KRS Flashcards
How long for prosecution of a misdemeanor sex offense
10 years after victim turns 18
Serious physical injury for a child 12 or less?
Any injury requiring admission to ICU
When can a person be guilty of an offense without a culpable mental state
Offense is violation or misdemeanor and culpable state isn’t in definition of the offense
Continuing course of conduct against a vulnerable victim?
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
Vehicle definition
Conveyance of any kind whether or not motorized, designed to transport people or property
When is choice Of evils justification unavailable to the prosecution
When the action is wanton or reckless
When is criminal Attempt a misdemeanor?
When the crime attempted is a class C or D felony
Criminal conspiracy
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
Three Things that could be considered Engaging in organized crime
- 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.
How many people needed for a criminal syndicate
Three or more unless in cases of merchandise theft which is two or more
Elements of a criminal gang
- 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.
Pattern of criminal gang activity definition?
- Two or more felony offenses
- three or more misdemeanor offenses
- one felony and one misdemeanor performed within five years by gang members
Age requirements for criminal gang recruitment 1st charge
Actor is 18, solicits anyone under the age of 15 to join the gang
AND
Requires them to commit crime to join
Criminal gang recruitment second
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 have withdrawn from the gang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
Criminal gang recruitment third degree
Any person under the age of 18 who solicits another to join a gang
How many elements are required to establish the existence of a criminal gang
Two. I.e. Committing a crime to target rival gang, promoting criminal activity with gang members through social media
It is no defense to criminal gang activity…
- 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
Enhancement penalties for criminal gang related felonies
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
Murder charge in a motor vehicle
Under circumstances manifesting extreme indifference to human life, wantonly engages in conduct which creates a great risk of death and causes death
Manslaughter 1st
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
Manslaughter 2nd
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
Reckless homicide
With recklessness, causes death of another
Fetal homicide first- degree
A. Intentionally causes death of unborn child
B. In operation of motor vehicle wanton conduct that causes death of unborn child
Fetal homicide second degree
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
Fetal homicide third degree
Watley causes death of unborn child to include results from a person’s operation of a motor vehicle
Fetalhomicide fourth degree
Recklessly causes death of unborn child
Assault first degree
- Intentionally causes SPI by means of deadly weapon or dangerous instrument or
- Under circumstances manifesting extreme indifference to human life, wantonly engages to create a grave risk of death to another and causes serious physical injury
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
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
Assault 4th degree
Intentionally or wantonly causes physical injury or recklessly causes physical injury by means of a deadly weapon
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
Menacing
Intentionally places another person in reasonable fear of imminent physical injury
Wanton first and second
Difference is SPI verse physical injury
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
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
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
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
Criminal abuse second degree
Same as first except wanton
Criminal abuse third degree
Same as first except reckless
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
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
Stalking second degree
Intentionally stalks another and makes threats to put that person in reasonable fear of sexual contact, physical injury, or death
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
Difference between strangulation first and second
Intentional verse Wanton
Unlawful imprisonment first and second
Unlawfully Restrains another under circumstances causing risk of SPI
Second degree is just restraining another unlawfully
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
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
Criminal coercion
Intentionally compels another to engage in or refrain from conduct by threatening to
A. Committed 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
Rape/Sodomy 1st
Forcible compulsion
Physically helpless
Under 12
Rape/Sodomy 2nd
18 or older, victim is less than 14 or
Victim mentally incapacitated or intellectual disability
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
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
Sex abuse First- degree penalties
D felony unless victim is under 12
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

Defenses for Sex abuse second
Victim is 14 or 15 and the actor was less than five years older
Sex abuse third degree and defenses
Sexual contact without latters consent
Defense is victim was 14 or 15 and actor was less than 18
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
Indecent exposure second
Expose his genitals to person over 18
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
Burglary first- degree
Causes physical injury, is armed or threatens see use of weapon
Burglary second
Unlawfully Enters dwelling with intent to commit a crime
Burglary third
Unlawfully enters building with intent to commit a crime
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
Criminal trespass first
Trespassing in a dwelling
Criminal trespass second
Enters or remains in a building or premise where notice against trespass is given by fencing or other enclosure
Criminal trespass third
Trespasses in or upon a premise
Domestic violence shelter trespass
Trespasses at a shelter and is the subject of an order of protection
Trespassing on private land near rail trail
Presumed to be unlawful
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
Criminal mischief second
Intentionally or wantonly damages property at least 500 but less than $1000
Theft by deception
- Fails to correct a false impression which deceiver previously created,
- fails to disclose a known lien,
- Issues or passes a check knowing it will not be honored
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