Title XL, Crimes and Punishments

In any prosecution for violation of KRS 434.550 to 434.730, the Commonwealth is not required to establish and it is no defense that: (1) A person other than the defendant who violated KRS 434.550 to 434.730 has not been convicted, apprehended, or identified; or (2) Some of the ac…

When KRS 434.550 to 434.730 establishes a presumption with respect to any fact which is an element of a crime, it has the following consequences: (1) When there is sufficient evidence of the facts which give rise to the presumption to go to the jury, the issue of the existence of…

where prima facie evidence of fraud exists and proper notice is given. In the event of the existence of prima facie evidence of fraudulent intent as defined in KRS 434.695 and proper notice given as required, any person, firm or corporation causing the arrest of a person so using…

KRS 434.550 to 434.730 shall not be construed to preclude the applicability of any other provision of the criminal law of this Commonwealth which presently applies or may in the future apply to any transaction which violates KRS 434.550 to 434.730, unless such provision is incons…

(1) A person who has violated KRS 434.590 shall be guilty of a Class A misdemeanor. (2) A person who has violated KRS 434.600 shall be guilty of a Class D felony. (3) A person who has violated the provisions of KRS 434.675(1) shall be guilty of a Class D felony for the first offe…

For the purposes of KRS 434.840 to 434.860, the following words, including any form of the word, and terms shall have the following meanings: (1) "Access" means to approach, instruct, communicate with, manipulate, store data in, retrieve or intercept data from, or otherwise make …

(1) A person is guilty of unlawful access to a computer in the first degree when he or she, without the effective consent of the owner, knowingly and willfully, directly or indirectly accesses, causes to be accessed, or attempts to access any computer software, computer program, …

(1) A person is guilty of unlawful access to a computer in the second degree when he or she, without the effective consent of the owner, knowingly and willfully, directly or indirectly accesses, causes to be accessed, or attempts to access any computer software, computer program,…

(1) A person is guilty of unlawful access in the third degree when he or she, without the effective consent of the owner, knowingly and willfully, directly or indirectly accesses, causes to be accessed, or attempts to access any computer software, computer program, data, computer…

(1) A person is guilty of unlawful access in the fourth degree when he or she, without the effective consent of the owner, knowingly and willfully, directly or indirectly accesses, causes to be accessed, or attempts to access any computer software, computer program, data, compute…

(1) A person is guilty of misuse of computer information when he or she: (a) Receives, conceals, or uses, or aids another in doing so, any proceeds of a violation of KRS 434.845; or (b) Receives, conceals, or uses or aids another in doing so, any books, records, documents, proper…

For the purpose of venue under the provisions of KRS 434.845, 434.850, 434.851, 434.853, or 434.855, any violation of KRS 434.845, 434.850, 434.851, 434.853, or 434.855 shall be considered to have been committed: in any county in which any act was performed in furtherance of any …

As used in KRS 434.870 to 434.876, unless the context otherwise requires: (1) "Financial information" includes but is not limited to any of the following information identifiable to the individual that concerns the amount and conditions of an individual's assets, liabilities, or …

Penalties. (1) No person may obtain or attempt to obtain, or cause to be disclosed or attempt to cause to be disclosed to any person, financial information from a financial information repository by knowingly: (a) Making a false, fictitious, or fraudulent statement or representat…

(1) A person is guilty of trafficking in financial information when he or she manufactures, sells, transfers, or purchases, or possesses with the intent to manufacture, sell, transfer, or purchase financial information for the purpose of committing any crime. (2) Trafficking in f…

(1) No provision of KRS 434.870 to 434.876 shall be construed to prevent any action by a law enforcement agency, or any officer, employee, or agent of such agency, or any action of an agent of the financial information repository when working in conjunction with a law enforcement…

As used in KRS 436.001 to 436.009: (1) "Age verification" means verifying that the person seeking access to the matter is eighteen (18) years old or older, through any of the following methods: (a) State-issued form of identification, including but not limited to an operator's li…

minors -- Civil actions -- Applicability. (1) Any covered platform that knowingly and intentionally publishes or distributes material on the internet, more than one-third (1/3) of which is matter harmful to minors, and fails to perform age verification, either by itself or throug…

(1) Any covered platform or third party that performs the age verification required under KRS 436.002 shall not retain any identifying information of the individual after access has been granted to the matter. (2) A covered platform or third party that is found to have knowingly …

or officers prohibited. (1) Any party filing a civil action under KRS 436.002 or 436.004 shall: (a) Bring the action in: 1. The Circuit Court of the county where the alleged violation occurred; 2. The Circuit Court of the county in which the person bringing the action resides; or…

(1) Nothing in KRS 436.001 to 436.009 shall be construed to impose liability on: (a) An internet service provider, or its affiliates or subsidiaries; (b) A general purpose search engine; or (c) A cloud service provider; when acting in its capacity as a provider of those services …

(1) A waiver, purported waiver, or estoppel of a person's right to bring a civil action under KRS 436.002 or 436.004, or of any remedy or any other protection provided by KRS 436.001 to 436.009, shall be void and unenforceable as against public policy, and a court or arbitrator s…

prohibited. Any person who shall sell, transfer, distribute, or give away any live or viable aborted child or permits such child to be used for any form of experimentation shall be guilty of a Class B felony. Nothing contained in this section shall be construed as prohibiting ado…

certain businesses and employers excluded -- Penalty. (1) Any person who works on Sunday at his own or at any other occupation or employs any other person, in labor or other business, whether for profit or amusement, unless his work or the employment of others is in the course of…

of city or county -- Restrictions -- Public vote. In addition to the provisions of KRS 436.160: (1) The legislative body of any city, except as to activities permitted under KRS 436.160, shall have the exclusive power to enact ordinances or orders permitting and regulating other …

evidence of burns, drugs, lacerations or any pain inflicting device. (1) (a) The term "walking horse" as used in this section shall be construed to include only that breed of horses known as walking horses. (b) The term "handler" as used in this section shall be construed to mean…

to supply blank cards. No person owning or controlling a billiard or pool table shall permit, for compensation or reward, any minor under eighteen (18) years of age to play any game on the table, unless such minor shall have first displayed an identification card containing his n…

wagering exempt from KRS Chapter 528. KRS Chapter 528 shall not apply to pari-mutuel wagering, fantasy contests, fixed-odds wagering, wagering on live horse races and historical horse races, or sports wagering authorized under the provisions of KRS Chapter 230.

(1) In any prosecution or any investigation by an examining court or grand jury of gambling violations, it shall be no exemption for a witness that his testimony may incriminate himself. (2) It shall be no exemption for the buyer of a lottery ticket, in any prosecution against th…

advertising placed or accepted. (1) No person shall advertise any motion picture in any media, including but not limited to newspapers, magazines, radio, television, or billboards, without including the rating assigned to that picture by the Motion Picture Coding Association of A…

No person shall sell, exchange, offer to sell or exchange, display, or possess living baby chicks, ducklings, or other fowl or rabbits which have been dyed or colored; nor dye or color any baby chicks, ducklings, or other fowl or rabbits; nor sell, exchange, offer to sell or exch…

except power of arrest -- Search warrants -- Execution of search warrants -- Arrest by peace officer. (1) Animal control officers and officers and agents of humane societies who are employed by, appointed by, or have contracted with a city, county, urban-county, charter county, o…

525.130 occur. All animals of the same species, which are on the property when an animal is caused to fight for pleasure or profit, in violation of the provisions of KRS 525.125 and 525.130, shall be confiscated and turned over to the county animal control officer employed, appoi…

Any person who, in this state, challenges another to fight with any deadly weapon, in or out of this state, and any person who accepts the challenge, shall be fined five hundred dollars ($500) and imprisoned for not less than six (6) nor more than twelve (12) months. Any person w…

Any person who displays, handles or uses any kind of reptile in connection with any religious service or gathering shall be fined not less than fifty dollars ($50) nor more than one hundred dollars ($100).

In any prosecution for criminal conspiracy it shall be no exemption for a witness that his testimony may incriminate himself. No testimony given by the witness shall be used against him in any prosecution except for perjury, and he shall be discharged from all liability for a vio…

As used in KRS 437.410 to 437.429, unless the context otherwise requires: (1) "Animal" means any warm or cold blooded animal used in food or fiber production, agriculture, research, testing, or education, including poultry, fish, and insects; (2) "Animal facility" means any vehic…

The General Assembly finds that the caring, rearing, feeding, breeding, and sale of animals and animal products, and the use of animals in research, testing, and education, represents vital segments of the economy of the state, that producers and others involved in the production…

(1) A person commits an offense if, without the effective consent of the owner, the person acquires or otherwise exercises control over an animal facility, an animal from an animal facility, or other property from an animal facility, with the intent to deprive the owner of the fa…

(1) Any person who violates any provision of KRS 437.410 to 437.420 shall be subject to a fine of not more than five thousand dollars ($5,000) or imprisoned for not less than six (6) months but not more than one (1) year, or both, for each violation. (2) Any persons convicted of …

within five hundred feet of school -- Fine. (1) No cigarette or tobacco products advertising shall be posted on a billboard with display space larger than fifty (50) square feet located within five hundred (500) feet of any elementary or secondary school building or adjacent scho…

on school premises -- Exception. (1) Any person, except adult employees of the school system who smoke in a room on the school premises designated by the superintendent or principal for the purpose, who uses alternative nicotine products, tobacco products, or vapor products in an…

(1) Except as provided in subsection (2) of this section any person who places or causes to be placed in any stream, dam, pool or pond any substance that renders the water unfit for use or produces a stench shall be fined not less than ten dollars ($10) nor more than one hundred …

(1) No person licensed to practice medicine, dentistry, osteopathy, podiatry, optometry, or chiropractic, or any other healing art in this state shall solicit persons to become patients, or advertise by mail, card, newspaper, pamphlet, radio, television, or any other medium, or p…

(1) "Party line" means a subscriber's line telephone circuit, consisting of two (2) or more main telephone stations connected therewith, each station with a distinctive ring or telephone number. (2) "Emergency" means a situation in which property or human life is in jeopardy and …

Any person who willfully refuses to yield or surrender the use of a party line to another person for the purpose of permitting such other person to report a fire or summon police, medical or other aid in case of emergency, shall be fined not less than twenty dollars ($20) nor mor…