; - An employee of a detention facility or state residential treatment facility (including juvenile facilities) - A Social Worker employed by DCBS (while performing their duties) - Emergency medical services personnel (while performing their duties) - Fire Department personnel (while performing their duties) - Rescue squad personnel affiliated with the Division of Emergency Management of the Department of Military Affairs or a local disaster and emergency services organization, (while performing their duties) - A probation and parole officer - A transportation officer appointed by a government body to transport inmates when the county jail or county correctional facility is closed (while performing their duties) - A school teacher or employee (while performing their duties) - A school volunteer (while performing their duties) - Being a person confined in a detention facility or state residential treatment facility (including juvenile facilities) throws or causes feces or bodily fluid to be thrown upon an employee of the facility. - Class D felony. - **508.030 Assault in the fourth degree.** - He intentionally or wantonly causes PI to another person - With recklessness he causes PI to another person by means of a DW or a DI. - Class A misdemeanor. - **508.032 Assault of family member or member of an unmarried couple - Enhancement of penalty.** - **Under assault 4^th^ (DV), the third or greater offense may be charged as a Class D felony** - **The five year period starts the date of the first assault of which convicted** - **508.040 Assault under EED.** - In any prosecution under Assault 1^st^, 2^nd^, or 4^th^ in which intentionally causing PI or SPI is an element of the offense, the defendant may establish in mitigation that he acted under the influence of EED - An assault committed under the influence of EED is a D felony when Assault 1^st^ or 2^nd^ and a B misdemeanor when Assault 4^th^ - **508.050 Menacing.** - He intentionally places a person in reasonable apprehension of imminent PI. - Class B misdemeanor. - **508.060 Wanton endangerment in the first degree.** - **U**nder circumstances manifesting extreme indifference to the value of human life, he wantonly engages in conduct which creates a substantial danger of death or SPI to another person. - Class D felony. - **508.070 Wanton endangerment in the second degree.** - He wantonly engages in conduct which creates a substantial danger of PI to another person. - Class A misdemeanor. - **508.075 Terroristic threatening in the first degree.** - Intentionally ***makes false statements*** that he or she or another person has placed a WMD on: - The property of any school (including vocational) or university - A school vehicle (including leased) - The site of an official school-sanctioned function - The any building owned or leased by a government agency - Intentionally and without lawful authority, ***places a counterfeit*** WMD at any of the above locations - Class C felony. - **508.078 Terroristic threatening in the second degree.** - With respect to a school function, intentionally threatens to commit any act likely to result in death or SPI to any person to on school property or at a school sanctioned activity, ***if the threat is related*** to their employment by a school, work or attendance at school, or a school function. The threat ***does not need to be against a specific person***. - Makes false statements that he or she has placed a WMD at any location other than one specified in Terroristic Threatening 1^st^ - Without lawful authority places a counterfeit WMD at any location other than one specified in Terroristic Threatening 1^st^ - Class D felony. - **508.080 Terroristic threatening in the third degree.** - Threatens to commit any crime likely to result in death or SPI or likely to result in substantial property damage to a person - He intentionally makes false statements for the purpose of causing evacuation of a building, place of assembly, or facility of public transportation. - Class A misdemeanor. - **508.090 (Selected) Definitions for KRS 508.100 to 508.120.** - **Physically helpless** and **mentally helpless** means a person who lacks substantial capacity to defend himself or solicit protection from law enforcement agencies. - **508.100 Criminal abuse in the first degree.** - Intentionally abuses a person or permits a person of whom he has custody to be abused and thereby: - Causes SPI; or - Places him in a situation that may cause him SPI; or - Causes torture, cruel confinement or cruel punishment; - And the person is 12 years of age or less, or who is physically or mentally helpless. - Class C felony. - **508.110 Criminal abuse in the second degree.** - **The same elements as Criminal Abuse 1^st^, except the mental state is wanton** - **Class D felony** - **508.210 Criminal abuse in the third degree.** - **The same elements as Criminal Abuse 1^st^, except the mental state is reckless** - **Class A misdemeanor** - **508.130 Definitions for KRS 508.130 to 508.150. --** - As used in KRS 508.130 to 508.150, unless the context requires otherwise: - \(1) (a) To \"stalk\" means to engage in an intentional course of conduct: 1. Directed at a specific person or persons; 2. Which seriously alarms, annoys, intimidates, or harasses the person or persons; and 3. Which serves no legitimate purpose. (b) The course of conduct shall be that which would cause a reasonable person to suffer substantial mental distress. - \(2) \"Course of conduct\" means a pattern of conduct composed of two (2) or more acts, evidencing a continuity of purpose. One (1) or more of these acts may include the use of any equipment, instrument, machine, or other device by which communication or information is transmitted, including computers, the Internet or other electronic network, cameras or other recording devices, telephones or other personal communications devices, scanners or other copying devices, and any device that enables the use of a transmitting device. Constitutionally protected activity is not included within the meaning of \"course of conduct.\" If the defendant claims that he was engaged in constitutionally protected activity, the court shall determine the validity of that claim as a matter of law and, if found valid, shall exclude that activity from evidence. - \(3) \"Protective order\" means: (a) An emergency protective order or domestic violence order issued under KRS 403.715 to 403.785; (b) A foreign protective order, as defined in KRS 403.720 and 456.010; (c) An order issued under KRS 431.064; (d) A restraining order issued in accordance with KRS 508.155; (e) An order of protection as defined in KRS 403.720 and 456.010; and (f) Any condition of a bond, conditional release, probation, parole, or pretrial diversion order designed to protect the victim from the offender - **508.140 Stalking in the first degree.** - When he intentionally: - Stalks another person; and - Makes an explicit or implicit threat with the intent to place that person in reasonable fear of: - Sexual contact - SPI; or - Death - And - A protective order has been issued and served (or given notice) - A criminal complaint is currently pending for the same victim and the defendant has been served with a summons or warrant or has been given actual notice; or - The defendant has been convicted of or pled guilty within the previous five years to a Class A misdemeanor (or higher) against the same victim; or - The act or acts were committed while the defendant had a DW on ***or about*** his person. - Class D felony. - **508.150 Stalking in the second degree.** - When he intentionally: - Stalks another person; and - Makes an explicit or implicit threat with the intent to place that person in reasonable fear of: - Sexual contact - SPI; or - Death - Class A misdemeanor - **508.155 Restraining order or interpersonal protective order to be issued upon violation of KRS 508.140 or 508.150 (Stalking 1^st^ and 2^nd^) -- Long, See KRS Appendix for full version** - As of 01/01/2016 a verdict or plea of guilty to stalking 1^st^ or 2^nd^ will operate as an application for an IPO unless the victim request otherwise - The order may be effective for, and renewed in, increments ***up to 10 years*** - Unless convicted of a felony, or otherwise ineligible, the defendant ***is allowed to*** purchase/possess firearms - **508.160 Disarming a peace officer \-- Penalty \-- Applicability. -- See KRS Appendix** - **Class D felony** - **508.170 Strangulation in the first degree** - **Without consent, intentionally impedes normal breathing or circulation of blood of another person by:** - **Applying pressure on the throat or neck of other person or** - **Blocking the nose or mouth of other person** - **Class C Felony** - **508.175 Strangulation in the second degree** - **Same as first, but mental state is *wanton*** - **Class D Felony** **KRS Chapter 509 -- Kidnapping and Related Offenses** - **509.010 Definitions.** - **Relative** means a parent, ancestor, brother, sister, uncle or aunt. - **Restrain** means to restrict another person\'s movements as to cause a substantial interference with his liberty by moving him from one place to another or by confining him in a place without consent. "Without consent" means by physical force, intimidation, or deception, or by any means, ***including acquiescence of a victim, if he is under the age of 16 years,*** or is incapable of appraising or controlling his own behavior. - **509.020 Unlawful imprisonment in the first degree.** - Knowingly and unlawfully restrains another person under circumstances which expose that person to a risk of SPI. - Class D felony - **509.030 Unlawful imprisonment in the second degree.** - Knowingly and unlawfully restrains another person - Class A misdemeanor - **509.040 Kidnapping.** - Unlawfully restrains another person with the intent to: - To hold for ransom or reward; or - To accomplish or to advance a felony; or - To inflict bodily injury or to terrorize the victim or another; or - To interfere with the performance of a governmental or political function; or - To use him as a shield or hostage; or - To deprive the parents or guardian of the custody of a minor, when the person taking the minor is not a person exercising custodial control - **Class B felony** when the victim is released alive and in a safe place prior to trial - **Class A felony** when the victim is released alive but the victim has suffered SPI during the kidnapping, or as a result of not being released in a safe place, or as a result of being released in any circumstances which are intended, known or should have been known to cause or lead to SPI. - **Capital offense** when the victim is not released alive or when the victim is released alive but subsequently dies as a result of SPI suffered during the kidnapping, not being released in a safe place, being released in any circumstances which are intended, known or should have been known to cause or lead to the victim\'s death. - **509.050 Exemption. --** - A person may not be convicted of unlawful imprisonment in the first degree, unlawful imprisonment in the second degree, or kidnapping when his criminal purpose is the commission of an offense defined outside this chapter and his interference with the victim\'s liberty occurs immediately with and incidental to the commission of that offense, unless the interference exceeds that which is ordinarily incident to commission of the offense which is the objective of his criminal purpose. The exemption provided by this section is not applicable to a charge of kidnapping that arises from an interference with another\'s liberty that occurs incidental to the commission of a criminal escape. - **509.060 Defense. --** - In any prosecution for unlawful imprisonment or kidnapping it is a defense that the defendant was a relative of the victim and his sole purpose was to assume custody of the victim. - **509.070 Custodial interference.** - Knowing that he has no legal right to do so, he takes, entices or keeps from lawful custody any mentally disabled or other person entrusted by authority of law to the custody of another person or to an institution. - It is a defense the person taken from was returned by the defendant voluntarily and ***before arrest or the issuance of a warrant*** - Class D felony unless the person taken is voluntarily returned - **509.080 Criminal coercion.** - With intent to compel another person to engage in or refrain from conduct, he unlawfully threatens to: - Commit any crime; or - Accuse anyone of a crime; or - Expose any secret tending to subject any person to hatred, contempt or ridicule or to impair another\'s credit or business repute; or - Take or withhold action as an official or cause an official to take or withhold action. - A defendant may exonerate himself of criminal coercion committed under subsection (b), (c) or (d) that he believed it to be true and was solely attempting to get him to right a wrong - Class A misdemeanor. **KRS Chapter 510 -- Sexual Offenses** - **510.010 Definitions for chapter. --** - The following definitions apply in this chapter unless the context otherwise requires: - \(1) \"Deviate sexual intercourse\" means any act of sexual gratification involving the sex organs of one person and the mouth or anus of another; or penetration of the anus of one person by any body part or a foreign object manipulated by another person. \"Deviate sexual intercourse\" does not include penetration of the anus by any body part or a foreign object in the course of the performance of generally recognized health-care practices; - \(2) \"Forcible compulsion\" means physical force or threat of physical force, express or implied, which places a person in fear of immediate death, physical injury to self or another person, fear of the immediate kidnap of self or another person, or fear of any offense under this chapter. Physical resistance on the part of the victim shall not be necessary to meet this definition; - \(3) \"Mental illness\" means a diagnostic term that covers many clinical categories, typically including behavioral or psychological symptoms, or both, along with impairment of personal and social function, and specifically defined and clinically interpreted through reference to criteria contained in the Diagnostic and Statistical Manual of Mental Disorders (Third Edition) and any subsequent revision thereto, of the American Psychiatric Association; - \(4) \"Individual with an intellectual disability\" means a person with significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period, as defined in KRS Chapter 202B; - \(5) \"Mentally incapacitated\" means that a person is rendered temporarily incapable of appraising or controlling his or her conduct as a result of the influence of an intoxicating substance administered to him or her without his or her consent or as a result of any other act committed upon him or her without his or her consent; - \(6) \"Physically helpless\" means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act. \"Physically helpless\" also includes a person who has been rendered unconscious or for any other reason is physically unable to communicate an unwillingness to an act as a result of the influence of a controlled substance or legend drug; - \(7) \"Sexual contact\" means any touching of the sexual or other intimate parts of a person done for the purpose of gratifying the sexual desire of either party; - \(8) \"Sexual intercourse\" means sexual intercourse in its ordinary sense and includes penetration of the sex organs of one person by any body part or a foreign object manipulated by another person. Sexual intercourse occurs upon any penetration, however slight; emission is not required. \"Sexual intercourse\" does not include penetration of the sex organ by any body part or a foreign object in the course of the performance of generally recognized health-care practices; - \(9) \"Foreign object\" means anything used in commission of a sexual act other than the person of the actor; - \(10) \"Registrant\" has the same meaning as in KRS 17.500; and - \(11) \"Adult intermediary\" means a person who is age eighteen (18) years or older, who communicates with another for the purpose of procuring or promoting the use of a minor in violation of KRS 510.155. - **510.015 Treatment of third or subsequent misdemeanor under KRS Chapter 510 as Class D felony.** - **Except for Indecent Exposure 2^nd^, a third or more misdemeanor offense may be prosecuted as a Class D felony** - **510.020 Lack of consent. --** - \(1) Whether or not specifically stated, it is an element of every offense defined in this chapter that the sexual act was committed without consent of the victim. - 2\) Lack of consent results from: (a) Forcible compulsion; (b) Incapacity to consent; or (c) If the offense charged is sexual abuse, any circumstances in addition to forcible compulsion or incapacity to consent in which the victim does not expressly or impliedly acquiesce in the actor\'s conduct. - \(3) A person is deemed incapable of consent when he or she is: (a) Less than sixteen (16) years old; (b) Sixteen (16) or seventeen (17) years old and the actor is at least ten (10) years older than the victim at the time of the sexual act; (c) An individual unable to communicate consent or lack of consent, or unable to understand the nature of the act or its consequences, due to an intellectual disability or a mental illness; (d) Mentally incapacitated; (e) Physically helpless; or (f) Under the care or custody of a state or local agency pursuant to court order and the actor is employed by or working on behalf of the state or local agency. - \(4) The provisions of subsection (3)(f) of this section shall not apply to persons who are lawfully married to each other and no court order is in effect prohibiting contact between the parties. - **510.030 Defenses to prosecution based on victim\'s lack of consent.** - **It is a defense to the victim's lack of consent based on age, mental incapacitation, or physical helplessness the suspect did not know the facts that would lead to an inability to grant consent** - **510.035 Exception to KRS 510.020 (Lack of Consent)** - **Being married to a person under the age of 16, or who has an intellectual disability, allows for sexual contact** - **510.037 Conviction for rape, sodomy, or sexual abuse triggers application for interpersonal protective order. --** - The entering of a judgment of conviction for any degree of rape, sodomy, or sexual abuse under this chapter, or for a criminal attempt, conspiracy, facilitation, or solicitation to commit any degree of rape, sodomy, or sexual abuse, shall operate as an application for an interpersonal protective order issued under KRS Chapter 456, unless the victim requests otherwise. Notwithstanding the provisions of KRS Chapter 456: - \(1) An interpersonal protective order requested under this subsection may be issued by the court that entered the judgment of conviction; - \(2) The judgment of conviction shall constitute sufficient cause for the entry of the order without the necessity of further proof being taken; and - \(3) The order may be effective for up to ten (10) years, with further renewals in increments of up to ten (10) years. - **510.040 Rape in the first degree.** - He engages in sexual intercourse with another person by forcible compulsion; or - He engages in sexual intercourse with another person who is incapable of consent because he: - Is physically helpless; or - Is less than 12 years old. - Class B felony unless the victim is under 12 years old or receives SPI in which case it becomes a Class A Felony - **510.050 Rape in the second degree.** - Being 18 years old or more, he engages in sexual intercourse with another person less than fourteen 14 years old or who is mentally incapacitated - Class C felony. - **510.060 Rape in the third degree.** - He or she engages in sexual intercourse with another person who is incapable of consent because he or she is an individual with an intellectual disability; - Being twenty-one (21) years old or more, he or she engages in sexual intercourse with another person less than sixteen (16) years old; - Being twenty-one (21) years old or more, he or she engages in sexual intercourse with another person less than eighteen (18) years old and for whom he provides a foster home - Being a person in a position of authority or position of special trust, (defined in KRS 532.045), he engages in sexual intercourse with a minor under 18 years old with whom he or she comes into contact as a result of that position; or - Being a jailer, or an employee, contractor, vendor, or volunteer of the Department of Corrections, Department of Juvenile Justice, or a detention facility, or of an entity under contract with either a related department or a detention facility, he subjects an incarcerated person to sexual intercourse. - Class D felony. - **510.070 Sodomy in the first degree.** - He engages in deviant sexual intercourse with another person by forcible compulsion; or - He engages in deviant sexual intercourse with another person who is incapable of consent because he: - Is physically helpless; or - Is less than 12 years old. - Class B felony unless the victim is under 12 years old or receives SPI in which case it becomes a Class A Felony - **510.080 Sodomy in the second degree.** - Being 18 years old or more, he engages in deviant sexual intercourse with another person less than fourteen 14 years old or who is mentally incapacitated - Class C felony. - **510.090 Sodomy in the third degree.** - He or she engages in deviant sexual intercourse with another person who is incapable of consent because he or she is an individual with an intellectual disability; - Being twenty-one (21) years old or more, he or she engages in deviant sexual intercourse with another person less than sixteen (16) years old; - Being twenty-one (21) years old or more, he or she engages in deviant sexual intercourse with another person less than eighteen (18) years old and for whom he provides a foster home - Being a person in a position of authority or position of special trust, (defined in KRS 532.045), he engages in deviant sexual intercourse with a minor under 18 years old with whom he or she comes into contact as a result of that position; or - Being a jailer, or an employee, contractor, vendor, or volunteer of the Department of Corrections, Department of Juvenile Justice, or a detention facility, or of an entity under contract with either a related department or a detention facility, he subjects an incarcerated person to deviant sexual intercourse. - Class D felony. - **510.110 Sexual abuse in the first degree.** - He subjects another person to sexual contact by forcible compulsion; or - He subjects another person to sexual contact who is incapable of consent because they are: - Physically helpless; - Less than 12 years old; or - Mentally incapacitated; or - Being 21 years old or more, he: - Subjects another person who is less than 16 years old to sexual contact; - Engages in masturbation in the presence of another person who is less than 16 years old and knows or has reason to know the other person is present; or - Engages in masturbation while using the Internet, telephone, or other electronic communication device while communicating with a minor who the person knows is less than 16 years old, and the minor can see or hear the person masturbate; or - Being a person in a position of authority or position of special trust (defined in KRS 532.045), he, regardless of his age, subjects a minor who is less than 18 years old, with ***engages in masturbation*** in the presence of the minor and knows or has reason to know the minor is present or engages in masturbation while using the Internet, telephone, or other ***electronic communication device*** while communicating with a minor who the person ***knows is less than 16 years*** old, and ***the minor can see or hear*** the person masturbate. - Class D felony, unless the victim is less than 12 years old, in which case the offense shall be a Class C felony. - whom he or she comes into contact as a result of that position, to sexual contact or - **510.120 Sexual abuse in the second degree.** - He subjects another person to sexual contact who is incapable of consent because he is an individual with an intellectual disability; - He is at least 18 years old but less than 21 years old and subjects a person who is less than 6) years old to sexual contact - **subsection (1)(b);** or - Being a jailer, or an employee, contractor, vendor, or volunteer of the Department of Corrections, Department of Juvenile Justice, or a detention facility, or of an entity under contract with either department or a detention facility for the custody, supervision, evaluation, or treatment of offenders, he subjects a person who is at least 18 years old and who he knows is incarcerated, supervised, etc. to sexual contact. - In any prosecution under **subsection (1)(b)** of this section, it is a defense that: - The suspect has ***less than*** a 5 year age gap when the victim was 14 or 15 years old - Class A misdemeanor. - **510.130 Sexual abuse in the third degree.** - When he subjects another person to sexual contact without the latter\'s consent. - In any prosecution under this section, it is a defense that: - The other person was at least 14 years old and the actor was less than 18 years old. - Class B misdemeanor. - **510.140 Sexual misconduct.** - When he engages in sexual intercourse or deviate sexual intercourse with another person without the latter\'s consent. - Class A misdemeanor. - **510.148 Indecent exposure in the first degree.** - When he intentionally exposes his genitals under circumstances in which he knows or should know that his conduct is likely to cause affront or alarm to a person under the age of 18 years. - Penalties: - 1^st^ offense -- Class B misdemeanor - 2^nd^ offense -- Class A misdemeanor, if committed within 3 years of the 1^st^ conviction - 3^rd^ and subsequent offense -- Class D felony, if committed within 3 years of the 2^nd^ or subsequent conviction - **510.150 Indecent exposure in the second degree.** - When he intentionally exposes his genitals under circumstances in which he knows or should know that his conduct is likely to cause affront or alarm to a person 18 years of age or older. - Class B misdemeanor. - **510.155 Unlawful use of electronic means originating or received within the** - **Commonwealth to induce a minor to engage in sexual or other prohibited activities \-- Solicitation as evidence of intent.** - It shall be unlawful for any person to an electronic device, for the purpose of procuring or a minor (or a peace officer posing as a minor), for any activity in violation of Rape 1^st^, 2^nd^, and 3^rd^, Sodomy Rape 1^st^, 2^nd^, and 3^rd^, Human Trafficking (involving commercial sexual activity), and Unlawful Transaction with a Minor 1^st^ (involving sexual activity), or KRS Chapter 531 (generally related to pornography, includes voyeurism). - No person shall be convicted of this offense and an inchoate offense for a single course of conduct - The solicitation of the minor through the device is prima facie evidence of the intent to commit the offense. - This section shall apply to electronic communications originating within or received within the Commonwealth. - Class D felony. **KRS Chapter 511 -- Burglary and Related Offenses** - **511.010 Definitions.** - **Building** means any structure, vehicle, watercraft or aircraft: - Where any person lives; or - Each unit of a building consisting of 2 or more units separately secured or occupied is a separate building. - **Dwelling** means a building which is usually occupied by a person lodging therein. - **Premises** includes the term building as defined herein and any real property. - **511.020 Burglary in the first degree.** - With the intent to commit a crime, he knowingly enters or remains unlawfully in a building, and when in effecting entry or while in the building or in the immediate flight therefrom, he or another participant in the crime: - Is armed with explosives or a DW; or - Causes PI to any person who is not a participant in the crime; or - Uses or threatens the use of a DI against a non-participant - Class B felony. - **511.030 Burglary in the second degree.** - With the intent to commit a crime, he knowingly enters or remains unlawfully in a **dwelling.** - Class C felony. - **511.040 Burglary in the third degree.** - With the intent to commit a crime, he knowingly enters or remains unlawfully in a **building.** - Class D felony. - **511.050 Possession of burglar\'s tools. --** - \(1) A person is guilty of possession of burglar\'s tools when he possesses any tool, instrument or other thing adapted, designed or commonly used for committing or facilitating the commission of an offense involving forcible entry into premises or theft by a physical taking under circumstances which leave no reasonable doubt as to his: (a) Intention to use the same in the commission of an offense of such character; or (b) Knowledge that some other person intends to use the same in the commission of an offense of such character. - \(2) Possession of burglar\'s tools is a Class A misdemeanor. - **511.060 Criminal trespass in the first degree.** - Knowingly enters or remains unlawfully in a **dwelling.** - Class A misdemeanor. - **511.070 Criminal trespass in the second degree.** - Knowingly enters or remains unlawfully in a **building** or upon premises as to which **notice against trespass is given by fencing or other enclosure.** - Class B misdemeanor. - **511.080 Criminal trespass in the third degree.** - Knowingly enters or remains unlawfully in or upon premises. - violation. - **511.085 Domestic violence shelter trespass.** - When the person enters the buildings or premises of a domestic violence shelter that the person knows or should know is a domestic violence shelter or which is clearly marked on the building or premises as being a domestic violence shelter; and - At the time of the entering, the person is the subject of an order of protection - It is a defense that the person entered the shelter with the permission of the operator of the shelter after disclosing to the operator that the person is the subject of an order of protection or a foreign protective order. The victim **cannot** grant the suspect the right to enter the shelter. - A person shall not be convicted of a violation of this section and of Criminal Trespass 1^st^, 2^nd^, or 3^rd^, - Class A misdemeanor. - **511.090 General provisions. --** - \(1) A person \"enters or remains unlawfully\" in or upon premises when he is not privileged or licensed to do so. - \(2) A person who, regardless of his intent, enters or remains in or upon premises which are at the time open to the public does so with license or privilege unless he defies a lawful order not to enter or remain personally communicated to him by the owner of such premises or other authorized person. - \(3) A license or privilege to enter or remain in or upon premises which are only partly open to the public is not a license or privilege to enter or remain in or upon a part of the premises which is not open to the public. - \(4) A person who enters or remains upon unimproved and apparently unused land which is neither fenced nor otherwise enclosed does not commit criminal trespass unless notice against trespass is personally communicated to him by the owner of the land or some other authorized person or unless notice is given by posting in a conspicuous manner. - \(5) Private land adjoining a railtrail that is neither fenced nor otherwise enclosed shall be presumed to be land where notice against trespassing has been given by the owner of the land, and a person utilizing the railtrail shall be presumed to lack privilege or license to enter upon that land unless the person has permission from an adjoining landowner to do so. **KRS Chapter 512 -- Criminal Damage to Property** - **512.010 Definitions for chapter. --** - The following definitions apply in this chapter unless the context otherwise requires: - \(1) \"Lease or rental agreement\" means all agreements, written or oral, embodying the terms and conditions concerning the use and occupancy of a dwelling unit or premises; - \(2) \"Litter\" means rubbish, refuse, waste material, offal, paper, glass, cans, bottles, trash, debris or any foreign substance of whatever kind or description and whether or not it is of value; - \(3) \"Noxious substance\" means any substance capable of generating offensive, noxious or suffocating fumes, gases or vapors; - \(4) \"Property\" includes livestock as defined in KRS 150.010 and poultry as defined in KRS 246.010; - \(5) \"Residential rental property\" means any residential premises or property contained therein leased or otherwise rented to a tenant solely for residential purposes under a lease or rental agreement to which the tenant is a party; and - \(6) \"Tenant\" means a person entitled under a lease or rental agreement to occupy a residential rental property to the exclusion of others - **512.020 Criminal mischief in the first degree.** - Intentionally or wantonly damages any property causing a loss of \$1,000 or more. - Class D felony. - **512.030 Criminal mischief in the second degree.** - Intentionally or wantonly damages any property causing a loss of \$500 or more. - Class A misdemeanor. - **512.040 Criminal mischief in the third degree.** - Intentionally or wantonly damages any property - Tampers with property so as to knowingly endanger the person or property of another - Class B misdemeanor. - **512.050 Criminal use of noxious substance.** - Unlawfully deposits on the property of another any stink bomb, device, or irritant with the intent to interfere with another\'s use of the land, building or vehicle. - Class B misdemeanor. - **512.060 Criminal possession of noxious substance.** - \(1) A person is guilty of criminal possession of a noxious substance when he possesses such substance under circumstances evincing an intent unlawfully to use or cause it to be used to inflict injury upon or to cause annoyance to a person, or to damage property of another, or to disturb the public peace. - \(2) Criminal possession of a noxious substance is a Class B misdemeanor. - **512.070 Criminal littering. \-- Local governments may classify criminal littering as civil offenses. -- See KRS Appendix (Class A misdemeanor)** - \(1) A person is guilty of criminal littering when he: (a) Drops or permits to drop on a highway any destructive or injurious material and does not immediately remove it; or (b) Knowingly places or throws litter on any public or private property or in any public or private water without permission; or (c) Negligently places or throws glass or other dangerous pointed or edged substances on or adjacent to water to which the public has access for swimming or wading or on or within fifty (50) feet of a public highway; or (d) Discharges sewage, minerals, oil products, or litter into any public waters or lakes within the state. - \(2) Criminal littering is a Class A misdemeanor. - \(3) Violators may prepay to the Circuit Court clerk if prepayment is so noted on the citation and if the littering offense is not combined with an offense that is not prepayable. - \(4) Notwithstanding any language or provision of this section or KRS 65.8808(3) to the contrary, the legislative body of a local government may, by ordinance, choose to classify the offenses proscribed in subsection (1) of this section as civil offenses in accordance with KRS 65.8808. - **512.080 Unlawfully posting advertisements.** - **512.090 Unlawful acts relating to acquiring metals.** - Intentionally and without permission cuts, mutilates, defaces, or otherwise injures any personal or real property of another, including any fixtures or improvements, for the purpose of obtaining any metal - A Class B misdemeanor with a fine not more than \$250 or imprisonment must be less than 90 days (or both) if the loss is less than \$3,000 - A Class D felony with a fine of not less than \$1,000 or more than \$10,000 (or double the gain from the commission of the offense) or 1-5 years in prison (or both the fine and imprisonment) if the loss is \$3,000 or more. **KRS Chapter 513 -- Arson and Related Offenses** - **513.010 Definition of \"building.\"** - **Building** ***in addition to its ordinary meaning***, specifically includes any dwelling, hotel, commercial structure, automobile, truck, watercraft, aircraft, trailer, sleeping car, railroad car, or other structure or vehicle, ***or any structure with a valid certificate of occupancy.*** - **513.020 Arson in the first degree.