Title L, Kentucky Penal Code
36 chapters · 519 sections in this title.
KRS § 508.022 Certain assault convictions operate as applications for protective orders
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(1) The entering of a judgment of conviction for assault in the first degree or assault in the second degree, or for a felony criminal attempt, conspiracy, facilitation, or solicitation to commit assault in the first degree or assault in the second degree, shall operate as an app…
KRS § 508.025 Assault in the third degree
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(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 f…
KRS § 508.030 Assault in the fourth degree
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(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 f…
KRS § 508.032 Assault of family member or member of an unmarried couple -- Enhancement of penalty
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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 memb…
KRS § 508.040 Assault under extreme emotional disturbance
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(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 de…
KRS § 508.050 Menacing
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(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.
KRS § 508.060 Wanton endangerment in the first degree
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(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 or she wantonly engages in conduct which creates a substantial danger of death or serious physical injury to another person.…
KRS § 508.070 Wanton endangerment in the second degree
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(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.
KRS § 508.075 Terroristic threatening in the first degree
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(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 …
KRS § 508.078 Terroristic threatening in the second degree
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(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, any school function, any workplace, …
KRS § 508.080 Terroristic threatening in the third degree
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(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…
KRS § 508.090 Definitions for KRS 508.100 to 508.120
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As used in KRS 508.100 to 508.120, unless the context requires otherwise: (1) "Abuse or neglect" means: (a) The infliction of: 1. Physical pain or injury, including ingestion or inhalation of a controlled substance; or 2. Mental injury; or (b) The deprivation of services by a per…
KRS § 508.100 Criminal abuse in the first degree
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(1) A person is guilty of criminal abuse or neglect in the first degree when he or she intentionally abuses or neglects another person or permits another person of whom he or she has actual custody to be abused or neglected and thereby: (a) Causes serious physical injury; (b) Pla…
KRS § 508.110 Criminal abuse in the second degree
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(1) A person is guilty of criminal abuse or neglect in the second degree when he or she wantonly abuses or neglects another person or permits another person of whom he or she has actual custody to be abused or neglected and thereby: (a) Causes serious physical injury; or (b) Plac…
KRS § 508.120 Criminal abuse in the third degree
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(1) A person is guilty of criminal abuse or neglect in the third degree when he or she recklessly abuses or neglects another person or permits another person of whom he or she has actual custody to be abused or neglected and thereby: (a) Causes serious physical injury; or (b) Pla…
KRS § 508.125 Female genital mutilation
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(1) As used in this section, "female genital mutilation" means a procedure that involves the partial or total removal of the external female genitalia or any procedure harmful to the female genitalia, including but not limited to: (a) A clitoridectomy; (b) The partial or total re…
KRS § 508.130 Stalking
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(1) As used in this section, unless the context requires otherwise: (a) 1. "Course of conduct" means a pattern of conduct composed of two (2) or more acts, evidencing a continuity of purpose. 2. One (1) or more of these acts may include: a. Those by which a person, directly or in…
KRS § 508.152 Unlawful use of a tracking device
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(1) As used in this section: (a) "Motor vehicle" has the same meaning as "vehicle" in KRS 186.010(8)(a); (b) "Protective order" has the same meaning as in KRS 508.130; and (c) "Tracking device" means an electronic or mechanical device that is designed or intended to allow a perso…
KRS § 508.155 Interpersonal protective order to be issued upon violation of KRS 508.130
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A verdict of guilty or a plea of guilty to KRS 508.130 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 orde…
KRS § 508.160 Disarming a peace officer -- Penalty -- Applicability
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(1) A person is guilty of disarming a peace officer when he intentionally: (a) Removes a firearm or other deadly weapon from the person of a peace officer when the peace officer is acting within the scope of his official duties; or (b) Deprives a peace officer of the officer's us…
KRS § 508.170 Strangulation in the first degree
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(1) A person is guilty of strangulation in the first degree when the person, without consent, intentionally impedes the normal breathing or circulation of the blood of another person by: (a) Applying pressure on the throat or neck of the other person; or (b) Blocking the nose or …
KRS § 508.175 Strangulation in the second degree
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(1) A person is guilty of strangulation in the second degree when the person, without consent, wantonly impedes the normal breathing or circulation of the blood of another person by: (a) Applying pressure on the throat or neck of the other person; or (b) Blocking the nose or mout…
KRS § 508.180 Definitions for KRS 508.180 to 508.186
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As used in KRS 508.180 to 508.186, unless the context requires otherwise: (1) "Hazing" means a direct action which substantially endangers the physical health of a minor or student for the purpose of recruitment, initiation into, affiliation with, or enhancing or maintaining memb…
KRS § 508.182 Hazing in the first degree -- Defenses -- Sentencing
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(1) A person is guilty of hazing in the first degree when he or she intentionally or wantonly engages in an act of hazing that results in serious physical injury or death to a minor or student. (2) It shall be a defense under this section that the act was part of reasonable and c…
KRS § 508.184 Hazing in the second degree -- Defenses -- Sentencing
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(1) A person is guilty of hazing in the second degree when he or she recklessly engages in an act of hazing. (2) It shall be a defense under this section that the act was part of reasonable and customary: (a) Interscholastic or intercollegiate athletic practices, competitions, or…
KRS § 508.186 Construction of KRS 508.180 to 508.186
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Nothing in KRS 508.180 to 508.186 shall be construed to create or imply a new cause of action against any educational institution.
KRS § 509.010 Definitions
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The following definitions apply in this chapter unless the context otherwise requires: (1) "Relative" means a parent, ancestor, brother, sister, uncle or aunt. (2) "Restrain" means to restrict another person's movements in such a manner as to cause a substantial interference with…
KRS § 509.020 Unlawful imprisonment in the first degree
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(1) A person is guilty of unlawful imprisonment in the first degree when he knowingly and unlawfully restrains another person under circumstances which expose that person to a risk of serious physical injury. (2) Unlawful imprisonment in the first degree is a Class D felony.
KRS § 509.030 Unlawful imprisonment in the second degree
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(1) A person is guilty of unlawful imprisonment in the second degree when he knowingly and unlawfully restrains another person. (2) Unlawful imprisonment in the second degree is a Class A misdemeanor.
KRS § 509.040 Kidnapping
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(1) A person is guilty of kidnapping when he unlawfully restrains another person and when his intent is: (a) To hold him for ransom or reward; or (b) To accomplish or to advance the commission of a felony; or (c) To inflict bodily injury or to terrorize the victim or another; or …
KRS § 509.050 Exemption
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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 immed…
KRS § 509.060 Defense
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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.
KRS § 509.070 Custodial interference
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(1) A person is guilty of custodial interference when, knowing that he has no legal right to do so, he takes, entices or keeps from lawful custody any mentally disabled or other person entrusted by authority of law to the custody of another person or to an institution. (2) It is …
KRS § 509.080 Criminal coercion
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(1) A person is guilty of criminal coercion when with intent to compel another person to engage in or refrain from conduct, he unlawfully threatens to: (a) Commit any crime; or (b) Accuse anyone of a crime; or (c) Expose any secret tending to subject any person to hatred, contemp…
KRS § 510.010 Definitions for chapter
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The following definitions apply in this chapter unless the context otherwise requires: (1) "Adult intermediary" means a person who is eighteen (18) years of age or older and communicates with another for the purpose of procuring or promoting the use of a minor in violation of KRS…
KRS § 510.015 Treatment of third or subsequent misdemeanor under KRS Chapter 510 as Class D felony
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as Class D felony. Unless a higher penalty is otherwise prescribed and notwithstanding any provision of this chapter to the contrary, a person who commits a third or subsequent misdemeanor offense under this chapter, except for violations of KRS 510.150, may be convicted of a Cla…
KRS § 510.020 Lack of consent
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(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 i…
KRS § 510.030 Defenses to prosecution based on victim's lack of consent
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In any prosecution under this chapter in which the victim's lack of consent is based solely on his incapacity to consent because he was less than sixteen (16) years old, an individual with an intellectual disability, mentally incapacitated, or physically helpless, the defendant m…
KRS § 510.035 Exception to KRS 510.020
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A person who engages in sexual intercourse or deviate sexual intercourse with another person to whom the person is married, or subjects another person to whom the person is married to sexual contact, does not commit an offense under this chapter regardless of the person's age sol…
KRS § 510.037 Conviction for rape, sodomy, or sexual abuse or for criminal attempt, conspiracy, facilitation, or solicitation to commit any degree of these crimes triggers application for interpersonal protective order
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conspiracy, facilitation, or solicitation to commit any degree of these crimes 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, conspira…
KRS § 510.040 Rape in the first degree
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(1) A person is guilty of rape in the first degree when: (a) He engages in sexual intercourse with another person by forcible compulsion; or (b) He engages in sexual intercourse with another person who is incapable of consent because he: 1. Is physically helpless; or 2. Is less t…
KRS § 510.050 Rape in the second degree
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(1) A person is guilty of rape in the second degree when: (a) Being eighteen (18) years old or more, he or she engages in sexual intercourse with another person less than fourteen (14) years old; or (b) He or she engages in sexual intercourse with another person who is mentally i…
KRS § 510.060 Rape in the third degree
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(1) A person is guilty of rape in the third degree when: (a) Being twenty-one (21) years old or more, he or she engages in sexual intercourse with another person less than sixteen (16) years old; (b) Being at least ten (10) years older than a person who is sixteen (16) or sevente…
KRS § 510.070 Sodomy in the first degree
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(1) A person is guilty of sodomy in the first degree when: (a) He engages in deviate sexual intercourse with another person by forcible compulsion; or (b) He engages in deviate sexual intercourse with another person who is incapable of consent because he: 1. Is physically helples…
KRS § 510.080 Sodomy in the second degree
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(1) A person is guilty of sodomy in the second degree when: (a) Being eighteen (18) years old or more, he or she engages in deviate sexual intercourse with another person less than fourteen (14) years old; or (b) He or she engages in deviate sexual intercourse with another person…
KRS § 510.090 Sodomy in the third degree
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(1) A person is guilty of sodomy in the third degree when: (a) Being twenty-one (21) years old or more, he or she engages in deviate sexual intercourse with another person less than sixteen (16) years old; (b) Being at least ten (10) years older than a person who is sixteen (16) …
KRS § 510.100 Sodomy in the fourth degree
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(1) A person is guilty of sodomy in the fourth degree when he engages in deviate sexual intercourse with another person of the same sex. (2) Notwithstanding the provisions of KRS 510.020, consent of the other person shall not be a defense under this section, nor shall lack of con…
KRS § 510.110 Sexual abuse in the first degree
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(1) A person is guilty of sexual abuse in the first degree when: (a) He or she subjects another person to sexual contact by forcible compulsion; or (b) He or she subjects another person to sexual contact who is incapable of consent because he or she: 1. Is physically helpless; 2.…
KRS § 510.120 Sexual abuse in the second degree
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(1) A person is guilty of sexual abuse in the second degree when: (a) He or she is at least eighteen (18) years old but less than twenty-one (21) years old and subjects another person who is less than sixteen (16) years old to sexual contact; (b) Being a jailer, or an employee, c…
KRS § 510.130 Sexual abuse in the third degree
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(1) A person is guilty of sexual abuse in the third degree when he or she subjects another person to sexual contact without the latter's consent. (2) In any prosecution under this section, it is a defense that: (a) The other person's lack of consent was due solely to incapacity t…