KRS Flashcards
1
Q
How long for prosecution of a misdemeanor sex offense
A
10 years after victim turns 18
2
Q
Serious physical injury for a child 12 or less?
A
Any injury requiring admission to ICU
3
Q
When can a person be guilty of an offense without a culpable mental state
A
Offense is violation or misdemeanor and culpable state isn’t in definition of the offense
4
Q
Continuing course of conduct against a vulnerable victim?
A
Applies if the unlawful act was committed against the same person two or more times over a specified period of time and the jury shall unanimously agree
5
Q
Vehicle definition
A
Conveyance of any kind whether or not motorized, designed to transport people or property
6
Q
When is choice Of evils justification unavailable to the prosecution
A
When the action is wanton or reckless
7
Q
When is criminal Attempt a misdemeanor?
A
When the crime attempted is a class C or D felony
8
Q
Criminal conspiracy
A
Agrees with at least one person to engage in the conduct constituting a crime or attempted crime
Shall only be charged with One offense if person conspires for multiple during the same agreement to commit a crime
9
Q
Three Things that could be considered Engaging in organized crime
A
- Provide material aid to a syndicate
- knowingly provide legal accounting or managerial services
- commit or attempt to commit or act as an accomplice of more than one theft of retail merchandise with the intent to resell.
10
Q
How many people needed for a criminal syndicate
A
Three or more unless in cases of merchandise theft which is two or more
11
Q
Elements of a criminal gang
A
- has been identified by the Commonwealth
- Common leader
- hand signs, colors or symbols
- has two or more members that engage in a pattern of criminal activity.
12
Q
Pattern of criminal gang activity definition?
A
- Two or more felony offenses
- three or more misdemeanor offenses
- one felony and one misdemeanor performed within five years by gang members
13
Q
Age requirements for criminal gang recruitment 1st charge
A
Actor is 18, solicits anyone under the age of 15 to join the gang
AND
Requires them to commit crime to join
14
Q
Criminal gang recruitment second
A
Actor over the age of 18 solicits another person to join gang or threatens another person because they…
1. refused to join the gang
2. have withdrawn from the gang
3. refuse to submit to demand by The gang
15
Q
Criminal gang recruitment third degree
A
Any person under the age of 18 who solicits another to join a gang
16
Q
How many elements are required to establish the existence of a criminal gang
A
Two. I.e. Committing a crime to target rival gang, promoting criminal activity with gang members through social media
17
Q
It is no defense to criminal gang activity…
A
- If one or more members of the gang are not criminally responsible
- if one or more members of the gang have been acquitted
- the participants don’t know each other
18
Q
Enhancement penalties for criminal gang related felonies
A
Raises the charge one degree and ineligible for parole until 85% of the sentence is served
Does not apply to juvenile unless they are youthful offender and have one prior felony charge
19
Q
Murder charge in a motor vehicle
A
Under circumstances manifesting extreme indifference to human life, wantonly engages in conduct which creates a great risk of death and causes death
20
Q
Manslaughter 1st
A
A. With intent to cause serious physical injury, causes death of another
B. With intent to cause death of another causes sudden death while acting under the influence of extreme emotional disturbance
C. Abuses or allows another to abuse person under the age of 12 or physically/mentally helpless that causes death
21
Q
Manslaughter 2nd
A
Wantonly causes death of another person…
A. Operation of motor vehicle
B. Leave child under eight in a vehicle
C. Trafficking schedule one or schedule two drug where said drug causes death
22
Q
Reckless homicide
A
With recklessness, causes death of another
23
Q
Fetal homicide first- degree
A
A. Intentionally causes death of unborn child
B. In operation of motor vehicle wanton conduct that causes death of unborn child
24
Q
Fetal homicide second degree
A
A. With intent to call series physical injury to unborn child, causes death of unborn child
B. Intentionally causes death of unborn child but Acts under the influence of extreme emotional disturbance
25
Fetal homicide third degree
Watley causes death of unborn child to include results from a person’s operation of a motor vehicle
26
Fetalhomicide fourth degree
Recklessly causes death of unborn child
27
Assault first degree
1. Intentionally causes SPI by means of deadly weapon or dangerous instrument or
2. Under circumstances manifesting extreme indifference to human life, wantonly engages to create a grave risk of death to another and causes serious physical injury
28
Assault second
Intentionally causes SPI
Intentionally causes physical injury by means of a deadly weapon
Wantonly causes serious physical entry by means of a deadly weapon
29
Assault third
Intentionally or attempts to cause physical injury to police officer, employee of a Detention center, DCBS worker, EMS personnel, probation and parole officer, grade school employee
To include Saliva vomit mucus blood semen urine or feces
30
Assault 4th degree
Intentionally or wantonly causes physical injury or recklessly causes physical injury by means of a deadly weapon
31
Enhancement penalties for assault fourth DV
Three offenses within five years raises it to a class D felony. Does not have to be the same victim
32
Menacing
Intentionally places another person in reasonable fear of imminent physical injury
33
Wanton first and second
Difference is SPI verse physical injury
34
Terroristic threatening first- degree
Make statements about or places a counterfeit weapon of mass Destruction on school property, the site of a school sanctioned function, or government building
35
Terroristic threatening second degree
A. Threatens to commit an act likely to result in death or serious physical injury at a publicly advertised event, place of worship, or school activity
B. Makes false statements indicating an act likely to cause death will occur for the purpose of evacuation of a school, cancellation of classes, or creating fear among students parents or personnel
C. Makes false statements or places a counterfeit WMD at any location not covered in first degree
36
Terroristic threatening third degree
A.Threatens to commit a crime likely to result in death or SPI to another or substantial property damage
B. Makes false statements for the purpose of causing evacuation of a building place of assembly or facility of public transportation
37
Criminal abuse first- degree
Intentionally abuses or permits another to abuse a person who they have custody over…
A. Causes SPI or
B. places in situation that causes SBI or
C. causes torture/cruel confinement/punishment
to person 12 years of age or less of Physically/mentally helpless
38
Criminal abuse second degree
Same as first except wanton
39
Criminal abuse third degree
Same as first except reckless
40
Stalking definition
Directed at specific person, seriously alarms, annoys, intimidates, or harasses person for no legitimate purpose and causes person to suffer substantial mental distress
Course of conduct means two or more acts
41
Stalking first- degree
Intentionally stalks and makes threats (explicit or implicit) to put a person in fear of sexual conduct, SPI, or death
AND
1. Protective order has been served or
2. criminal complaint is pending court or
3. defendant found guilty of a criminal charge against the victim within the previous five years or
4. acts were committed while the defendant was armed
42
Stalking second degree
Intentionally stalks another and makes threats to put that person in reasonable fear of sexual contact, physical injury, or death
43
Length of Protective order issued upon stalking violation
Order may be effective up to 10 years with further renewals and increments of up to 10 years
44
Difference between strangulation first and second
Intentional verse Wanton
45
Unlawful imprisonment first and second
Unlawfully Restrains another under circumstances causing risk of SPI
Second degree is just restraining another unlawfully
46
Kidnapping (7 things)
Unlawfully restrains another with intent to
1. Hold for ransom
2. commit a felony
3. inflict injury or
4. terrorize victim
5. interfere with governmental function
6. used as a shield or hostage
7. deprive guardians of custody of a minor
47
Kidnapping penalties
Class B felony when victim is released alive in a safe place
Class A felony when victim is released alive but has SPI
Capital offense when victim is not released alive or victim dies as a result of the kidnapping
48
Criminal coercion
Intentionally compels another to engage in or refrain from conduct by threatening to
A. Commit any crime
B. or accuse someone of a crime
C. or expose a secret subjecting person to ridicule or discredibility
D. or influence an action as an official
49
Rape/Sodomy 1st
Forcible compulsion
Physically helpless
Under 12
50
Rape/Sodomy 2nd
18 or older, victim is less than 14 or
Victim mentally incapacitated or intellectual disability
51
Rape/Sodomy 3rd
21 and victim is less than 16 or
10 year gap or
Foster parent w/ minor
Position of authority w/ minor
Jailer or peace officer
52
Sex abuse first degree
Sexual contact by forcible compulsion or person is in capable of consent because they are helpless or under 12, mentally incapacitated, or intellectually disabled
21 or older, sexual contact with person under 16 or masturbates in the presence of or masturbates on the Internet while communicating with person under 16
53
Sex abuse First- degree penalties
D felony unless victim is under 12
54
Sexual abuse second
Actor is at least 18 but under 21 and victim is less than 16 or
Corrections officer or police officer and has sexual contact with an adult

55
Defenses for Sex abuse second
Victim is 14 or 15 and the actor was less than five years older
56
Sex abuse third degree and defenses
Sexual contact without latters consent
Defense is victim was 14 or 15 and actor was less than 18
57
Indecent exposure first and penalties
Showing genitals to person under 18
First offense is Class B. Second offense in three years is class A. Third and subsequent offenses within three years is clase D felony
58
Indecent exposure second
Expose his genitals to person over 18
59
Use of electronic device to procure a minor penalties
Clase D unless minor is under 12, or the suspect is sex offender or suspect travels to the commonwealth from another jurisdiction to commit crime
60
Burglary first- degree
Causes physical injury, is armed or threatens see use of weapon
61
Burglary second
Unlawfully Enters dwelling with intent to commit a crime
62
Burglary third
Unlawfully enters building with intent to commit a crime
63
Possession of burglary tools
Possesses tools designed for forcible entry with intention to commit burglary or knowledge that someone else will use tools to commit burglary
64
Criminal trespass first
Trespassing in a dwelling
65
Criminal trespass second
Enters or remains in a building or premise where notice against trespass is given by fencing or other enclosure
66
Criminal trespass third
Trespasses in or upon a premise
67
Domestic violence shelter trespass
Trespasses at a shelter and is the subject of an order of protection
68
Trespassing on private land near rail trail
Presumed to be unlawful
69
Criminal mischief first- degree
Intentionally or wanton causes property damage over $1000 or
Tampers with operations of a key infrastructure asset in a manner that renders the operation is harmful or dangerous
70
Criminal mischief second
Intentionally or wantonly damages property at least 500 but less than $1000
71
Theft by deception
1. Fails to correct a false impression which deceiver previously created,
2. fails to disclose a known lien,
3. Issues or passes a check knowing it will not be honored
72
Theft by deception penalties
Class B misdemeanor unless pecuniary loss is valued at least 500 but less than 1000.
It’s a class D felony if between 1000 and $10,000
 Over $10,000 is a class C felony
Three or more convictions in five years makes it a felony
Can combine two or more offenses if they occurred within 90 days to determine value of pecuniary loss

73
Criminal use/possession of noxious substance (two separate charges)
Unlawfully deposits stinkbomb or other irritant with intent to interfere with another use of land, a building, or vehicle
74
Criminal littering
Obvious… litters on highway or property
Negligently throws glass or other pointed objects near public water or within 50 feet of a public highway
75
Unlawful act relating to acquiring metals penalties
Class B misdemeanor if value of repair or property loss is less than $3000
Class D Felony if value of repair or property loss is greater than $3000
76
Arson first
Starts fire and building is occupied or another person sustains SPI as a result of the fire or explosion 
77
Arson second
Starts fire to destroy building of another
or if his own to collect insurance
78
Arson third
Wantonly causes damage to a building by intentionally starting a fire
79
Burning personal property to defraud insurer
This exists
80
Theft by deception
Fails to return property to its owner within 10 days after rent or lease agreement has expired
Prima facie if offender presents false identification upon lease agreement
81
When is TBUT a Class D felony
Class D if
1. firearm or
2. anhydrous ammonia or
3. controlled substance valued under $10000 or
4. property value is at least $1000 but less than $10000
5. Three or more convictions in five years
82
Theft of property mislaid
Receives lost property and fails to make reasonable attempt to return property
Same penalties As TBUT
83
Theft of services
Obtain services known to be available only for compensation by means Avoiding payment to include wireless communication services.
Same penalties as TBUT
84
Possession or transfer of device for theft of telecommunication services
making or possessing an instrument with intentions for the theft or providing said instrument to another
85
Theft by failure to make required disposition of property
Obtains property with an agreement for a specified payment and fails to make required payment
86
Theft by extortion
Obtains property of another by threatening to
1. Inflict bodily injury or
2. commit a criminal offense against another or accuse another of a crime or
3. expose a secret to subject another to ridicule or discredit or
4. Use position as pubic officer to affect someone adversely
5. Bring about boycott or strike If property is not unlawfully received
6. Testify or withhold testimony and respect to another legal claim
Same penalties as TBUT
87
Theft of labor already rendered
Receives labor from another and passes a check knowing it will not be honored
Same penalties TBUT 
88
Unauthorized use of automobile
Class A misdemeanor unless previous conviction
89
Receiving stolen property
Same as TBUT
90
Obscuring identity of machine or other property
Defases serial number or identification number of property with intent to render it unidentifiable.
Class a misdemeanor unless $500-$10,000.
Class C if more than $10000
91
Theft/possession of mail matter
1. Steals
2. Obtains by deception
3. Embezzles
4 conceals
5. Damages
Any mail matter from USPS
92
Theft of identity
Unlawfully uses another’s identifying information to
1. Deprive person of property
2. Obtain benefits
3. Make a financial transaction
4. Avoid detection
5. Commercial or political benefit
93
Trafficking in stolen identities
Possession of FIVE or more separate identities shall be prima facie evidence
94
Robbery first
Causes injury, is armed, or threatens use of a weapon
95
Robbery second
Threatens use of immediate physical force to accomplish theft
96
Forgery first- degree / poss forge instrument
Written instrument to represent an issue of money, stamps, securities, valuable interest instruments issued by government, stocks/bonds, or claims against a corporate organization
97
Forgery second degree / poss forge instrument
1. Forges a deed will contract credit card or other instrument that may affect a legal right or status or
2. Public record required by law to be filed with public office
3. Written instrument created by a governmental agency
98
Forgery third / poss forge instrument
With intent to defraud or deceive forges a written instrument
99
Possession of forgery device
 Makes or possesses, With intent to use or permit another to use for purposes of forgery
100
Criminal simulation first
Makes or distribute product intended to defraud a drug/ alcoholic test
101
Criminal simulation second
Uses or possesses object design to defraud a drug test, or
Makes or alters An object to defraud with its rarity or antiquity
102
Commercial Bribery
Confers any benefit upon an employee without the consent of their employer To influence conduct contrary to employers best interests
OR beneficiary
103
Ticket scalping
Selling or offering a ticket unlawfully
104
Assault of sports official
Causes physical injury to official during their duties or upon arriving or departing athletic event
105
Obstruction of governmental operations
 Intentionally obstructs governmental function with use or threaten to use violence, force, or physical interference
Does not apply to arrest situations
106
Compounding a crime
Solicits, accepts or agrees to any benefit in order to refrain from initiating prosecution
107
Falsely reporting an incident (5 elements)
1. Pulls fire alarm
2. Causes public inconvenience or alarm by circulating a report of a fire or other emergency
3. Reports incident knowing it didn’t occur
4. Provides information to law-enforcement related to an incident knowing he has no information of such incident
5. Knowingly gives false information with intent to implicate another
108
Impersonating a public servant
Pretends to be a public servant other than law-enforcement to induce another to submit to their pretended authority
109
Tampering with public records
1. Makes false entry into any public record or
2. impairs the availability of a public record or
3. refuses to deliver public record upon lawful request
110
Tampering with a prisoner monitoring device
Tampers with electronic monitoring device of a person who is on probation or parole or ordered to wear such device on conditions of pre-trial release
111
Attempting to escape from penitentiary
1. Conceals in the walls,
2. attempts the scale enclosure,
3. escapes from one part of penitentiary to another,
4. other obvious scenarios
112
Escape first- degree
Escape custody or detention facility by force or threatenforce
113
Escape second
escapes from a detention facility or being charged with a felony escapes from custody
114
Promoting contraband first degree versus second degree
Dangerous contraband vs contraband
115
Resisting arrest
Attemps to prevent an arrest on the actor or another by
1. Use or threatening physical force
2. or using any other means creating risk of injury to the officer
116
Fleeing or evading first degree
In a motor vehicle (or on foot for number 1 and 4) with at least one of the following conditions:
1. Fleeing immediately after committing an act of domestic violence (also on foot)
2. driving under the influence
3. their drivers license is suspended
4. the person causes or creates substantial risk of serious physical injury to another or property damage (also on foot)
117
Fleeing or evading second degree
Please on foot creating risk of physical injury
or flees in a vehicle
118
What is considered rendering unlawful assistance to another
1. Harbors or conceals
2. Warns person of impending discovery or apprehension
3. Provides money transportation weapon disguise or other means of avoiding apprehension
4. Prevents by means of force, deception, or intimidation anyone that might aid in the apprehension of person
5. Volunteers false information to law-enforcement
6. Suppresses any evidence that might aid in the apprehension
119
Who has immunity from hindering prosecution or apprehension
Spouse, parent, child, sibling, grandparents, grandchildren
120
Hindering prosecution or apprehension first degree vs second
Renders assistance of another for a capital or class a felony offense vs any criminal offense
121
Bribery of public servant
1. Offers or confers any pecuniary benefit upon a public servant with the intent to influence their actions in their official capacity or
2. As a public servant accepts pecuniary benefit for the same
122
Official misconduct first- degree vs second
To obtain a benefit or injure another, he knowingly…
1.commits unauthorized exercise of his official functions or
2. Refrain from performing any official duty or
3. violates any statute or lawfully adopted rule in regards to his position
Second degree is same elements but without intent to obtain benefit or injure another
123
Misuse of confidential information
With this information the public does not have access to, he
1. Accepts or wagers pecuniary interest in any property or transaction related to such information or
2. Or aids another to do the same
124
Abuse of public trust And penalties
Uses money for himself meant for a public obligation
Class D felony under $10,000
Class C felony $10,000 or more but under $100,000
Class B felony over $100,000
125
Perjury first
Material false statement under oath during official proceeding or
Material false statement in writing to mislead drafting of a warrant accusing spouse of an offense under KRS chapter 510
126
Perjury second
Makes a material false statement in Writing
127
False swearing
Makes material false statement Under oath, does not have to be in official proceedings
128
Giving peace officer false identifying information
After being warned, gives false name, address or date of birth
129
Bribing a witness or bribe receiving by witness
1. Influence testimony
2. induce person to avoid summons
3. induce person to be absent from proceedings
130
Intimidating participant in legal process
Vs. tampering with a witness
Force or threat needs for intimidating
Official proceeding needed for tampering
131
Retaliating against the participant in a legal process
Causes or threatens to cause bodily injury or property damage to person who may be called as a participant or has participated in a legal process
132
Tampering with physical evidence
Obvious answer OR
Fabricates physical evidence to be introduced in official proceeding
133
Riot first- degree vs second
Participant in a riot and person other than a participant suffers physical injury or substantial property damage occurs
Second is just participating in riot
134
Inciting a riot
Urges five or more people to engage in a riot
135
Unlawful assembly
1. Assembles five or more persons for a riot or
2. being present at such assembly and remains there to advance the riot
136
Disorderly conduct first degree vs second degree
1. Engages in fighting or violent/threatening behavior or
2. makes unreasonable noise or
3. creates a physically offensive condition with no purpose
First degree is within 300 feet of funeral process between one hour prior to and one hour following funeral
Second degree has not funeral aspect
137
Harassment
Obvious answers
OR
As a student on school property
1. Damages or commits theft of property of another student or
2. substantially disrupts operation of school or
3. creates a hostile environment
138
Loitering
1. Loiters in public place to gamble or use drugs or
2. Loiters at a school for no legitimate reason or
3. at a transportation facility to sell merchandise or services
139
Desecration of venerated objects first degree
Fucks with human remains or property buried with human remains for purposes of commercial sale or exploitation
140
Desecration of venerated object second degree
Desecrates public monuments, place of worship, flag or religious symbol
141
Institutional vandalism
Commits vandalism in regards to some type of discrimination
142
Violating Graves
Damages graves or removed property from gravesites
143
Cruelty to animals first degree
Dog fighting or owning a property which dogfighting is conducted
144
Cruelty to animals second degree
1. Cruel or injurious mistreatment to a four legged animal
2. Cruel neglect of any animal
3.  Kill any animal by poisoning
145
Torture of dog or cat penalties
Class a misdemeanor
Class D felony if animal suffers SPI or death
146
Disrupting meetings and processions first degree vs second degree
First degree is funeral services
Second degree is any meeting or gathering
147
Interference with a funeral
One hour prior to in one hour following a funeral, obstructs or interferes with access to any funeral services
148
Failure to disperse
Two or more persons in the course of disorderly conduct, refuses to disperse
149
Assault on service animal first degree vs second
Kills or SPI to service animal or physical injury by means of weapon
Second is just causes physical injury to animal
150
Eavesdropping, installing eavesdropping devices, and possession of eaves dropping device
these different charges exist apparently
151
Tampering with private communication
Unlawfully opens or reads sealed letter
152
Divulging illegally obtained information
A person is guilty of divulging illegally obtained information when a person divulges illegally obtained information
153
Felon in possession penalties
Class D unless the gun is a hand gun. Then it’s Class C
154
Use of restricted ammunition penalties
Armor piercing or flanged…..
Class D no shot fired
Class C shot fired, not injury
Class B shot fired, injury
Class A shot fired, murder
155
Possession of handgun by minor
Under the age of 18
156
WMD first
Intentionally uses WMD and causes the death or serious physical injury to another
157
WMD second
Physical injury results from WMD or
Places a WMD on school or governmental property (includes buses)
158
WMD 3rd
Places a WMD anywhere. No injury
159
Promoting gambling first degree
1. Engages in bookmarking while employing three or more persons with bets totaling more than $500 or
2. Receives more than $500 in a scheme or
3. Sets up and operates gambling device

160
Promoting gambling second degree
Knowingly profits from unlawful gambling
161
Conspiracy to gamble, permitting gambling, possession of gambling device
These charges exist
162
Possession of gambling records first degree vs second degree
Possesses any record used in a book marking scheme with bets over $500
Under $500 is second degree
163
Promoting prostitution penalties
Class A unless Manages a house or business for prostitution activity with two or more prostitutes. That’s a class D felony
164
Prostitution with knowledge of STD
Class a misdemeanor unless the STD is HIV. Then it’s class D felony
165
Human trafficking
Force labor or commercial sex through force fraud or coercion. Juvenile subject to trafficking do not require Force fraud or coercion
Penalties for trafficking juveniles will be one degree higher
166
Promoting human trafficking
Benefits from participation in human trafficking to include recruiting, transporting, or harboring persons known to be human trafficked
167
Treatment of minor suspectEd of prostitution
Shall not be prosecuted. Should immediately be placed in the custody of the cabinet 
168
Forfeitures in regards to human trafficking
50% goes to human trafficking victims fund
42.5% goes to agency that seized the property
7.5% goes to the appropriate prosecutors office
169
Bigamy
Multiple spouses or cohabits in KY after bigamous marriage in another state
170
Incest & penalties
Ancestor, descendent, uncle, aunt, brother or sister. Step parent and adopted parent included
Class C if consenting adults
Class B if force or juvenile
Class A if victim is less than 12 or SPI
171
Abandonment of a minor
Person with legal custody desserts minor in any place that in dangers their life or health
172
Unlawful transaction with a minor first- degree
Causes minor to engage in illegal sexual activity or illegal narcotic activity other than marijuana
Class C if minor is less than 18
Class B if minor is less than 16
Class A felony minor incurs physical injury
173
Unlawful transaction second degree
Causes minor to engage in smoking marijuana, illegal gambling, or any felony crime
174
Unlawful transaction third
1. Causes minor to engage in Alcohol drinking or
2. Any criminal activity, or
3. they become a habitual truant,
4. or causes them to disobey their guardian
175
Endangering the welfare of an incompetent person
Knowingly causes injury to physical or mental welfare of an incompetent person
176
Video Voyeurism
Records privates of another and distributes any image obtained
177
Distribution of explicit images without consent
Distribute with the intent to profit or harm the person depicted
If profit is gained penalty goes from class A misdemeanor to class D felony
178
Use of minor in sexual performance AND promote sex performance by minor penalties
Same as unlawful transaction first
179
Possession of matter portraying a sex performance by minor penalties
Class D unless minor being portrayed is less than 12. Then it’s Class C.
180
Sentencing terms for offenses
Class B Misdemeanor less than 90 days
Class A Misdemeanor between 90 days and twelve months
Class D Felony 1 to 5 years
Class C Felony 5-10 years
Class B Felony 10-20 years
Class A Felony 20-50 years
