KRS Questions Flashcards
What is the weight for aggravated trafficking of heroin?
100 grams or more
What is the weight for aggravated trafficking of fentanyl?
28 grams or more
What is the weight for aggravated trafficking of carfentanil or fentanyl derivatives?
10 grams or more
What is the weight for trafficking cocaine?
4 grams or more
What is the weight for trafficking meth?
2 grams or more
What is the dosage units for a schedule 1 or 2 controlled substance that qualifies it as trafficking?
10 or more dosage units
What is the time limit in days that a suspect can be caught selling the trafficking amount of narcotics and still be charged?
Not to exceed 90 days
Per KRS 218A.1412, what class of penalty is it to violate subsection (1) (a-d) for the first time?
(trafficking cocaine, meth, schedule I and II, heroin, or fentanyl, etc.)
Class C Felony
Per KRS 218A.1412, what class of penalty is it to violate subsection (1) (a-d) for the second or subsequent offense?
(trafficking cocaine, meth, schedule I and II, heroin, or fentanyl, etc.)
Class B Felony
Per KRS 218A.1412, what class of penalty is it to violate subsection (1) (e) for the second or subsequent offense?
(any amount less than specified in the paragraphs of the law)
Class C Felony
Per KRS 218A.1412, what class of penalty is it to violate subsection (1) (e) for the first offense?
(any amount less than specified in the paragraphs of the law)
Class D Felony
According to KRS 218A.1422, what is the maximum term of incarceration a person can serve for possession of marijuana?
No greater than 45 days
What is the class of offense for trafficking in less than 8 oz. of marijuana-1st Offense?
Class A Misdemeanor
What is the class of offense for trafficking in less than 8 oz. of marijuana-2nd or subsequent Offense?
Class D Felony
What is the class of offense for trafficking in 8 or more ounces but less than 5lbs of marijuana 1st offense?
Class D Felony
What is the class of offense for trafficking in 8 or more ounces but less than 5lbs of marijuana 2nd or subsequent offense?
Class C Felony
What is the class of offense for trafficking in 5 or more lbs of marijuana 1st offense?
Class C Felony
What is the class of offense for trafficking in 5 or more lbs of marijuana 2nd or greater offense?
Class B Felony
Can you ever mark a citation for A.I. prepayable?
Yes, if the person has not been convicted of it 2x within the past 12 months
What is a Schedule 1 controlled substance?
Has high potential for abuse and has no accepted medical use in treatment in the US or lacks accepted safety use in treatment under medical supervision
What is a Schedule 2 controlled substance?
Substance has a high potential for abuse, substance has currently accepted medical use for treatment in US, or currently accepted medical use with severe restrictions, and the abuse of the substance may lead to severe psychic or physical dependence
What is a Schedule 3 controlled substance?
Substance has a potential for abuse that is less than schedules 1 and 2, the substance has an accepted medical use in treatment in the US, and abuse of the substance may lead to moderate or low physical dependence or high psychological dependence
What is a schedule 4 controlled substance?
Substance has a low potential for abuse relative to scheduled 3, substance has currently accepted medical treatment use in US, abuse of substance may lead to limited physical dependence or psychological dependence relative to the substances in schedule 3
What is a schedule 5 controlled substance?
Substance has low potential for abuse relative to schedule 4 substances, substance has current accepted medial use in treatment in the US, and the substance has limited physical or psychological dependence liability relative to schedule 4
What is the dosage units for trafficking in the 2nd degree for a controlled substance classified in schedules 1 or 2 that is not a narcotic, salvia or marijuana?
10 or more dosage units
What is the dosage units for trafficking in the 2nd degree for a schedule 3 substance?
20 or more dosage units
What is the dosage units for trafficking in the 3rd degree for schedule 4 or 5 substances?
20 or more dosage units
Per KRS 218A.1415, what is the maximum term of incarceration for possession of a controlled substance 1st degree?
No greater than 3 years
What schedule(s) does possession of controlled substance 1st degree cover?
1 and 2
What schedule(s) does possession of controlled substance 2nd degree cover?
1 and 2 that is not a narcotic drug, and all of 3 except synthetics, salvia, or marijuana
What schedule(s) does possession of controlled substance 3rd degree cover?
4 and 5
How many chemicals or items of equipment is possessed if charging someone with manufacturing meth?
2 for both chemicals or items of equipement
Per KRS 218A.1451, what is the maximum incarceration term for possession of salvia?
Not to exceed 30 days
What enhancement does possessing a firearm provide if the offender is violating the laws of KRS 218? (Drug Laws)
Enhances it 1 class more severe
3 exceptions for arresting for a misdemeanor committed in your presence
Offender is danger to themselves or others
Offender failed to follow reasonable instructions
Officer believes offender will FTA
To be classified as a moped, what CC can the moped not exceed?
50cc
To be classified as a moped, what is the maximum brake horsepower the pedals can have?
no more than 2 brake horsepower
To be classified as a moped, what is the maximum speed the moped can go?
No more than 30mph
How many days does a person have to marry someone if they are on a K-1 visa?
90 days
To be considered a motorcycle, what does the maximum speed have to exceed?
50 mph
To be considered a motorcycle, what is the maximum amount of wheels in contact with the ground it can have?
3
How many wheels does a low speed vehicle have?
4
What speed can a low speed vehicle not exceed to keep this classification?
25mph
How many wheels does an alternative-speed motorcycle have?
3
How many doors does an alternative speed motorcycle have?
at least 1 door to a fully enclosed cab
What is the maximum mph an alternative speed motorcycle can operate at to qualify for this title?
no more than 40 mph
How many wheels does an autocycle have?
3 wheels
What is the maximum speed of an attocycle?
40 mph
What size wheels does a motor scooter require?
Diameter greater than 16 inches
What cc engine does a motor scooter have?
Greater than 50cc
What is the brake horse power of a motor scooter?
Greater than 2 brake HP
How many days does a new Kentucky residence have to apply for a Kentucky license?
30 days
How long is an instruction permit for a motor vehicle good for?
3 years and can be renewed
How long is an instruction permit for a motorcycle good for?
1 year and can only be renewed once
A person between the ages of 16-18 shall keep the instruction permit for how long? (same for 18-20 as well)
No less than 180 days
A person between the ages of 16-18 shall keep an intermediate license for how long? (same for 18-20 as well)
180 days
A person 21 or older shall have an instruction permit for how long?
30 days
How many days does an in state resident have to apply for a corrected license after changing their address?
10 days
What constitutes engaging in organized crime according to KRS 506.120?
Organization/participating in organizing a criminal syndicate or any of its activities
What are the key actions prohibited in KRS 506.120 regarding establishing/maintaining a criminal syndicate? (9)
Organize the syndicate, provide material aid, manage/supervise activities, knowingly furnish legal services, aid/conspire to commit crimes, commit/conspire listed KRS
What is a criminal syndicate?
3 or more persons, or in cases of merchandise theft/retail theft 2 or more persons, collaborating to promote/engage in any of the criminal acts in section 4a of 506.120 (extortion, coercion, theft, human trafficking, gambling, trafficking, illegal payment)
Penalty for engaging in organized crime, KRS 506.120?
B Felony, unless retail theft then C
What is the percentage of time a person found to have been in a syndicate must serve? 506.120
85% of sentence imposed
What is a criminal gang? KRS 506.135
3 or more persons sharing common identifiers engaging in criminal activity and has been recognized by State/Feds
Common identifiers among members of a criminal gang? KRS 506.135 (6)
Name, ID’ing hand signal/sign, colors, symbols, geographical location, leader
What groups are excluded from criminal gangs? 506.135 (5)
Frats, unions, corporations, asssociations, similar entities, unless organized for purpose of engaging in criminal activity
What does “pattern of criminal gang activity” mean? 506.135 (4)
Within a five year period, commit 2 or more felonies, three or more misdemeanors in 506.160, OR a combo of 1 felony and 1 misdemeanor in 506.160
What does “criminal gang recruitment” in the 1st degree mean?
Soliciting/enticing any person under age of 15 to join a gang with a crime requirement
Penalties for 1st and subsequent offenses for criminal gang recruitment 1st degree?
C Felony, then B Felony
Describe Criminal gang recruitment 2nd degree and penalty?
person over 18 entices/solicits another person to join gang OR intimidates another person because they refuse to join, withdraw or attempt to withdraw, refuse to submit to gang demand - D Felony, then C
Describe Criminal gang recruitment 3rd and penalty?
Person under 18 intentionally encourages/solicits another person to join criminal gang - A misdemeanor, then D Felony
What types of evidence are admissible to establish existence of criminal gang (20) 506.150
Self proclamation of gang, common identifiers, signs/signals/graffiti, mode/style of dress, tattoo/body mark, membership/age, creed of belief, organization or command structure, de facto territory/jurisdiction, initiation ritual, concentration/specialty, method of ops, ID’d as member by reliable informant, ID’d by parent/guardian, self proclamation with gang members, ID through gang publications, Participation of verbal/written comms, photos, target rival gang
Penalty enhancement for criminal gang related felony?
One more severe, 85% before parole
What are the conditions for the penalty being enhanced for gang members? 506.170 (3)
Convicted of a felony, put public at risk and acting in a gang
506.170 does not apply to juveniles, unless (2)
Transferred to Circuit court as a youthful offender and has at least 1 prior occasion been adjudicated a public offender for Felony OR he/she violent offender
What is murder (507.020)?
Causing death of another person with intent, or causing death through extreme indifference to human life
Under what circumstances can a person avoid guilt for murder based on extreme emotional disturbance?
Reasonable explanation/excuse which is determined from viewpoint of a person in defendants situation
What elements constitute manslaughter 1st? (3, 507.030)
Intent to cause SPI/death, causes death of a 3rd person; intent to cause death of another person, causes death of third person under circumstances of extreme emotional distress; intentionally abuses/knowingly permits another person of whom he has custody of to be abused and death causes u/12, or physically/mentally helpless
What class is Manslaughter 1st?
Class B Felony
What constitutes manslaughter 2nd degree and class ? (507.040)
Wantonly causes death of another - op mv, leaving u/8 child in mv which manifest extreme indifference to human life, unlawful distribution schedule I/II cs and is proximate cause of death - Class C felony
What constitutes reckless homicide and class? (507.050)
With recklessness, causes death of another person - Class D
What constitutes vehicular homicide and class? (2, 507.060)
Causes death of another; results from op mv (includes boats/planes), under influence/cs/substances which impairs driving - Class B Felony
What constitutes fetal homicide and class? (507A.020) (2)
Intent to cause death of unborn child and causes death; op mv under extreme disregard for human life causes wantonly engages in conduct which creates grave risk of death and causes death of unborn child - capital offense
What constitutes fetal homicide 2nd and class? (2, 507a.030)
Intent to cause spi to unborn child, causes death; extreme emotional disturbance causes death - B felony
What constitutes fetal homicide 3rd? (507a.040) (1)
Wantonly causes death of unborn child (can include mv operation) - c felony
What constitutes fetal homicide 4th? (507a.050)
Recklessly causes death of unborn child - D felony
Is a death sentence imposed for causing death of unborn child? (507a.060)
No
What constitutes assault 1st and class? (508.010, 2)
intentionally causes spi with di/dw; circumstances manifesting extreme indifference to value of human life, wantonly engages in conduct which creates grave risk of death, causes spi - b felony
What constitutes assault 2nd degree and class? (3, 508.020)
Intentionally cause spi to another; intentionally cause pi to another with dw/di; wantonly cause spi to another with dw/di - C felony
What constitutes assault 3rd and class? (508.025)
Recklessly w/ dw/di, or intentionally causes/attempts to cause pi to Leo/corrections employee/doctor/nurse/etc, also includes intentionally subjecting to bodily fluids - D felony
What constitutes assault 4th and class? (508.030, 2)
Intentionally/wantonly causes pi to another; recklessly causes pi to another w/ di/dw - A misdemeanor
How many offenses of assault of a family member/unmarried couple (508.032) must a suspect be convicted of for penalty to be enhanced to D felony?
3rd or more
If defendant establishes influence of extreme emotional disturbance in any assault case, what level of class will crime be? (508.040) (2)
If assault 1st/2nd - D felony; assault 4th - Class b misdemeanor
What constitutes menacing and class? (508.050)
Intentionally places another person in reasonable apprehension of imminent physical injury - b misdemeanor
What constitutes wanton endangerment 1st and class? (508.060)
Circumstances manifesting extreme indifference to value of human life, wantonly engages in conduct which creates substantial danger of death/spi - D felony
What constitutes wanton endangerment 2nd degree and class? (508.070)
Wantonly engages in conduct which creates substantial danger of pi to another - A misdemeanor
What constitutes terroristic threatening 1st and class? (508.075)
Intentionally makes false statements that he/another person has placed a wmd on school/bus/any property sanctioned by school/owned or leased gov’t property/dv shelter - c felony
What constitutes terroristic threatening 2nd degree and class? (2, 508.075)
Same as TT 1st, but includes false statements of electronic communication/etc, threats of spi/pi at school/worship function - d felony, enhanced to C if prepares (ammo/body armor, etc)