2024 Lieutenant KRS Promotional Process Material PDF

2024 Promotional Process Material for Lieutenant Applicants Selected Statutes from the 500 Series of KRS – Primary Criminal Offenses 500.050 Time limitations. (1) Except as otherwise expressly provided, the prosecution of a felony is not subject to a period of limitation and may be commenced at any time. (2) Except as otherwise expressly provided, the prosecution of an offense other than a felony must be commenced within one (1) year after it is committed. (3) (a) For a misdemeanor sex offense when the victim is a minor at the time of the offense, the prosecution of the offense shall be commenced within ten (10) years after the victim attains the age of eighteen (18) years. (b) As used in paragraph (a) of this subsection, "misdemeanor sex offense" means a misdemeanor offense in: 1. KRS Chapter 510; 2. KRS Chapter 531 involving a minor or depiction of a minor; or 3. KRS 506.010 or 506.030 for attempt to commit or solicitation to commit: a. Any of the offenses described in subparagraphs 1. and 2. of this paragraph; b. Promoting prostitution under KRS 529.040 when the defendant advances or profits from the prostitution of a minor; c. Human trafficking involving commercial sexual activity under KRS 529.100; d. Promoting human trafficking involving commercial sexual activity under KRS 529.110; or e. Unlawful transaction with a minor in the first degree under KRS 530.064(1)(a). (4) For purposes of this section, an offense is committed either when every element occurs, or if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant's complicity therein is terminated. Effective:March 23, 2021 History: Amended 2021 Ky. Acts ch. 89, sec. 1, effective March 23, 2021. -- Amended 2008 Ky. Acts ch. 72, sec. 6, effective July 15, 2008. -- Amended 2000 Ky. Acts ch. 401, sec. 5, effective July 14, 2000. -- Amended 1990 Ky. Acts ch. 448, sec. 2, effective July 13, 1990. -- Created 1974 Ky. Acts ch. 406, sec. 5, effective January 1, 1975. Legislative Research Commission Note (3/23/2021). 2021 Ky. Acts ch. 89, sec. 3 provides that the Act, which amended this statute and KRS 413.249, "shall apply to causes of action accruing on or after [March 23, 2021], and to causes of action accruing before [March 23, 2021], if the applicable statute of limitations, as it existed prior to [March 23, 2021], has not yet run before [March 23, 2021]." 500.070 Burden of proof -- Defenses. (1) The Commonwealth has the burden of proving every element of the case beyond a reasonable doubt, except as provided in subsection (3). This provision, however, does not require disproof of any element that is entitled a "defense," as that term is used in this code, unless the evidence tending to support the defense is of such probative force that in the absence of countervailing evidence the defendant would be entitled to a directed verdict of acquittal. (2) No court can require notice of a defense prior to trial time. (3) The defendant has the burden of proving an element of a case only if the statute which contains that element provides that the defendant may prove such element in exculpation of his conduct. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 7, effective January 1, 1975. 500.080 Definitions for Kentucky Penal Code. As used in the Kentucky Penal Code, unless the context otherwise requires: (1) "Actor" means any natural person and, where relevant, a corporation or an unincorporated association; (2) "Crime" means a misdemeanor or a felony; (3) "Dangerous instrument" means any instrument, including parts of the human body when a serious physical injury is a direct result of the use of that part of the human body, article, or substance which, under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or serious physical injury. "Dangerous instrument" may include a laser; (4) "Deadly weapon" means any of the following: (a) A weapon of mass destruction; (b) Any weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged; (c) Any knife other than an ordinary pocket knife or hunting knife; (d) Billy, nightstick, or club; (e) Blackjack or slapjack; (f) Nunchaku karate sticks; (g) Shuriken or death star; or (h) Artificial knuckles made from metal, plastic, or other similar hard material; (5) "Felony" means an offense for which a sentence to a term of imprisonment of at least one (1) year in the custody of the Department of Corrections may be imposed; (6) "Government" means the United States, any state, county, municipality, or other political unit, or any department, agency, or subdivision of any of the foregoing, or any corporation or other association carrying out the functions of government; (7) "He" means any natural person and, where relevant, a corporation or an unincorporated association; (8) "Impacted by the disaster" means the location or in reasonable proximity to the location where a natural or man-made disaster has caused physical injury, serious physical injury, death, or substantial damage to property or infrastructure; (9) "Laser" means any device designed or used to amplify electromagnetic radiation by stimulated emission that emits a beam, other than a medical laser when used in medical treatment or surgery; (10) "Law" includes statutes, ordinances, and properly adopted regulatory provisions. Unless the context otherwise clearly requires, "law" also includes the common law; (11) "Minor" means any person who has not reached the age of majority as defined in KRS 2.015; (12) "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; (13) "Natural or man-made disaster" means a tornado, storm, or other severe weather, earthquake, flood, or fire that poses a significant threat to human health and safety, property, or critical infrastructure; (14) "Offense" means conduct for which a sentence to a term of imprisonment or to a fine is provided by any law of this state or by any law, local law, or ordinance of a political subdivision of this state or by any law, order, rule, or regulation of any governmental instrumentality authorized by law to adopt the same; (15) "Person" means a human being, and where appropriate, a public or private corporation, an unincorporated association, a partnership, a government, or a governmental authority; (16) "Physical injury" means substantial physical pain or any impairment of physical condition; (17) "Possession" means to have actual physical possession or otherwise to exercise actual dominion or control over a tangible object; (18) "Serious physical injury" means physical injury which creates a substantial risk of death, or which causes serious and prolonged disfigurement, prolonged impairment of health, prolonged loss or impairment of the function of any bodily organ, or eye damage or visual impairment. For a child twelve (12) years of age or less at the time of the injury, a serious physical injury includes but is not limited to the following: (a) Bruising near the eyes, or on the head, neck, or lower back overlying the kidneys; (b) Any bruising severe enough to cause underlying muscle damage as determined by elevated creatine kinase levels in the blood; (c) Any bruising or soft tissue injury to the genitals that affects the ability to urinate or defecate; (d) Any testicular injury sufficient to put fertility at risk; (e) Any burn near the eyes or involving the mouth, airway, or esophagus; (f) Any burn deep enough to leave scarring or dysfunction of the body; (g) Any burn requiring hospitalization, debridement in the operating room, IV fluids, intubation, or admission to a hospital's intensive care unit; (h) Rib fracture; (i) Scapula or sternum fractures; (j) Any broken bone that requires surgery; (k) Head injuries that result in intracranial bleeding, skull fracture, or brain injury; (l) A concussion that results in the child becoming limp, unresponsive, or results in seizure activity; (m) Abdominal injuries that indicate internal organ damage regardless of whether surgery is required; (n) Any injury requiring surgery; (o) Any injury that requires a blood transfusion; and (p) Any injury requiring admission to a hospital's critical care unit; (19) "Unlawful" means contrary to law or, where the context so requires, not permitted by law. It does not mean wrongful or immoral; (20) "Violation" means an offense, other than a traffic infraction, for which a sentence to a fine only can be imposed; and (21) "Weapon of mass destruction" means: (a) Any destructive device as defined in KRS 237.030, but not fireworks as defined in KRS 227.700; (b) Any weapon that is designed or intended to cause death or serious physical injury through the release, dissemination, or impact of toxic or poisonous chemicals or their precursors; (c) Any weapon involving a disease organism; or (d) Any weapon that is designed to release radiation or radioactivity at a level dangerous to human life. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 153, sec. 4, effective June 29, 2023. -- Amended 2022 Ky. Acts ch. 151, sec. 1, effective July 14, 2022. -- Amended 2017 Ky. Acts ch. 171, sec. 4, effective June 29, 2017. -- Amended 2001 Ky. Acts ch. 113, sec. 7, effective June 21, 2001. -- Amended 1992 Ky. Acts ch. 211, sec. 130, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 282, sec. 1, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 331, sec. 56, effective July 15, 1986. -- Amended 1978 Ky. Acts ch. 78, sec. 1, effective June 17, 1978. -- Created 1974 Ky. Acts ch. 406, sec. 8, effective January 1, 1975; and ch. 74, Art. V, sec. 24(14). 501.010 Definitions. The following definitions apply in this chapter: (1) "Culpable mental state" means "intentionally" or "knowingly" or "wantonly" or "recklessly," as these terms are defined in KRS 501.020. (2) "Intoxication" means a disturbance of mental or physical capacities resulting from the introduction of substances into the body. (3) "Voluntary act" means a bodily movement performed consciously as a result of effort or determination and includes the possession of property if the actor was aware of his physical possession or control thereof for a sufficient period to have been able to terminate it. (4) "Voluntary intoxication" means intoxication caused by substances which the defendant knowingly introduces into his body, the tendency of which to cause intoxication he knows or ought to know, unless he introduces them pursuant to medical advice or under such duress as would afford a defense to a charge of crime. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 11, effective January 1, 1975. 501.020 Definition of mental states. The following definitions apply in the Kentucky Penal Code: (1) "Intentionally" -- A person acts intentionally with respect to a result or to conduct described by a statute defining an offense when his conscious objective is to cause that result or to engage in that conduct. (2) "Knowingly" -- A person acts knowingly with respect to conduct or to a circumstance described by a statute defining an offense when he is aware that his conduct is of that nature or that the circumstance exists. (3) "Wantonly" -- A person acts wantonly with respect to a result or to a circumstance described by a statute defining an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but is unaware thereof solely by reason of voluntary intoxication also acts wantonly with respect thereto. (4) "Recklessly" -- A person acts recklessly with respect to a result or to a circumstance described by a statute defining an offense when he fails to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 12, effective January 1, 1975. 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. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 13, effective January 1, 1975. 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. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 14, effective January 1, 1975. 501.050 Absolute liability. A person may be guilty of an offense without having one (1) of the culpable mental states defined in KRS 501.020 only when: (1) The offense is a violation or a misdemeanor as defined in KRS 500.080 and no particular culpable mental state is included within the definition of the offense; or (2) The offense is defined by a statute other than this Penal Code and the statute clearly indicates a legislative purpose to impose absolute liability for the conduct described. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 15, effective January 1, 1975. 501.100 Offense against a vulnerable victim. (1) As used in this section, "offense against a vulnerable victim" means any violation of: (a) KRS 508.100; (b) KRS 508.110; (c) KRS 508.120; (d) KRS 510.040, 510.050, 510.060, 510.070, 510.080, 510.090, 510.110, 510.120, or 530.020, if the victim is under the age of fourteen (14), or if the victim is an individual with an intellectual disability, physically helpless, or mentally incapacitated, as those terms are defined in KRS 510.010; (e) KRS 529.100 or 529.110 if the victim is a minor; (f) KRS 530.064(1)(a); (g) KRS 531.310; (h) KRS 531.320; or (i) Any felony in KRS Chapter 209. (2) 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. (3) 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. (4) 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. (5) If a person is convicted of an offense against a vulnerable victim in a continuing course of conduct, that person may not also be convicted of charges based on the individual unlawful acts that were part of the continuing course of conduct. (6) The penalty, probation and parole eligibility, and other consequences of an offense charged under this section shall be the same as for the offense when charged based on an individual act. (7) The applicability of this section shall be governed by the age of the victim at the time of the offense. Effective:April 9, 2016 History: Created 2016 Ky. Acts ch. 83, sec. 1, effective April 9, 2016. 503.010 Definitions for chapter. The following definitions apply in this chapter unless the context otherwise requires: (1) "Deadly physical force" means force which is used with the purpose of causing death or serious physical injury or which the defendant knows to create a substantial risk of causing death or serious physical injury. (2) "Dwelling" means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night. (3) "Imminent" means impending danger, and, in the context of domestic violence and abuse as defined by KRS 403.720, belief that danger is imminent can be inferred from a past pattern of repeated serious abuse. (4) "Physical force" means force used upon or directed toward the body of another person and includes confinement. (5) "Residence" means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest. (6) "Vehicle" means a conveyance of any kind, whether or not motorized, which is designed to transport people or property. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 192, sec. 1, effective July 12, 2006. -- Amended 1992 Ky. Acts ch. 173, sec. 1, effective July 14, 1992. -- Created 1974 Ky. Acts ch. 406, sec. 26, effective January 1, 1975. 503.020 Justification -- A defense. In any prosecution for an offense, justification, as defined in this chapter, is a defense. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 27, effective January 1, 1975. 503.030 Choice of evils. (1) Unless inconsistent with the ensuing sections of this code defining justifiable use of physical force or with some other provisions of law, conduct which would otherwise constitute an offense is justifiable when the defendant believes it to be necessary to avoid an imminent public or private injury greater than the injury which is sought to be prevented by the statute defining the offense charged, except that no justification can exist under this section for an intentional homicide. (2) When the defendant believes that conduct which would otherwise constitute an offense is necessary for the purpose described in subsection (1), but is wanton or reckless in having such belief, or when the defendant is wanton or reckless in bringing about a situation requiring the conduct described in subsection (1), the justification afforded by this section is unavailable in a prosecution for any offense for which wantonness or recklessness, as the case may be, suffices to establish culpability. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 28, effective January 1, 1975. 503.040 Execution of public duty. (1) Unless inconsistent with the ensuing sections of this code defining justifiable use of physical force or with some other provisions of law, conduct which would otherwise constitute an offense is justifiable when 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. Effective: January 1, 1975 History: 1974 Ky. Acts ch. 406, sec. 29, effective January 1, 1975. 503.050 Use of physical force in self-protection -- Admissibility of evidence of prior acts of domestic violence and abuse. (1) The use of physical force by a defendant upon another person is justifiable when the defendant believes that such force is necessary to protect himself against the use or imminent use of unlawful physical force by the other person. (2) The use of deadly physical force by a defendant upon another person is justifiable under subsection (1) only when the defendant believes that such force is necessary to protect himself against death, serious physical injury, kidnapping, sexual intercourse compelled by force or threat, felony involving the use of force, or under those circumstances permitted pursuant to KRS 503.055. (3) Any evidence presented by the defendant to establish the existence of a prior act or acts of domestic violence and abuse as defined in KRS 403.720 by the person against whom the defendant is charged with employing physical force shall be admissible under this section. (4) A person does not have a duty to retreat prior to the use of deadly physical force. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 192, sec. 3, effective July 12, 2006. -- Amended 1992 Ky. Acts ch. 173, sec. 2, effective July 14, 1992. -- Created 1974 Ky. Acts ch. 406, sec. 30, effective January 1, 1975. 503.055 Use of defensive force regarding dwelling, residence, or occupied vehicle -- Exceptions. (1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if: (a) The person against whom the defensive force was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person's will from the dwelling, residence, or occupied vehicle; and (b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred. (2) The presumption set forth in subsection (1) of this section does not apply if: (a) The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person; (b) The person sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of the person against whom the defensive force is used; (c) The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or (d) The person against whom the defensive force is used is a peace officer, as defined in KRS 446.010, who enters or attempts to enter a dwelling, residence, or vehicle in the performance of his or her official duties, and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person entering or attempting to enter was a peace officer. (3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force, if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a felony involving the use of force. (4) A person who unlawfully and by force enters or attempts to enter a person's dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence. Effective: July 12, 2006 History: Created 2006 Ky. Acts ch. 192, sec. 2, effective July 12, 2006. 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. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 31, effective January 1, 1975. 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. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 192, sec. 4, effective July 12, 2006. -- Created 1974 Ky. Acts ch. 406, sec. 32, effective January 1, 1975. 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. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 192, sec. 5, effective July 12, 2006. -- Created 1974 Ky. Acts ch. 406, sec. 33, effective January 1, 1975. 503.085 Justification and criminal and civil immunity for use of permitted force -- Exceptions. (1) A person who uses force as permitted in KRS 503.050, 503.055, 503.070, and 503.080 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom the force was used is a peace officer, as defined in KRS 446.010, who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law, or the person using force knew or reasonably should have known that the person was a peace officer. As used in this subsection, the term "criminal prosecution" includes arresting, detaining in custody, and charging or prosecuting the defendant. (2) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1) of this section, but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful. (3) The court shall award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff, if the court finds that the defendant is immune from prosecution as provided in subsection (1) of this section. Effective: July 12, 2006 History: Created 2006 Ky. Acts ch. 192, sec. 6, effective July 12, 2006. 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. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 34, effective January 1, 1975. 503.100 Prevention of a suicide or crime. (1) The use of physical force by a defendant upon another person is justifiable when the defendant believes that such force is immediately necessary to prevent such other person from: (a) Committing suicide or inflicting serious physical injury upon himself; or (b) Committing a crime involving or threatening serious physical injury to person, substantial damage to or loss of property, or any other violent conduct. (2) The use of deadly physical force by a defendant upon another person is justifiable under subsection (1)(b) only when the defendant believes that the person whom he seeks to prevent from committing a crime is likely to endanger human life. (3) The limitations imposed on the justifiable use of force in self-protection by KRS 503.050 and 503.060, for the protection of others by KRS 503.070, for the protection of property by KRS 503.080, and for the effectuation of an arrest or the prevention of an escape by KRS 503.090 apply notwithstanding the criminality of the conduct against which such force is used. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 35, effective January 1, 1975. 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. Effective: July 1, 1982 History: Amended 1982 Ky. Acts ch. 141, sec. 135, effective July 1, 1982. -- Created 1974 Ky. Acts ch. 406, sec. 36, effective January 1, 1975. Note: 1980 Ky. Acts ch. 396, sec. 147 would have amended this section effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec. 146, also effective July 1, 1982. 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. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 37, effective January 1, 1975. 506.010 Criminal attempt. (1) A person is guilty of criminal attempt to commit a crime when, acting with the kind of culpability otherwise required for commission of the crime, he: (a) Intentionally engages in conduct which would constitute the crime if the attendant circumstances were as he believes them to be; or (b) Intentionally does or omits to do anything which, under the circumstances as he believes them to be, is a substantial step in a course of conduct planned to culminate in his commission of the crime. (2) Conduct shall not be held to constitute a substantial step under subsection (1)(b) unless it is an act or omission which leaves no reasonable doubt as to the defendant's intention to commit the crime which he is charged with attempting. (3) A person is guilty of criminal attempt to commit a crime when he engages in conduct intended to aid another person to commit that crime, although the crime is not committed or attempted by the other person, provided that his conduct would establish complicity under KRS 502.020 if the crime were committed by the other person. (4) A criminal attempt is a: (a) Class C felony when the crime attempted is a violation of KRS 521.020 or 521.050; (b) Class B felony when the crime attempted is a Class A felony or capital offense; (c) Class C felony when the crime attempted is a Class B felony; (d) Class A misdemeanor when the crime attempted is a Class C or D felony; (e) Class B misdemeanor when the crime attempted is a misdemeanor. Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 477, sec. 2, effective July 15, 1994. -- Created 1974 Ky. Acts ch. 406, sec. 49, effective January 1, 1975. 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. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 50, effective January 1, 1975. 506.030 Criminal solicitation. (1) A person is guilty of criminal solicitation when, with the intent of promoting or facilitating the commission of a crime, he commands or encourages another person to engage in specific conduct which would constitute that crime or an attempt to commit that crime or which would establish the other's complicity in its commission or attempted commission. (2) A criminal solicitation is a: (a) Class C felony when the crime solicited is a violation of KRS 521.020 or 521.050; (b) Class B felony when the crime solicited is a Class A felony or capital offense; (c) Class C felony when the crime solicited is a Class B felony; (d) Class A misdemeanor when the crime solicited is a Class C or D felony; (e) Class B misdemeanor when the crime solicited is a misdemeanor. Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 477, sec. 3, effective July 15, 1994. -- Created 1974 Ky. Acts ch. 406, sec. 51, effective January 1, 1975. 506.040 Criminal conspiracy. (1) A person having the intention of promoting or facilitating the commission of a crime is guilty of criminal conspiracy when he: (a) Agrees with one (1) or more persons that at least one (1) of them will engage in conduct constituting that crime or an attempt or solicitation to commit such a crime; or (b) Agrees to aid one or more persons in the planning or commission of that crime or an attempt or solicitation to commit such a crime. (2) Except as provided in a specific statute to the contrary, a criminal conspiracy is a: (a) Class C felony when the conspiratorial agreement is a violation of KRS 521.020 or 521.050; (b) Class B felony when the object of the conspiratorial agreement is a Class A felony or capital offense; (c) Class C felony when the object of the conspiratorial agreement is a Class B felony; (d) Class A misdemeanor when the object of the conspiratorial agreement is a Class C or D felony; (e) Class B misdemeanor when the object of the conspiratorial agreement is a misdemeanor. Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 477, sec. 4, effective July 15, 1994. â€“ Amended 1992 Ky. Acts ch. 441, sec. 25, effective July 14, 1992. -- Amended 1988 Ky. Acts ch. 181, sec. 2, effective July 15, 1988. -- Created 1974 Ky. Acts ch. 406, sec. 52, effective January 1, 1975. 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. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 53, effective January 1, 1975. 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. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 54, effective January 1, 1975. 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. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 55, efffective January 1, 1975. 506.080 Criminal facilitation. (1) A person is guilty of criminal facilitation when, acting with knowledge that another person is committing or intends to commit a crime, he engages in conduct which knowingly provides such person with means or opportunity for the commission of the crime and which in fact aids such person to commit the crime. (2) Criminal facilitation is a: (a) Class D felony when the crime facilitated is a Class A or Class B felony or capital offense; (b) Class A misdemeanor when the crime facilitated is a Class C or Class D felony; (c) Class B misdemeanor when the crime facilitated is a misdemeanor. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 56, effective January 1, 1975. 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. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 57, effective January 1, 1975. 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. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 58, effective January 1, 1975. 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. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 59, effective January 1, 1975. 506.120 Engaging in organized crime. (1) A person, with the purpose to establish or maintain a criminal syndicate or to facilitate any of its activities, shall not do any of the following: (a) Organize or participate in organizing a criminal syndicate or any of its activities; (b) Provide material aid to a criminal syndicate or any of its activities, whether such aid is in the form of money or other property, or credit; (c) Manage, supervise, or direct any of the activities of a criminal syndicate, at any level of responsibility; (d) Knowingly furnish legal, accounting, or other managerial services to a criminal syndicate; (e) Commit, or conspire or attempt to commit, or act as an accomplice in the commission of, any offense of a type in which a criminal syndicate engages on a continuing basis; (f) Commit, or conspire or attempt to commit or act as an accomplice in the commission of, any offense of violence; (g) Commit, or conspire or attempt to commit, or act as an accomplice in the commission of bribery in violation of KRS Chapters 518 or 521, or KRS 119.205, 121.025, 121.055, 524.070, 156.465, 45A.340, 63.090, 6.080, 18A.145, or 244.600; (h) Commit, or conspire or attempt to commit, or act as an accomplice in the commission of more than one (1) theft of retail merchandise with the intent to resell the stolen merchandise; or (i) Acquire stolen retail merchandise for the purpose of reselling it where the person knew or should have known that the merchandise had been stolen. (2) Whoever violates this section is guilty of engaging in organized crime, which shall be a Class B felony, unless the offense involves only the theft or acquisition of retail merchandise for the purpose of reselling it, in which case it shall be a Class C felony. (3) As used in this section "criminal syndicate" means 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 criminal acts provided in subsection (4)(a) to (f) of this section on a continuing basis. (4) As used in this section, "criminal gang syndicate" means three (3) or more persons acting as a part of or members of a criminal gang and collaborating to promote or engage in any of the following on a continuing basis: (a) Extortion or coercion in violation of KRS 514.080 or 521.020; (b) Engaging in, promoting, or permitting prostitution or human trafficking in violation of KRS Chapter 529; (c) Any theft offense as defined in KRS Chapter 514; (d) Any gambling offense as defined in KRS 411.090, KRS Chapter 528, or Section 226 of the Constitution; (e) Illegal trafficking in controlled substances as prohibited by KRS Chapter 218A, in intoxicating or spirituous liquor as defined in KRS Chapters 242 or 244, or in destructive devices or booby traps as defined in KRS Chapter 237; or (f) Lending at usurious interest, and enforcing repayment by illegal means in violation of KRS Chapter 360. (5) Any person found to have been a member of a criminal gang syndicate while engaging in the criminal acts listed in subsection (4) of this section shall not be released on probation or parole until he or she has served at least eighty-five percent (85%) of the sentence imposed. Effective: April 26, 2018 History: Amended 2018 Ky. Acts ch. 202, sec. 3, effective April 26, 2018. -- Amended 2009 Ky. Acts ch. 106, sec. 15, effective June 25, 2009. -- Amended 2007 Ky. Acts ch. 19, sec. 3, effective June 26, 2007. -- Amended 2000 Ky. Acts ch. 417, sec. 16, effective December 1, 2000. -- Amended 1998 Ky. Acts ch. 121, sec. 37, effective July 15, 1998. -- Amended 1982 Ky. Acts ch. 448, sec. 72, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 188, sec. 306, effective July 15, 1980. -- Created 1978 Ky. Acts ch. 321, sec. 1, effective June 17, 1978. Legislative Research Commission Note (12/1/2000). The contingency on the effectiveness of this statute set by 2000 Ky. Acts ch. 417, sec. 18, was met, the voters of the Commonwealth having ratified at the general election on November 7, 2000, a constitutional amendment (see 2000 Ky. Acts ch. 399) abolishing the Railroad Commission. 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. Effective: April 26, 2018 History: Created 2018 Ky. Acts ch. 202, sec. 1, effective April 26, 2018. 506.140 Criminal gang recruitment. (1) (a) Any person who is age eighteen (18) or older is guilty of criminal gang recruitment in the first degree if he or she: 1. Solicits or entices any person under the age of fifteen (15) to join a criminal gang; and 2. Requires as a condition of membership the commission of a crime. (b) Criminal gang recruitment in the first degree is a Class C felony for the first offense and a Class B felony for a second or subsequent offense. (2) (a) Any person over the age of eighteen (18) is guilty of criminal gang recruitment in the second degree if he or she entices or solicits another person to join a criminal gang or intimidates or threatens another person because the other person: 1. Refuses to join a criminal gang; 2. Has withdrawn or is attempting to withdraw from a criminal gang; or 3. Refuses to submit to a demand made by a criminal gang. (b) Criminal gang recruitment in the second degree is a Class D felony for the first offense and a Class C felony for a second or subsequent offense. (3) (a) Any person under the age of eighteen (18) is guilty of criminal gang recruitment in the third degree when he or she intentionally encourages or solicits another person to join a criminal gang. (b) Criminal gang recruitment in the third degree is a Class A misdemeanor for the first offense and a Class D felony for a second or subsequent offense. (4) It shall be no defense to prosecution under this section that the other person never intended to or did not commit the crime. Effective: April 26, 2018 History: Repealed and reenacted 2018 Ky. Acts ch. 202, sec. 2, effective April 26, 2018. -- Amended 2000 Ky. Acts ch. 431, sec. 1, effective July 14, 2000. -- Created 1998 Ky. Acts ch. 606, sec. 83, effective July 15, 1998. 506.150 Criminal gang activity or recruitment -- Actions not constituting defenses. (1) To establish the existence of a "criminal gang" as defined in KRS 506.135, competent evidence that is probative of the existence of or membership in a criminal gang shall be admissible, including two (2) or more of the following: (a) Self-proclamation, either at the time of arrest or any time before or thereafter; (b) A common name, insignia, flag, or means of recognition; (c) Common identifying hand or body signs, signals, graffiti, or code; (d) A common identifying mode, style, or color of dress; (e) An identifying tattoo or body marking; (f) Membership, age, or other qualifications; (g) Creed of belief; (h) An organizational or command structure, overt or covert; (i) A de facto claim of territory or jurisdiction; (j) Participation, whether present or under direction, in an initiation ritual; (k) Directing or ordering participation in an initiation ritual; (l) A concentration or specialty; (m) A method of operation or criminal enterprise; (n) Identification as a gang member by a reliable informant; (o) Identification as a criminal gang member by the alleged gang member's parent or guardian; (p) Self-proclamation of association, whether for business or enjoyment, with criminal gang members; (q) Identification through criminal gang publications, rosters, or bylaws; (r) Participation in some form of verbal or written communication indicating the commission of a crime by the criminal gang; (s) Participation in photos or social media interaction with criminal gang members promoting or furthering criminal activity; or (t) Having committed or planning to commit crime or a criminal activity to target a rival criminal gang. (2) It is no defense to prosecution under KRS 506.120, 506.140, 506.160, or 506.170 that: (a) One (1) or more members of the gang are not criminally responsible for the offense; (b) One (1) or more members of the gang have been acquitted, have not been prosecuted or convicted, have been convicted of a different offense, or are under prosecution; (c) A person has been charged with, acquitted, or convicted of any offense under KRS 506.120, 506.140, 506.160, or 506.170; (d) The participants may not know each other's identity; (e) The membership in the criminal gang may change from time to time; or (f) The participants may stand in a wholesaler-retailer or other arm's length arrangement in the conduct of illicit distribution or other operations. (3) Once the initial combination of three (3) or more persons is formed, the number or identity of persons remaining in the gang is immaterial as long as two (2) or more persons in the gang, excluding the defendant, are involved in a continuing pattern of criminal gang activity constituting a violation of KRS 506.120, 506.140, 506.160, or 506.170. Effective: April 26, 2018 History: Amended 2018 Ky. Acts ch. 202, sec. 4, effective April 26, 2018. -- Amended 2000 Ky. Acts ch. 431, sec. 2, effective July 14, 2000. -- Created 1998 Ky. Acts ch. 606, sec. 84, effective July 15, 1998. 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. Effective: April 26, 2018 History: Created 2018 Ky. Acts ch. 202, sec. 6, effective April 26, 2018. 506.190 Criminal gang-related property subject to forfeiture under same criteria and process as set out in KRS 218A.405 to 218A.460. All property used in connection with or acquired by a criminal gang as defined in KRS 506.135 or any of its members in committing, attempting to commit, or facilitating the commission of a criminal offense shall be subject to forfeiture under the same terms, conditions, and defenses and using the same process as set out in KRS 218A.405 to 218A.460. Effective: April 26, 2018 History: Created 2018 Ky. Acts ch. 202, sec. 8, effective April 26, 2018. 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. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 64, sec. 1, effective June 24, 2015. -- Created 1974 Ky. Acts ch. 406, sec. 60, effective January 1, 1975. Legislative Research Commission Note (6/24/2015). 2015 Ky. Acts ch. 64, sec. 3 provides that the amendments to this statute and KRS 507.030 made in 2015 Ky. Acts ch. 64, secs. 1 and 2 may be cited as "Conner's Law." 507.020 Murder. (1) A person is guilty of murder when: (a) With intent to cause the death of another person, he causes the death of such person or of a third person; except that in any prosecution a person shall not be guilty under this subsection if he acted under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse, the reasonableness of which is to be determined from the viewpoint of a person in the defendant's situation under the circumstances as the defendant believed them to be. However, nothing contained in this section shall constitute a defense to a prosecution for or preclude a conviction of manslaughter in the first degree or any other crime; or (b) Including, but not limited to, the operation of a motor vehicle under circumstances manifesting extreme indifference to human life, he wantonly engages in conduct which creates a grave risk of death to another person and thereby causes the death of another person. (2) Murder is a capital offense. Effective: July 13, 1984 History: Amended 1984 Ky. Acts ch. 165, sec. 26, effective July 13, 1984. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 1, effective December 22, 1976. -- Amended 1976 Ky. Acts ch. 183, sec. 1. -- Created 1974 Ky. Acts ch. 406, sec. 61, effective January 1, 1975. 507.030 Manslaughter in the first degree. (1) A person is guilty of manslaughter in the first degree when: (a) With intent to cause serious physical injury to another person, he causes the death of such person or of a third person; (b) With intent to cause the death of another person, he causes the death of such person or of a third person under circumstances which do not constitute murder because he acts under the influence of extreme emotional disturbance, as defined in subsection (1)(a) of KRS 507.020; or (c) 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. (2) Manslaughter in the first degree is a Class B felony. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 64, sec. 2, effective June 24, 2015. -- Created 1974 Ky. Acts ch. 406, sec. 62, effective January 1, 1975. Legislative Research Commission Note (6/24/2015). 2015 Ky. Acts ch. 64, sec. 3 provides that the amendments to this statute and KRS 507.010 made in 2015 Ky. Acts ch. 64, secs. 1 and 2 may be cited as "Conner's Law." 507.040 Manslaughter in the second degree. (1) A person is guilty of manslaughter in the second degree when he wantonly causes the death of another person, including but not limited to situations where the death results from the person's: (a) Operation of a motor vehicle; (b) Leaving a child under the age of eight (8) years in a motor vehicle under circumstances which manifest an extreme indifference to human life and which create a grave risk of death to the child, thereby causing the death of the child; or (c) Unlawful distribution for remuneration of a Schedule I or II controlled substance when the controlled substance is the proximate cause of death. (2) Manslaughter in the second degree is a Class C felony. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 130, sec. 3, effective June 27, 2019. -- Amended 2000 Ky. Acts ch. 521, sec. 18, effective July 14, 2000. -- Amended 1984 Ky. Acts ch. 165, sec. 27, effective July 13, 1984. -- Created 1974 Ky. Acts ch. 406, sec. 63, effective January 1, 1975. 507.050 Reckless homicide. (1) A person is guilty of reckless homicide when, with recklessness he causes the death of another person. (2) Reckless homicide is a Class D felony. Effective: January 1, 1975 History: 1974 Ky. Acts ch. 406, sec. 64, effective January 1, 1975. 507.060 Vehicular homicide. (1) A person is guilty of vehicular homicide when: (a) He or she causes the death of another; and (b) The death results from the person's operation of a motor vehicle, including but not limited to boats and airplanes, under the influence of alcohol, a controlled substance, or other substance which impairs driving ability as described in KRS 189A.010. (2) Vehicular homicide is a Class B felony. Effective: March 27, 2023 History: Created 2023 Ky. Acts ch. 111, sec. 3, effective March 27, 2023. Legislative Research Commission Note (3/27/2023). 2023 Ky. Acts ch. 111, sec. 4, provides that the Act, which created this statute and amended KRS 189A.103 and 189A.110, may be cited as Lily's Law. 507A.010 Definitions -- Exceptions. (1) As used in this chapter: (a) "Abortion" has the same meaning as in KRS 311.720; (b) "Health care provider" has the same meaning as in KRS 304.17A-005; and (c) "Unborn child" means a member of the species homo sapiens in utero from conception onward, without regard to age, health, or condition of dependency. (2) In a prosecution for the death of an unborn child, nothing in this chapter shall apply to acts performed by or at the direction of a health care provider that cause the death of an unborn child if those acts were committed: (a) During any abortion for which the consent of the pregnant woman has been obtained or for which the consent is implied by law in a medical emergency; or (b) As part of or incident to diagnostic testing or therapeutic medical or fertility treatment, provided that the acts were performed with that degree of care and skill which an ordinarily careful, skilled, and prudent health care provider or a person acting under the provider's direction would exercise under the same or similar circumstances. (3) Nothing in this chapter shall apply to any acts of a pregnant woman that caused the death of her unborn child. Effective: February 20, 2004 History: Created 2004 Ky. Acts ch. 1, sec. 1, effective February 20, 2004. 507A.020 Fetal homicide in the first degree. (1) A person is guilty of fetal homicide in the first degree when: (a) With intent to cause the death of an unborn child or with the intent necessary to commit an offense under KRS 507.020(1)(a), he causes the death of an unborn child; except that in any prosecution, a person shall not be guilty under this subsection if he acted under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse, the reasonableness of which is to be determined from the viewpoint of a person in the defendant's situation under the circumstances as the defendant believed them to be. However, nothing contained in this section shall constitute a defense to a prosecution for or preclude a conviction of fetal homicide in the second degree or any other crime; or (b) Including but not limited to the operation of a motor vehicle under circumstances manifesting extreme indifference to human life, he wantonly engages in conduct which creates a grave risk of death to an unborn child and thereby causes the death of an unborn child. (2) Fetal homicide in the first degree is a capital offense. Effective: February 20, 2004 History: Created 2004 Ky. Acts ch. 1, sec. 2, effective February 20, 2004. 507A.030 Fetal homicide in the second degree. (1) A person is guilty of fetal homicide in the second degree when: (a) With intent to cause serious physical injury to an unborn child or with the intent necessary to commit an offense under KRS 507.030(1)(a), he causes the death of an unborn child; or (b) With intent to cause the death of an unborn child or with the intent necessary to commit an offense under KRS 507.030(1)(b), he causes the death of an unborn child under circumstances which do not constitute fetal homicide in the first degree because he acts under the influence of extreme emotional disturbance, as defined in KRS 507A.020(1)(a). (2) Fetal homicide in the second degree is a Class B felony. Effective: February 20, 2004 History: Created 2004 Ky. Acts ch. 1, sec. 3, effective February 20, 2004. 507A.040 Fetal homicide in the third degree. (1) A person is guilty of fetal homicide in the third degree when he wantonly causes the death of an unborn child, including but not limited to situations where the death results from the person's operation of a motor vehicle. (2) Fetal homicide in the third degree is a Class C felony. Effective: February 20, 2004 History: Created 2004 Ky. Acts ch. 1, sec. 4, effective February 20, 2004. 507A.050 Fetal homicide in the fourth degree. (1) A person is guilty of fetal homicide in the fourth degree when, with recklessness, he causes the death of an unborn child. (2) Fetal homicide in the fourth degree is a Class D felony. Effective: February 20, 2004 History: Created 2004 Ky. Acts ch. 1, sec. 5, effective February 20, 2004. 507A.060 Death sentence prohibited. The death of an unborn child shall not result in the imposition of a sentence of death, either as a result of the violation of KRS 507A.020 or as a result of the aggravation of another capital offense under KRS 532.025(2). Effective: February 20, 2004 History: Created 2004 Ky. Acts ch. 1, sec. 6, effective February 20, 2004. 508.010 Assault in the first degree. (1) A person is guilty of assault in the first degree when: (a) He intentionally causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument; or (b) Under circumstances manifesting extreme indifference to the value of human life he wantonly engages in conduct which creates a grave risk of death to another and thereby causes serious physical injury to another person. (2) Assault in the first degree is a Class B felony. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 65, effective January 1, 1975. 508.020 Assault in the second degree. (1) A person is guilty of assault in the second degree when: (a) He intentionally causes serious physical injury to another person; or (b) He intentionally causes physical injury to another person by means of a deadly weapon or a dangerous instrument; or (c) He wantonly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument. (2) Assault in the second degree is a Class C felony. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 66, effective January 1, 1975. 508.025 Assault in the third degree. (1) A person is guilty of assault in the third degree when the actor: (a) Recklessly, with a deadly weapon or dangerous instrument, or intentionally causes or attempts to cause physical injury to: 1. A state, county, city, or federal peace officer; 2. An employee of a detention facility, or state residential treatment facility or state staff secure facility for residential treatment which provides for the care, treatment, or detention of a juvenile charged with or adjudicated delinquent because of a public offense or as a youthful offender; 3. A healthcare provider as defined in KRS 311.821, if the event occurs while the healthcare provider is providing medical care in an emergency room of a hospital; 4. An employee of the Department for Community Based Services employed as a social worker to provide direct client services, if the event occurs while the worker is performing job-related duties; 5. Paid or volunteer emergency medical services personnel certified or licensed pursuant to KRS Chapter 311A, if the event occurs while personnel are performing job-related duties; 6. A paid or volunteer member of an organized fire department, if the event occurs while the member is performing job-related duties; 7. Paid or volunteer rescue squad personnel affiliated with the Division of Emergency Management of the Department of Military Affairs or a local disaster and emergency services organization pursuant to KRS Chapter 39F, if the event occurs while personnel are performing job- related duties; 8. A probation and parole officer; 9. A transportation officer appointed by a county fiscal court or legislative body of a consolidated local government, urban-county government, or charter government to transport inmates when the county jail or county correctional facility is closed while the transportation officer is performing job-related duties; 10. A public or private elementary or secondary school or school district classified or certified employee, school bus driver, or other school employee acting in the course and scope of the employee's employment; or 11. A public or private elementary or secondary school or school district volunteer acting in the course and scope of that person's volunteer service for the school or school district; (b) Being a person confined in a detention facility, or a juvenile in a state residential treatment facility or state staff secure facility for residential treatment which provides for the care, treatment, or detention of a juvenile charged with or adjudicated delinquent because of a public offense or as a youthful offender, inflicts physical injury upon or throws or causes feces, or urine, or other bodily fluid to be thrown upon an employee of the facility; or (c) Intentionally causes a person, whom the actor knows or reasonably should know to be a peace officer discharging official duties, to come into contact with saliva, vomit, mucus, blood, seminal fluid, urine, or feces without the consent of the peace officer. (2) (a) For a violation of subsection (1)(a) of this section, assault in the third degree is a Class D felony, unless the offense occurs during a declared emergency as defined by KRS 39A.020 arising from a natural or man-made disaster, within the area covered by the emergency declaration, and within the area impacted by the disaster, in which case it is a Class C felony. (b) For a violation of subsection (1)(b) of this section, assault in the third degree is a Class D felony. (c) For violations of subsection (1)(c) of this section, assault in the third degree is a Class B misdemeanor, unless the assault is with saliva, vomit, mucus, blood, seminal fluid, urine, or feces from an adult who knows that he or she has a serious communicable disease and competent medical or epidemiological evidence demonstrates that the specific type of contact caused by the actor is likely to cause transmission of the disease or condition, in which case it is a Class A misdemeanor. (d) As used in paragraph (c) of this subsection, "serious communicable disease" means a non-airborne disease that is transmitted from person to person and determined to have significant, long-term consequences on the physical health or life activities of the person infected. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 109, sec. 4, effective June 29, 2023. -- Amended 2022 Ky. Acts ch. 151, sec. 2, effective July 14, 2022. -- Amended 2018 Ky. Acts ch. 189, sec. 1, effective July 14, 2018. -- Amended 2005 Ky. Acts ch. 128, sec. 1, effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 208, sec. 1, effective July 15, 2002; and ch. 360, sec. 1, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 14, sec. 56, effective July 14, 2000; ch. 193, sec. 17, effective July 14, 2000; and ch. 345, sec. 7, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 345, sec. 1, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 397, sec. 1, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 380, sec. 1, effective July 13, 1990. -- Created 1982 Ky. Acts ch. 429, sec. 1, effective July 15, 1982. Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts ch. 128, sec. 1, which included an amendment to this statute, provides that the Act shall be known as the "Brenda D. Cowan Act." 508.030 Assault in the fourth degree. (1) A person is guilty of assault in the fourth degree when: (a) He intentionally or wantonly causes physical injury to another person; or (b) With recklessness he causes physical injury to another person by means of a deadly weapon or a dangerous instrument. (2) Assault in the fourth degree is a Class A misdemeanor. Effective: July 15, 1982 History: Amended 1982 Ky. Acts ch. 429, sec. 2, effective July 15, 1982. -- Created 1974 Ky. Acts ch. 406, sec. 67, effective January 1, 1975. 508.032 Assault of family member or member of an unmarried couple -- Enhancement of penalty. (1) If a person commits a third or subsequent offense of assault in the fourth degree under KRS 508.030 within five (5) years, and the relationship between the perpetrator and the victim in each of the offenses meets the definition of family member or member of an unmarried couple, as defined in KRS 403.720, then the person may be convicted of a Class D felony. If the Commonwealth desires to utilize the provisions of this section, the Commonwealth shall indict the defendant and the case shall be tried in the Circuit Court as a felony case. The jury, or judge if the trial is without a jury, may decline to assess a felony penalty in a case under this section and may convict the defendant of a misdemeanor. The victim in the second or subsequent offense is not required to be the same person who was assaulted in the prior offenses in order for the provisions of this section to apply. (2) In determining the five (5) year period under this section, the period shall be measured from the dates on which the offenses occurred for which the judgments of conviction were entered by a court of competent jurisdiction. Effective: July 14, 2000 History: Amended 2000 Ky. Acts ch. 401, sec. 39, effective July 14, 2000. -- Created 1996 Ky. Acts ch. 345, sec. 2, effective July 15, 1996. 508.040 Assault under extreme emotional disturbance. (1) In any prosecution under KRS 508.010, 508.020 or 508.030 in which intentionally causing physical injury or serious physical injury is an element of the offense, the defendant may establish in mitigation that he acted under the influence of extreme emotional disturbance, as defined in subsection (1)(a) of KRS 507.020. (2) An assault committed under the influence of extreme emotional disturbance is: (a) A Class D felony when it would constitute an assault in the first degree or an assault in the second degree if not committed under the influence of an extreme emotional disturbance; or (b) A Class B misdemeanor when it would constitute an assault in the fourth degree if not committed under the influence of an extreme emotional disturbance. Effective: July 13, 1984 History: Amended 1984 Ky. Acts ch. 111, sec. 198, effective July 13, 1984. -- Created 1974 Ky. Acts ch. 406, sec. 68, effective January 1, 1975. 508.050 Menacing. (1) A person is guilty of menacing when he intentionally places another person in reasonable apprehension of imminent physical injury. (2) Menacing is a Class B misdemeanor. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 69, effective January 1, 1975. 508.060 Wanton endangerment in the first degree. (1) A person is guilty of wanton endangerment in the first degree when, under circumstances manifesting extreme indifference to the value of human life, he wantonly engages in conduct which creates a substantial danger of death or serious physical injury to another person. (2) Wanton endangerment in the first degree is a Class D felony. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 70, effective January 1, 1975. 508.070 Wanton endangerment in the second degree. (1) A person is guilty of wanton endangerment in the second degree when he wantonly engages in conduct which creates a substantial danger of physical injury to another person. (2) Wanton endangerment in the second degree is a Class A misdemeanor. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 71, effective January 1, 1975. 508.075 Terroristic threatening in the first degree. (1) A person is guilty of terroristic threatening in the first degree when he or she: (a) Intentionally makes false statements that he or she or another person has placed a weapon of mass destruction on: 1. The real property or any building of any public or private elementary or secondary school, vocational school, or institution of postsecondary education; 2. A school bus or other vehicle owned, operated, or leased by a school; 3. The real property or any building public or private that is the site of an official school-sanctioned function; 4. The real property or any building owned or leased by a government agency; or 5. The real property or any building owned or leased by a domestic violence shelter as defined in KRS 511.085; or (b) Intentionally and without lawful authority, places a counterfeit weapon of mass destruction at any location or on any object specified in paragraph (a) of this subsection. (2) A counterfeit weapon of mass destruction is placed with lawful authority if it is placed, with the written permission of the chief officer of the school or other institution, as a part of an official training exercise and is placed by a public servant, as defined in KRS 522.010. (3) A person is not guilty of commission of an offense under this section if he or she, innocently and believing the information to be true, communicates a threat made by another person to school personnel, domestic violence shelter personnel, a peace officer, a law enforcement agency, a public agency involved in emergency response, or a public safety answering point and identifies the person from whom the threat was communicated, if known. (4) Terroristic threatening in the first degree is a Class C felony. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 163, sec. 1, effective July 14, 2022. -- Created 2001 Ky. Acts ch. 113, sec. 1, effective June 21, 2001. 508.078 Terroristic threatening in the second degree. (1) A person is guilty of terroristic threatening in the second degree when, other than as provided in KRS 508.075, he or she intentionally: (a) With respect to any scheduled, publicly advertised event open to the public, any place of worship, or any school function, threatens to commit any act likely to result in death or serious physical injury to any person at a scheduled, publicly advertised event open to the public, any person at a place of worship, or any student group, teacher, volunteer worker, or employee of a public or private elementary or secondary school, vocational school, or institution of postsecondary education, or to any other person reasonably expected to lawfully be on school property or at a school-sanctioned activity, if the threat is related to their employment by a school, or work or attendance at school, or a school function. A threat directed at a person or persons at a scheduled, publicly advertised event open to the public, place of worship, or school does not need to identify a specific person or persons or school in order for a violation of this section to occur; (b) Makes false statements by any means, including by electronic communication, indicating that an act likely to result in death or serious physical injury is occurring or will occur for the purpose of: 1. Causing evacuation of a school building, school property, or school- sanctioned activity; 2. Causing cancellation of school classes or school-sanctioned activity; or 3. Creating fear of death or serious physical injury among students, parents, or school personnel; (c) Makes false statements that he or she has placed a weapon of mass destruction at any location other than one specified in KRS 508.075; or (d) Without lawful authority places a counterfeit weapon of mass destruction at any location other than one specified in KRS 508.075. (2) A counterfeit weapon of mass destruction is placed with lawful authority if it is placed as part of an official training exercise by a public servant, as defined in KRS 522.010. (3) A person is not guilty of commission of an offense under this section if he or she, innocently and believing the information to be true, communicates a threat made by another person to school personnel, a peace officer, a law enforcement agency, a public agency involved in emergency response, or a public safety answering point and identifies the person from whom the threat was communicated, if known. (4) Except as provided in subsection (5) of this section, terroristic threatening in the second degree is a Class D felony. (5) Terroristic threatening in the second degree is a Class C felony when, in addition to violating subsection (1) of this section, the person intentionally engages in substantial conduct required to prepare for or carry out the threatened act, including but not limited to gathering weapons, ammunition, body armor, vehicles, or materials required to manufacture a weapon of mass destruction. Effective: February 21, 2020 History: Amended 2020 Ky. Acts ch. 5, sec. 12, effective February 21, 2020. -- Amended 2019 Ky. Acts ch. 5, sec. 20, effective March 11, 2019.; and ch. 96, sec. 1, effective June 27, 2019. -- Amended 2019 Ky. Acts ch. 96, sec. 1, effective June 27, 2019 -- Created 2001 Ky. Acts ch. 113, sec. 2, effective June 21, 2001. 508.080 Terroristic threatening in the third degree. (1) Except as provided in KRS 508.075 or 508.078, a person is guilty of terroristic threatening in the third degree when: (a) He threatens to commit any crime likely to result in death or serious physical injury to another person or likely to result in substantial property damage to another person; or (b) He intentionally makes false statements for the purpose of causing evacuation of a building, place of assembly, or facility of public transportation. (2) Terroristic threatening in the third degree is a Class A misdemeanor. Effective: June 21, 2001 History: Amended 2001 Ky. Acts ch. 113, sec. 3, effective June 21, 2001. -- Created 1974 Ky. Acts ch. 406, sec. 72, effective January 1, 1975. 508.090 Definitions for KRS 508.100 to 508.120. The following definitions apply in KRS 508.100 to 508.120 unless the context otherwise requires: (1) "Abuse" means the infliction of physical pain, injury, or mental injury, or the deprivation of services by a person which are necessary to maintain the health and welfare of a person, or a situation in which an adult, living alone, is unable to provide or obtain for himself the services which are necessary to maintain his health or welfare. (2) "Physically helpless" and "mentally helpless" means a person who lacks substantial

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