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59 Cards in this Set

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What is the statute of limitations on a felony?

There is none (unless specifically stated otherwise).

What is the statute of limitations for any offense other than a felony?

One year (unless specifically stated otherwise)

What is the statute of limitations for a misdemeanor offense under KRS 510 when the victim is under the age of 18 at the time of the offense?

5 years from the time the victim turns 18

Under what circumstances are hands or feet considered "dangerous instruments"?

When they are used to cause serious physical injury or death.

What ways can the elements of Rape 1st be accomplished?

1. Engages in sexual intercourse with another by forcible compulsion


2. Engages in sexual intercourse with another person who is incapable of consent because he/she is physically helpless or less than 12 years old

Under what circumstances would Rape 1st be a class A felony, and under what circumstances would it be a class B felony?

By default it is a class B felony. But if the victim is under 12 years old OR receives serious physical injury, it is a class A felony.

A person is guilty of Rape 2nd when:

(a) being 18 or older, he/she engages in sexual intercourse with another person less than 14 -or-


(b) he/she engages in sexual intercourse with another person who is mentally incapacitated or incapable of consent because the person has an intellectual disability

A person guilty of Rape 2nd has committed a ______ (class of charge)?

Class C felony

A person is guilty of Rape 3rd when:

(a) Being 21 or older, he/she engages in sex with another person less than 16; or


(b) Being at least 10 years older than a person who is 16 or 17, he/she engages with sexual intercourse with the person; or


(c) Being 21 or more, he/she engages with another person less than 18 and for whom he/she provides a foster home; or


(d) Being a person in a position of authority or special trust (KRS 532.045), he/she engages in sexual intercourse with a minor with whom he/she has come into contact as a result of that position; or


(e) Being a jailer (etc.), he/she subjects a person he/she knows to be incarcerated to sexual intercourse.

5 ways it can be accomplished

Rape 3rd is a _______ (class of charge)?

Class D felony

A person is guilty of sodomy in the first degree when he:

(a) Engages in deviate sexual intercourse with another person by forcible compulsion; or


(b) Engages in deviate sexual intercourse with another person because that person is either physically helpless or less than 12 years old.

Sodomy 1st is a ________ (what class of charge)?

Class A felony if the victim receives serious physical injury or is less than 12 years old; otherwise it is a class B felony

A person is guilty of sodomy 2nd when;

(a) Being a person 18 or older, he engaged in deviate sexual intercourse with another person less than 14 years old; or


(b) He engages in deviate sexual intercourse with another person who is mentally incapacitated or who is unable to consent because of an intellectual disability .

Sodomy 2nd is a _____ (class of charge)?

Class C felony

A person is guilty of sodomy 3rd when:

(a) Being 21 or older, he/she engages in deviate sexual intercourse with another person less than 16; or(b) Being at least 10 years older than a person who is 16 or 17, he/she engages in deviate sexual intercourse with the person; or(c) Being 21 or more, he/she engages in deviate sexual intercourse with another person less than 18 and for whom he/she provides a foster home; or(d) Being a person in a position of authority or special trust (KRS 532.045), he/she engages in deviate sexual intercourse with a minor with whom he/she has come into contact as a result of that position; or(e) Being a jailer (etc.), he/she subjects a person he/she knows to be incarcerated to sexual intercourse.

Sodomy 3rd is a ________ (class of charge).

Class D felony

A person is guilty of sexual misconduct when he ______.

engages in sexual intercourse or deviate sexual intercourse with another person without the latter's consent

Sexual misconduct is a _____ (class of charge).

Class A misdemeanor

A person is guilty of indecent exposure in the first degree when he ________ .

intentionally exposes his genitals under circumstances in which he knows or should know that his conduct is likely to cause affront or alarm to a person under the age of 18.

Indecent exposure is a _______ (class of charge).

-Class B misdemeanor for first offense


-Class A misdemeanor for second offense it it was committed within three years of the first conviction


-Class D felony if it was committed within three years of the second conviction


-Class D felony for any subsequent convictions if it was committed within three years of the prior conviction

A person is guilty of indecent exposure in the second degree when he ______.

intentionally exposes his genitals under circumstances in which he knows or should know that his conduct is likely to cause affront or alarm to a person who is 18 or older

Indecent exposure in the second degree is a _______ (class of charge).

Class B misdemeanor

A person is guilty of Burglary in the first degree when

with the intent to commit a crime, he knowingly enters or remains unlawfully in a building, and when effecting entry or while in the building or in immediate flight therefrom, he or another participant in the crime:


(a) is armed with explosives or a deadly weapon; or


(b) causes physical injury to any person who is not a participant in the crime; or


(c) uses or threatens the use of physical force against anyone who is not a participant in the crime.


Burglary in the first degree is a ______ (class of charge).

Class B felony

A person is guilty of Burglary in the second degree when ______.

With intent to check commit a crime, he knowing enters or remains unlawfully in a dwelling

Burglary in the second degree is a _____ (class of charge).

Class C felony

A person is guilty of Burglary in the third degree when _____.

with intent to commit a crime, he knowingly enters or unlawfully remains in a building

Burglary in the third degree is a ______ (class of charge).

Class D felony

Possession of Burglary tools is a _____ (class of charge).

Class A misdemeanor; it is also arrestable by itself

A person is guilty of criminal trespass in the first degree when ______ .

he knowingly enters or remains unlawfully in a dwelling

Criminal trespass in the first degree is a ______ (class of charge).

Class A misdemeanor

A person is guilty of Criminal trespass in the second degree when ______.

he knowingly enters or remains unlawfully in a building or upon a premisis as to which notice against trespass is given by fencing or other enclosure

Criminal trespass second degree is a ______ (class of charge).

Class B misdemeanor

A person is guilty of Criminal trespass in the third degree when he ______.

knowingly enters or remains unlawfully in or upon a premisis

Criminal trespass in the third degree is a _____ (class of charge).

Violation

A person that climbs over the fence of an LG&E substation has committed ______. And what class of charge is this?

Trespass Upon Key Infrastructure Assets; class B misdemeanor for first offense and class A misdemeanor for second or subsequent offense

A person that flies a drone over a railroad yard has committed ______.

Trespass Upon Key Infrastructure Assets

Possession of ______ or more separate identities shall be prima facie evidence that the identities are possessed for the purpose of being trafficking.

5

A person is guilty of criminal mischief in the first degree when having no right to do so or any ground to believe that he has such a right, he _______.

intentionally or wantonly defaces, destroys or damages any property causing a pecuniary loss of $1000 or more

Criminal mischief in the first degree is a _____ (class of charge).

Class D felony

AP person is guilty of criminal mischief in the second degree when he having no right to do so or any reasonable ground to believe that he has such a right, he ______.

intentionally or wantonaly defaces, destroys, or damages any property causing a pecuniary loss of $500 or more

Criminal mischief in the second degree is a ______ (class of charge).

Class A misdemeanor

A person is guilty of Criminal Mischief in the third degree when _____.

he intentionally or wantonly damages, destroys, or defaces any property, or, he tampers with property so as knowingly to endanger the person or property of another

Criminal mischief in the third degree is a _____ (class of charge).

Class B misdemeanor

A person is guilty of _____ when he unlawfully deposits on the land or in the building or vehicle of another any stink bomb, device, or irritant with the intent to interfere with another's use of the land, building or vehicle.

Criminal use of a noxious substance

Criminal use of a noxious substance is a _____ (class of charge).

Class B misdemeanor

A person is guilty of ______ when, with intent to destroy or damage a building, he starts a fire or causes an explosion, and;


(a) the building is inhabited or occupied or the person has reason to believe the building may be inehabited or occupied; or


(b) any other person sustained serious physical injury as a result of the fire or explosion or the fire fighting as a result thereof.

arson in the first degree

Arson in the first degree is a _____ (class of charge).

Class A felony

A person is guilty of _______ when he starts a fire or causes an explosion with intent to destroy or damage a building that belongs to someone else or one that is his own or of another to collect or facilitate the collection of insurance proceeds for such a loss.

Arson in the second degree

Arson in the second degree is a ______ (class of charge).

Class B felony

a person is guilty of ______ if he wantonly causes destruction or damage to a building up his own or of another by intentionally starting a fire or causing an explosion.

Arson in the third degree

Arson in the third degree is a ______ (class of charge).

Class D felony

What is the penalty for Class A felony ?

20-50 years to life in prison; $1,000-$10,000 fine or double the amount gained from crime, whichever is more

What is the penalty for a class B felony?

10-20 years in prison; $1,000-$10,000 fine or double the amount gained from the crime, whichever is greater

What is the penalty for a class C felony?

5-10 years in prison and a fine of $1,000-$10,000 (or double the amount gained from the crime, whichever is greater)

What is the penalty for a class D felony?

1-5 years in prison and a fine of $1,000-$10,000 or double the amount gained from the crime, whichever is greater

What is the penalty for a class A misdemeanor?

90 days to 12 months in jail and a fine not to exceed $500

What is the penalty for a class B misdemeanor?

Up to 90 days in jail mad a fine not to exceed $250

What is the maximum fine allowed for a violation?

$250