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KRS Chapters 500 to 534 shall be known as the Kentucky Penal Code
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500.020 Offenses defined by statute -- Common law abolished.
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(1) Common law offenses are abolished and no act or omission shall constitute a
criminal offense unless designated a crime or violation under this code or
another statute of this state.
(2) This provision shall not affect the power of a court to punish for contempt or to
employ any sanction authorized by law for the enforcement of an order or a
civil judgment or decree.
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500.030 Rule of construction.
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All provisions of this code shall be liberally construed according to the fair import of
their terms, to promote justice, and to effect the objects of the law.
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500.040 Restrictions on applicability.
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(1) The provisions of this code shall not apply to any offense committed prior to
January 1, 1975, notwithstanding the provisions of KRS 446.110. Such an
offense must be construed and punished according to the provisions of law
existing at the time of the commission thereof in the same manner as if this
code had not been enacted.
(2) This code shall not bar, suspend or otherwise affect any right or liability to
damages, penalty, forfeiture or other remedy authorized by law to be recovered
or enforced in a civil action.
(3) For purposes of this section, an offense shall be deemed to have been
committed prior to January 1, 1975, if any element of the offense occurred prior
thereto.
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500.050 Time limitations.
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(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) For a misdemeanor offense under KRS Chapter 510 when the victim is under
the age of eighteen (18) at the time of the offense, the prosecution of the
offense shall be commenced within five (5) years after the victim attains the
age of eighteen (18) years.
(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.
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500.060 Territorial applicability.
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(1) Except as otherwise provided in this section, a person may be convicted under
the law of this state of an offense committed by his own conduct or the conduct
of another for which he is legally accountable when:
(a) Either the conduct or the result which is an element of the offense occurs
within this state; or
(b) Conduct occurring outside the state is sufficient to constitute an attempt
to commit an offense within the state; or
(c) Conduct occurring outside the state is sufficient to constitute a conspiracy
to commit an offense within the state and an overt act in furtherance of
the conspiracy occurs within the state; or
(d) Conduct occurring within this state establishes complicity in the
commission of, or an attempt, solicitation or conspiracy to commit, an
offense in another jurisdiction which is also an offense under the law of
this state; or
(e) The offense consists of the omission to perform a legal duty imposed by
the law of this state regardless of where that person is when the omission
occurs; or
(f) The offense is a violation of a statute of this state that expressly prohibits
conduct outside the state.
(2) Subsection (1)(a) does not apply if causing a particular result is an element of
an offense and the result is caused by conduct occurring outside the state that
would not constitute an offense if the result had occurred there, unless the
actor intentionally or knowingly caused the result within the state.
(3) When the offense is homicide, either the death of the victim or the bodily
impact causing death constitutes a "result" within the meaning of subsection
(1)(a). If the body of a homicide victim is found within this state, it shall be
prima facie evidence that the result occurred within the state.
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500.070 Burden of proof -- Defenses.
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(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.
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500.080 Definitions for Kentucky Penal Code. "Actor"
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(1) "Actor" means any natural person and, where relevant, a corporation or an
unincorporated association;
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500.080 Definitions for Kentucky Penal Code. "Crime"
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(2) "Crime" means a misdemeanor or a felony;
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500.080 Definitions for Kentucky Penal Code. "Dangerous instrument"
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(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;
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500.080 Definitions for Kentucky Penal Code. "Deadly weapon"
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(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;
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500.080 Definitions for Kentucky Penal Code. "Felony"
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(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;
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500.080 Definitions for Kentucky Penal Code. "Government"
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(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;
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500.080 Definitions for Kentucky Penal Code. "He"
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(7) "He" means any natural person and, where relevant, a corporation or an
unincorporated association;
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500.080 Definitions for Kentucky Penal Code. "Law"
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(8) "Law" includes statutes, ordinances, and properly adopted regulatory
provisions. Unless the context otherwise clearly requires, "law" also includes
the common law;
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500.080 Definitions for Kentucky Penal Code. "Minor"
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(9) "Minor" means any person who has not reached the age of majority as defined
in KRS 2.015;
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500.080 Definitions for Kentucky Penal Code. "Misdemeanor"
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(10) "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;
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500.080 Definitions for Kentucky Penal Code. "Offense"
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(11) "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;
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500.080 Definitions for Kentucky Penal Code. "Person"
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(12) "Person" means a human being, and where appropriate, a public or private
corporation, an unincorporated association, a partnership, a government, or a
governmental authority;
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500.080 Definitions for Kentucky Penal Code. "Physical injury"
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(13) "Physical injury" means substantial physical pain or any impairment of physical
condition;
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500.080 Definitions for Kentucky Penal Code. "Possession"
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(14) "Possession" means to have actual physical possession or otherwise to
exercise actual dominion or control over a tangible object;
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500.080 Definitions for Kentucky Penal Code. "Serious physical injury"
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(15) "Serious physical injury" means physical injury which creates a substantial risk
of death, or which causes serious and prolonged disfigurement, prolonged
impairment of health, or prolonged loss or impairment of the function of any
bodily organ;
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500.080 Definitions for Kentucky Penal Code. "Unlawful"
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(16) "Unlawful" means contrary to law or, where the context so requires, not
permitted by law. It does not mean wrongful or immoral;
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500.080 Definitions for Kentucky Penal Code. "Violation"
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(17) "Violation" means an offense, other than a traffic infraction, for which a
sentence to a fine only can be imposed; and
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500.080 Definitions for Kentucky Penal Code. "Weapon of mass destruction"
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(18) "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.
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(1) Except as provided in KRS 500.092, all property which is subject to forfeiture
under any section of the Kentucky Penal Code shall be disposed of in
accordance with this section.
(a) Property other than firearms which is forfeited under any section of this
code may, upon order of the trial court, be destroyed by the sheriff of the
county in which the conviction was obtained.
(b) Property other than firearms which is forfeited under any section of this
code may, upon order of the trial court, be sold at public auction. The
expenses of keeping and selling such property and the amount of all valid
recorded liens that are established by intervention as being bona fide
shall be paid out of the proceeds of the sale. The balance shall be paid to:
1. The state, if the property was seized by an agency of the state or
peace officer thereof;
2. The county, if the property was seized by the sheriff or an agency or
peace officer of the county;
3. The Department of Fish and Wildlife Resources, if the property was
seized by a peace officer of the Department of Fish and Wildlife or
was seized by any other officer for violation of KRS Chapter 150;
4. The city, if the property was seized by the city or by an agency or
peace officer thereof and the property was delivered to the city
property clerk;
5. The city (ninety percent (90%) of the proceeds) and the sheriff (ten
percent (10%) of the proceeds), if the property was seized by the
city or by an agency or peace officer thereof and the property was
delivered to the sheriff or the county police; or
6. The state, if the property was seized by any combination of
agencies listed above.
(c) Subject to the duty to return confiscated firearms and ammunition to
innocent owners pursuant to this section, all firearms and ammunition
confiscated by a state or local law enforcement agency, all firearms
ordered forfeited by a court, and all abandoned firearms and ammunition
coming into the custody of a state or local law enforcement agency and
not retained for official use shall be transferred to the Department of
Kentucky State Police for disposition as provided by KRS 16.220. The
transfer shall occur not more than ninety (90) days after the abandonment
of the firearm or ammunition to the law enforcement agency or not more
than ninety (90) days after its confiscation, unless a court requires the
firearm or ammunition for use as evidence, in which case it shall be
transferred to the Department of Kentucky State Police not more than
ninety (90) days following the order of forfeiture by the court or after the
court returns the firearm or ammunition from use as evidence. Prior to the
sale of any firearm or ammunition, the law enforcement agency shall
make a bona fide attempt to determine if the firearm or ammunition to be
sold has been stolen or otherwise unlawfully obtained from an innocent
owner and return the firearm and ammunition to its lawful innocent owner,unless that person is ineligible to purchase a firearm under federal law.
This subsection relating to auction of firearms and ammunition shall not
apply to firearms and ammunition auctioned by the Department of Fish
and Wildlife that may be sold to individual purchasers residing in
Kentucky who are eligible under federal law to purchase firearms and
ammunition of the type auctioned.
(d) If property which is forfeited under any section of this code is determined
by the trial court to be worthless, encumbered with liens in excess of its
value, or otherwise a burdensome asset, the court may abandon any
interest in such property. Property which is abandoned pursuant to this
section shall be returned to the lawful claimant upon payment of
expenses for keeping the property.
(e) Property which is forfeited under any section of this code may, upon order
of the trial court, be retained for official use in the following manner.
Property which has been seized by an agency of the state may be
retained for official state use. Property which has been seized by an
agency of county, city, or urban-county government may be retained for
official use by the government whose agency seized the property or for
official state use. Property seized by any other unit of government may be
retained only for official state use. The expenses for keeping and
transferring such property shall be paid by the unit of government by
which the property is retained.
(2) Money which has been obtained or conferred in violation of any section of this
code shall, upon conviction, be forfeited for the use of the state. This
subsection shall not apply when, during the course of the proceeding in which
the conviction is obtained, the person from whom said money was unlawfully
acquired is identified.
(3) Property forfeited under any section of this code shall be disposed of in
accordance with this section only after being advertised pursuant to KRS
Chapter 424. This subsection shall not apply to property which is designed and
suitable only for criminal use or to money forfeited under subsection (2) of this
section.
(4) The trial court shall remit the forfeiture of property when the lawful claimant:
(a) Asserts his or her claim before disposition of the property pursuant to this
section;
(b) Establishes his or her legal interest in the property; and
(c) Establishes that the unlawful use of the property was without his or her
knowledge and consent. This subsection shall not apply to a lienholder of
record when the trial court elects to dispose of the property pursuant to
subsection (1)(b) of this section.
(5) For purposes of this section, "lawful claimant" means owner or lienholder of
record.
(6) Before property which has had its identity obscured in violation of KRS 514.120
may be sold or retained for official use as provided in this section, the court
shall cause a serial or other identifying number to be placed thereon, and a
record of the number assigned shall be placed in the court order authorizingthe sale or retention of the property. This number shall be assigned, whenever
applicable, in consultation with the Department of Kentucky State Police and
any other state or federal regulatory agency. The purchaser of the property
shall be given a document stating that the property had been forfeited pursuant
to law and that a number, shown on the document, has been assigned which
shall be deemed as compliance of the owner with KRS 514.120. When
property is returned to an owner pursuant to this section and its identity has
been obscured by another person in violation of KRS 514.120, the court shall
provide a document to the owner relieving him or her of liability for its continued
possession. This document shall serve as evidence of compliance with KRS
514.120 by the owner or any person to whom he or she lawfully disposes of the
property. This section shall not apply to any person after property has been
sold or returned in compliance with this section who violates the provisions of
KRS 514.120 with respect to that property.
(7) Before forfeiture of any property under this section, it shall be the duty of the
trial court to determine if a lawful owner or claimant to the property has been
identified or is identifiable. If a lawful owner or claimant has been identified or is
identifiable, the court shall notify the owner or claimant that the property is
being held and specify a reasonable period of time during which the claim may
be made or may, in lieu thereof, order the return of the property to the lawful
owner or claimant. If the lawful owner or claimant does not assert his or her
claim to the property after notification or if he or she renounces his or her claim
to the property, the property shall be disposed of as provided in this section. It
shall be the duty of all peace officers and other public officers or officials having
knowledge of the lawful owner or claimant of property subject to forfeiture to
report the same to the trial court before the act of forfeiture occurs
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500.092 Forfeiture of personal property not used as a residence triggered by violation or attempted violation of certain offenses -- Forfeiture of real
and personal property associated with violation or attempted violation of
KRS 531.310 or 531.320.
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(1) (a) Notwithstanding KRS 500.090, all personal property which is not used as
a permanent residence in this state which is used in connection with or
acquired as a result of a violation or attempted violation of any of the
statutes set out in subsection (3) of this section 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 for property
subject to forfeiture under that chapter.
(b) Notwithstanding KRS 500.090, all real and personal property in this state
which is used in connection with or acquired as a result of a violation or
attempted violation of KRS 531.310 or 531.320 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 for property
subject to forfeiture under that chapter.
(2) Administrative regulations promulgated under KRS 218A.420 shall govern
expenditures derived from forfeitures under this section to the same extent that
they govern expenditures from forfeitures under KRS 218A.405 to 218A.460.
(3) The following offenses may trigger forfeiture of personal property under
subsection (1)(a) of this section:
(a) KRS 17.546;
(b) KRS 508.140 and 508.150 involving the use of any equipment,
instrument, machine, or other device by which communication or
information is transmitted, including computers, the Internet or other
electronic network, cameras or other recording devices, telephones or
other personal communications devices, scanners or other copying
devices, and any device that enables the use of a transmitting device;
(c) KRS 510.155;
(d) KRS 530.064(1)(a);
(e) KRS 531.030;
(f) KRS 531.040
(g) KRS 531.310;
(h) KRS 531.320;
(i) KRS 531.335;
(j) KRS 531.340;
(k) KRS 531.350;
(l) KRS 531.360; and
(m) KRS 531.370.
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500.093 Prohibition against court or law enforcement agency retaining firearms or ammunition to prevent their transfer or sale.
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No court or law enforcement agency shall retain a firearm or ammunition for official
use for the purpose of avoiding transfer of the firearm or ammunition to the
Department of Kentucky State Police under KRS 237.090 or 500.090, or other
statute to avoid its being sold pursuant to KRS 16.220.
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500.095 Alternative sentence of community work.
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(1) In every case in which a person pleads guilty to or is convicted of a crime
punishable by imprisonment, the judge shall consider whether the person
should be sentenced to a term of community service as an alternative to the
prison term. The term of community service shall not be shorter than the length
of the prison term nor longer than twice the length of the prison term. Failure to
complete the prescribed term of community service shall be deemed a
probation violation and shall subject the defendant to serve the prison service
originally fixed by the court or jury.
(2) The clerk of the Circuit Court, under the direction of the Circuit Judges of the
circuit and in cooperation with the Administrative Office of the Courts and the
governmental units within the jurisdiction of the Circuit Court, shall maintain a
schedule of community service work and projects for use by judges in setting
alternative sentences. Any city, county, urban-county, or other governmental
unit desiring to participate in alternative sentence community service work and
projects shall submit to the clerk, on or before January 1, 1991, and every six
(6) months thereafter, a list of community service work and projects it proposes
for inclusion in the schedule.
(3) The Administrative Office of the Courts, under the direction of the Supreme
Court, shall prepare a schedule of approved categories of alternative
sentences which shall be disseminated to all judges and circuit clerks.
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500.100 Effect of commentary.
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The commentary accompanying this code may be used as an aid in construing the
provisions of this code.
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500.110 Trial of prisoner on untried indictment within 180 days after prisoner's request for final disposition.
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Whenever a person has entered upon a term of imprisonment in a penal or
correctional institution of this state, and whenever during the continuance of the term
of imprisonment there is pending in any jurisdiction of this state any untried
indictment, information or complaint on the basis of which a detainer has been
lodged against the prisoner, he shall be brought to trial within one hundred and
eighty (180) days after he shall have caused to be delivered to the prosecuting
officer and the appropriate court of the prosecuting officer's jurisdiction written notice
of the place of his imprisonment and his request for a final disposition to be made of
the indictment, information or complaint; provided that for good cause shown in open
court, the prisoner or his counsel being present, the court having jurisdiction of the
matter may grant any necessary or reasonable continuance.
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500.120 Subpoena power of Attorney General and commissioner of Department of Kentucky State Police in cases involving use of an Internet
service account in the exploitation of children and other cases.
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(1) (a) In any investigation relating to an offense involving KRS 510.155,
530.064(1)(a), 531.030, 531.040, 531.310, 531.320, 531.335, 531.340,
531.350, 531.360, or 531.370, and upon reasonable cause to believe that
an Internet service account has been used in the exploitation or
attempted exploitation of children, or in any investigation of a violation of
KRS 17.546, 508.140, 508.150, 525.070, or 525.080 where there is
reasonable cause to believe that an Internet service account has been
used in the commission of the offense, the Attorney General may issue in
writing and cause to be served a subpoena requiring the production and
testimony described in subsection (2) of this section.
(b) In any investigation relating to an offense involving KRS 510.155,
530.064(1)(a), 531.030, 531.040, 531.310, 531.320, 531.335, 531.340,
531.350, 531.360, or 531.370, and upon reasonable cause to believe that
an Internet service account has been used in the exploitation or
attempted exploitation of children, the commissioner of the Department of
Kentucky State Police may issue in writing and cause to be served a
subpoena requiring the production and testimony described in subsection
(2) of this section.
(2) Except as provided in subsection (3) of this section, a subpoena issued under
this section may require the production of any records or other documentation
relevant to the investigation including:
(a) Electronic mail address;
(b) Internet username;
(c) Internet protocol address;
(d) Name of account holder;
(e) Billing and service address;
(f) Telephone number;
(g) Account status;
(h) Method of access to the Internet; and
(i) Automatic number identification records if access is by modem.
(3) The provider of electronic communication service or remote computing service
shall not disclose the following pursuant to a subpoena issued under this
section but shall disclose the information in obedience to a warrant:
(a) In-transit electronic communications;
(b) Account memberships related to Internet groups, newsgroups, mailing
lists or specific areas of interest;
(c) Account passwords; and
(d) Account content including:
1. Electronic mail in any form;
2. Address books, contacts, or buddy lists;
3. Financial records;4. Internet proxy content or Web surfing history; and
5. Files or other digital documents stored with the account or pursuant
to use of the account.
(4) At any time before the return date specified on the subpoena, the person
summoned may, in the District Court in which the person resides or does
business, petition for an order modifying or setting aside the subpoena, or a
prohibition of disclosure by a court.
(5) A subpoena under this section shall describe the objects required to be
produced and shall prescribe a return date with a reasonable period of time
within which the objects can be assembled and made available.
(6) If no case or proceeding arises from the production of records or other
documentation pursuant to this section within a reasonable time after those
records or documentation is produced, the Attorney General shall either
destroy the records and documentation or return them to the person who
produced them.
(7) A subpoena issued under this section may be served by any person who is at
least eighteen (18) years of age and who is designated in the subpoena to
serve it. Service upon a natural person may be made by personal delivery of
the subpoena to him. Service may be made upon a corporation or partnership
or other unincorporated association which is subject to suit under its common
name, by delivering the subpoena to an officer, to a managing or general
agent, or to any other agent authorized by appointment or by law to receive
service of process. The affidavit of the person serving the subpoena together
with a true copy thereof shall be proof of service.
(8) Except as provided in this section any information, records or data reported or
obtained pursuant to subpoena under this section shall remain confidential and
shall not be further disclosed unless in connection with a criminal case related
to the subpoenaed materials.
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