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)
What constitutes Terroristic threatening 3rd and class? (508.080, 2)
Threatens to commit any crime likely to result in spi to another OR substantial property damage; intentionally makes false statements for purpose of causing evacuation to building/place of assembly/facility of public transportation - A misdemeanor
What constitutes criminal abuse 1st (1 with three subsections, 508.100)?
Intentionally abuses another person/permits another person of whom he has actual custody to be abused AND 1) causes spi, 2) places in situation where spi could be caused, 3) torture, cruel confinement, cruel punishment to person u/12/physically or mentally helpless - C felony unless u/12, then B felony
What constitutes criminal abuse 2nd degree and class? (508.110, 1 with three sub sections)
Wantonly abuses another person/permits another person of whom he has actual custody of to be abused AND 1) spi, 2) situation may cause spi, 3) causes cruel confinement/punishment u12/physically mentally helpless - D felony
What constitutes criminal abuse 3rd and class? (508.120 - 1 w/ 3 subsections)
Recklessly abuses another person/permits another person of whom he has custody to be abused and thereby - 1) causes spi, 2) situation may cause spi, 3) torture, cruel confinement or punishment u/12 or physically/mentally helpless - A Misdemeanor
What constitutes stalking first degree and class? (2 parts, then one of four subsections) 508.140
Intentionally stalks another person, explicit/implicit threat w/ intent to place person in fear of sexual contact, spi, death AND one of next four - 1) served protective order exists, 2) pending criminal complaint that defendant knows about, 3) convicted/plead guilty within last 5 years of felony/A misdemeanor w/ same victim, 4) acts involved dw - D Felony
What constitutes stalking 2nd degree and class? (1 with 1 of 3 sub sections, 508.150)
Stalks another person intentionally, explicit/implicit threat w/ intent to place person in reasonable fear of - 1) sexual contact, 2) physical injury, 3) death - A Misdemeanor
What constitutes unlawful use of a tracking device and class? (508.152 - 4)
Intentionally installs/places tracking device on vehicle w/o consent, tracks owner w/o consent, while under epo tracks petitioner, while on probation/parole track victim w/o consent - A Misdemeanor
What constitutes disarming a peace officer and class? (508.160) - 2
Removes firearm/deadly weapon from peace officer person when acting in scope of official duty OR deprives peace officer of officers firearm when acting in capacity (not apply when defendant didn’t know it was an officer or peace officer engaged in felonious conduct) - d felony
What constitutes strangulation 1st and class? (2 - 508.170)
Impedes normal breathing/circulation of blood by applying pressure to throat/neck, or blocks nose/mouth - C felony
What constitutes strangulation 2nd degree and class? (2 - 508.175)
Without consent, wantonly impedes normal breathing/circulation of blood by applying pressure to throat/neck OR blocking nose/mouth of person
D felony
What constitutes hazing 1st and class? (1 - 508.182)
Intentionally/wantonly engages in hazing act that results in spi/death to minor/student - D Felony
What constitutes hazing 2nd degree and class? (508.184 - 1)
Recklessly engaging in hazing - A misdemeanor
What constitutes unlawful imprisonment 1st degree and class? (509.020) (1)
Knowingly and unlawfully restrains another person under circumstances which expose that person to risk of spi - D felony
What constitutes unlawful imprisonment 2nd degree and class? (509.030 - 1)
Knowingly and unlawfully restrains a person - A misdemeanor
What constitutes kidnapping (7 - 509.040)?
Unlawfully restrains another person and - 1) holds for reward, 2) accomplish/advance felony commission, 3) inflict bodily injury/terrorize victim, 4) interfere w/ performance of government/political function, 5) use as shield/hostage, 6) deprive parents/guardian of custody of minor
How are the Kidnapping classes enhanced?
B felony - victim released alive and safe prior to trial; A felony - spi, not released in safe place; Capital offense - victim dies or not released alive
What constitutes custodial interference and class? (509.070 - 1)
Knowing no legal right to do so, takes/entices/keeps from lawful custody any mentally disabled/other person entrusted by authority of law to custody of another person/institution - D felony unless person taken from lawful custody is returned voluntarily by defendant
What constitutes criminal coercion and class? (509.080 - 1 and four sub sections)
With intent to compel another to engage/refrain from conduct, threatens to - 1) commit any crime 2) accuse anyone of a crime 3) expose secret tending to subject any person to hatred, contempt, ridicule or impair another credit/business 4) take/withhold action as official/cause official to take/withhold action - defense for secret being true, correct wrong behavior - A misdemeanor
What constitutes rape 1st and class? (2 with two sections about consent - 510.040)
Engages in sexual conduct w/ another by forcible compulsion OR sexual intercourse with a person who is incapable of consent due to 1) physically helpless - 2) Less than 12 years old - B Felony, if victim u/12 or receives spi - A Felony
What constitutes rape 2nd and class? (510.050 - 2)
Being 18 or older, engages in sexual intercourse w/ less than 14 year old OR sexual intercourse w/ mentally incapacitated/incapable of consent due to intellectual disability - C Felony
What constitutes rape 3rd degree and class? (510.060 - 6 sections)
1) 21 or older, sexual intercourse w/ less than 16 year old
2) Sexual intercourse with someone who is 16/17 and subject is 10 years older than victim
3) subject 21 years old or more, sexual intercourse with less than 18 yr old and provides foster family home
4) Authority figure, sexual intercourse with minor under 18
5) To summarize, prison employee -> sexual intercourse with inmate
6) To summarize, cop in official capacity sexual intercourse with arrestee/subject
D Felony
What constitutes sodomy first and class? (510.070 - 2, 2nd is about consent)
Deviate sexual intercourse with another by forcible compulsion OR incapable of consent due to 1) physically helpless 2) less than 12 years old - B Felony, unless u/12 years old or spi - A Felony
What constitutes sodomy 2nd and class? (510.080 - 2, 2nd has to do with consent)
18 years old or older, engages in deviate sexual intercourse w/ less than 14 year old OR deviate sexual intercourse w/ another who is mentally incapacitated or incapable of consent due to intellectual disability - C Felony
What constitutes sodomy 3rd degree and class? (510.090 - six subsections - same as rape 3rd)
1) 21 or older, deviate sexual intercourse with less than 16 year old
2) victim 16/17, subject 10+ years older, deviate sexual intercourse
3) 21 or older, victim 18 or less, deviate sexual intercourse foster home
4) position of authority/special trust, deviate sexual intercourse less than 18
5) jail - prisoner deviate sexual intercourse
6) police - suspect in course of duties
D Felony
What constitutes sexual abuse 1st and class? (510.110 - 4 sections)
1) sexual contact by forcible compulsion
2) sexual contact incapable of consent (physically helpless, less than 12, mentally incapacitated, intellectual disability)
3) 21 or older - a) sexual contact with less than 16 year old b) masturbation less than 16 knows/reason to know other person present c) masturbation using internet/phone/electronic communication and person can see/hear masturbation
4) special trust/authority position minor less than 18 sexual contact, masturbation victim less than 16 and can see/hear -
D felony, unless victim u/12 then C Felony
What constitute sexual abuse 2nd degree and class? (510.020 - 2 sections)
18-21 subjects less than 16 to sexual contact; corrections/peace officer sexual contact to suspect/detainee/arrestee
Defense for this charge - lack of consent due to being 16, other person at least 14, actor less than 5 years older than victim
What constitutes sexual abuse 3rd and class? (510.030)
Subjects another person to sexual contact w/o consent
Defense for this charge - less than 16, other person 14, actor less than 18
What constitutes sexual misconduct? (510.040)
Engages in sexual intercourse/deviate sexual intercourse w/o consent - A Misdemeanor
What constitutes indecent exposure 1st and class? (510.148)
Exposes genitals intentionally under alarming circumstances to u/18
1st offense - B misdemeanor
2nd - A misdemeanor if committed within 3 years of 1st conviction
3rd - D felony for 3rd offense if committed within 3 years of 2nd
4th - D Felony for any subsequent offense if committed within 3 years of prior conviction
What constitutes indecent exposure 2nd degree? (510.150
Intentionally exposes genitals in alarming circumstances to 18+ - B Misdemeanor
What constitutes burglary 1st? (1 w/ three sub sections) 511.020
Intent to commit crime, knowingly entered/remained unlawfully in building - while effecting entry, while in building or while in flight, he/participants - 1) armed with explosives/dw 2) physical injury to non-participant 3) use/threaten use of di to non participant
B Felony unless in emergency declaration A Felony
What constitutes Burglary 2nd degree? (511.030)
Intent to commit crime, knowingly entered/remained in dwelling - C felony unless emergency B Felony
What constitutes burglary 3rd degree and class? (511.040)
Intent to commit crime, knowingly enters/remains unlawfully in building - D felony unless disaster C felony
What constitutes possession of burglary tools and class? (511.050)
Possesses any tool/instrument/thing adapted for committing/facilitating an offense involving forcible entry into premises or theft by a physical taking - intention to use in theft, knowledge that other person will be using tools for burglary/similar offenses - A Misdemeanor
What constitutes criminal trespass 1st and class?
Knowingly/unlawfully remains/enters dwelling - A misdemeanor unless emergency declaration D Felony
What constitutes criminal trespass 2nd and class? (511.070)
Enters/remains unlawfully building/premises notice against trespass given by fencing/enclosure - B Misdemeanor unless emergency declaration then A misdemeanor
What constitutes criminal trespass 3rd degree and class? (511.080)
Knowingly enter/remain unlawfully in/upon premises - Violation unless emergency declaration B Misdemeanor
In terms of domestic shelter trespass, what are the two things you have to have to charge this? (511.085)
Enters building/premises of dv shelter or is clearly marked as dv shelter, and subject of epo/dvo/tipo - A Misdemeanor
In terms of trespassing on key infrastructure assets, 511.100, it is the same as trespass 2nd degree but property needs to be what?
Key to life (power/manufacturing/natural gas/railyard/water/research/development of us military/cell/cable building) - B Misdemeanor for first, A for 2nd
What constitutes criminal use of noxious substance and class? (512.050)
Unlawfully deposits on land/building/vehicle stink bomb/device/irritant w/ intent to interfere with another’s use of land/building/vehicle - B Misdemeanor
What constitutes criminal possession of noxious substance and class? (512.060)
Possesses substance with idea in mind to use as a noxious device - B misdemeanor
What is the penalty for criminal littering (we all know what littering is - only thing we might need to know is no throwing sharp objects near 50ft of water) 512.070
A Misdemeanor
What constitutes unlawful acts relating to acquiring metals and classes? (512.090)
Damaging property in order to get restricted metal - B misdemeanor if less than 3k total damage/repair; D felony if greater than 3k
What constitutes arson 1st and class? (513.020)
With intent to damage/destroy building, fire started/explosion caused and - 1) building inhabited/occupied or reason to believe so, and 2) any person sustains spi - A Felony
What constitutes arson 2nd degree and class? (513.030)
Starts fire at own building or another with intent to destroy or get insurance money - B Felony
Defense if lawful destruction of building or owners of building consent to conduct with no intent to defraud
What constitutes arson 3rd degree and class? (513.040)
Wantonly causes destruction/damage to building of his own via fire/explosion - D felony
KRS 513.060 is burning personal property to defraud insurer is self-explanatory, but what is the class?
D Felony
Do you need an OL for a road roller, road machinery or any tractor?
No
Do you need an OL as a member of the armed services operating an official vehicle in the course of your service?
NO
Which law requires a driver to produce a license on demand?
License to be in possession and to be shown on demand (186.510)
T/F A driver whose license has been cancelled, suspended, or revoked prior to an accident shall be deemed prima facie negligent in causing or contributing to the accident?
TRUE
What constitutes tbut? (514.030) (2)
Take/exercising control over movable property with intent to deprive
Penalty for tbut firearm?
D felony
Penalty for theft of anhydrous ammonia?
D felony unless intent to manufacture meth, then B felony -> first offense, A Felony for 2nd and greater offense
Penalty for theft of controlled substances below $10,000?
D Felony
Penalty for theft of property valued $500-1,000?
A Misdemeanor
Theft of property between $1,000-$10,000 class?
D Felony
What penalty if theft $10,000-$1,000,000?
C Felony
Theft over 1,000,000 -> 10,000,000 is what class?
B Felony
Over 10,000,000 theft is what penalty?
B felony without limit
If a theft occurs during a declared emergency, what happens to the penalty class?
One level higher
If person convicted of theft does so during emergency declaration, how much of sentence imposed must they serve?
50%
How are multiple theft offenses within 90 days treated?
Can be single offense, aggregating property
How many convictions of tbut deception within 5 years result in a d felony?
3 or more
What constitutes tbut mislaid property? (514.050, 2)
Comes into control of property that they know is lost/mislaid/delivered under mistake; fails to take reasonable measures to return property
Class/penalty for mislaid property theft?
B misdemeanor
500-1,000 - A misdemeanor
1,000-10,000 - D Felony
3 or more convictions in 5 years - D felony
10,000+ - C felony
What are the penalties for theft of services? (514.060)
500-1,000 - A misdemeanor
1,000-10,000 - D felony
3+ convictions within 5 years - d felony
10,000+ C Felony
What constitutes possession for theft of telecommunication device under 514.065? (Class as well)
Making/owning devices for theft or selling them with intent for illegal use - A Misdemeanor
What constitutes theft by failure to make required disposition of property received? (514.070)
Obtaining property with legal obligation to make payment but intentionally failing to do so
Penalties for 514.070 - theft by failure to make required disposition of property?
500-1,000 - A misdemeanor
1,000-10,000 - D felony
10,000+ - C Felony
3 or more convictions in 5 years - D Felony
What constitutes theft by extortion (514.080)
Obtaining property of another by making threats/accusations/exposing secrets
Penalty for extortion - 514.080
500-1,000 - A misdemeanor
1,000-10,000 - D Felony
10,000+ - C Felony
3+ convictions in 5 years - D felony
What constitutes theft of labor already rendered? (514.090)
When labor already done, intentionally issues/passes check/money for payment knowing it will not be honored
Same penalties for all thefts
Penalty for theft of labor already rendered? (514.090)
B misdemeanor
A misdemeanor - 500-1,000
D felony - 1,000-10,000
10,000+ - C felony
3+ convictions in 5 years - D Felony
What constitutes receiving stolen property? (514.110)
Receives/retains/disposes of property they know has been stolen and has no intent to return to owner - possession is prima facie to charge
Receiving stolen property classes?
B misdemeanor
500-1,000 - A Misdemenaor
1,000-10,000 - D felony
3+ convictions 5 years - D felony
Firearm - D Felony
10,000+ - C Felony
Declared emergency - 1 section higher
Anhydrous ammonia - D felony
Anhydrous ammonia w/ intent to make meth - B felony then A for further convictions
What constitutes obscuring identity or another property (514.120)
To summarize, destroying vin/gov’t issued id number
A misdemeanor
500-10,000 - D felony
10,000+ - C felony
What is the penalty for poss of stolen mail matter? (514.150)
D felony
What is the penalty for tbut identity? (514.160)
D felony
What is the penalty for trafficking in stolen identities (514.170)
5 or more separate identities, C Felony
What constitutes robbery 1st? (Class as well, 515.020)
Course of committing theft, uses/threatens force upon another AND 1) physical injury to non participant, 2) armed with dw, 3) uses/threatens use of di
B felony, unless emergency declaration - B Felony
What constitutes robbery 2nd? (Class as well, 515.030)
Course of committing theft, threatens use of physical force
C felony, unless emergency declaration than B Felony
What constitutes forgery 1st degree? (Class as well, 516.020)
With intent to defraud/deceive/injury, falsely makes/completes/alters written instrument - money, stamps, securities, stock
C Felony
What constitutes forgery 2nd degree? (Class as well, 516.030)
Intent to defraud, completes/alters written instrument - deed/will/codicil/contract/assignment/comm instrument/cc, public record/instrument filed, public office document
D Felony
What constitutes forgery 3rd degree and class? (516.040)
With intent to defraud/deceive falsely makes/completes alters written instrument
A Misdemeanor
What constitutes CFPI 1st and class? (516.050)
Possess any forged instrument in 516.020 (money)
What constitutes CFPI 2nd (516.060)?
Utter/possess anything found in 516.030 with intent to defraud (deeds/contract/public office document)
D felony
What constitutes CFPI 3rd and class? (516.070)
With intent to defraud, utters/possess any forged instrument (A misdemeanor)
What constitutes possession of a forgery device (516.090) and class?
Possess/make device which purpose is for forging instruments - D felony
What constitutes criminal simulation 1st? (516.108)
Knowingly make/market/distribute any product designed to detect presence of alcohol/cs
D Felony
What constitutes criminal simulation 2nd? (516.110)
Makes/alters any object appearing to have rarity when it does not, use any product to alter result of test to detect alcohol/cs, possess object designed to do so
A misdemeanor
What constitutes commercial bribery? (518.020)
Offers/confers/agrees to benefits without employer consent to influence conduct OR Agrees to fiduciary benefit without approval to influence other party
A Misdemanor
What constitutes ticket scalping? (518.070)
Intentionally sells/officers to sell ticket to an event at greater price than charged at admission without authorization
Violation
What constitutes assault of a sports official? (518.090)
Intentionally injuring sports official (while on duty, arriving/departing athletic event)
A Misdemeanor, 5+ people assaulting - D felony
What constitutes obstructing governmental ops? (519.020)
Intentionally obstructs/impairs/hinders performance of gov’t function by using/threatening violence, force
A misdemeanor
What constitutes compounding a crime? (519.030)
Solicits/accepts/agrees to benefit upon agreement/understanding he will refrain from initiating a prosecution for crime OR confers, offers/agrees to confer any benefit upon another person upon agreement that such other person will recreation from initiation of prosecution
A Misdemeanor
What constitutes falsely reporting an incident? (519.040)
Creating false report that elicits emergency response; report offense/incident they know didn’t occur; giving false incident info; false implicating info to officer; reports false incident knowing it will cause alarm/inconvenience and elicits emergency response
A Misdemeanor unless emergency response - D felony
What constitutes impersonating a public servant? 519.050 class
Pretends to be public servant/public agency with intent to induce another to submit to such pretended official authority
NOT impersonating LEO
A misdemeanor
What constitutes impersonating a peace officer? (519.055)
Pretends to be peace officer/represent Leo agency with intent to induce another to submit to pretended official authority or otherwise to act in reliance
D Felony
What constitutes tampering with public records? (519.060)
Knowingly makes false entry/falsey alters public record OR knowing he lacks authority, destroys/mutilates/conceals/removes/otherwise impairs availability of public records OR refuses to deliver promptly public records
D felony
What is the penalty for tampering with a prison monitoring device?
D felony
What the penalty for attempted escape from penitentiary?
D felony
What constitutes escape 1st and class? (520.020)
Escape from custody/detention facility by use of force/threat of force - C Felony
What constitutes escape 2nd degree and class? (520.030)
Escapes from detention facility or, being charged with/convicted of felony, escaped from custody
D felony
What constitutes escape 3rd degree and class? (520.040)
Escape from custody, B misdemeanor
What constitutes promoting contraband 1st and class? (520.050)
Knowingly introduces dangerous contraband into detention facility OR being inside jail, makes/obtains/possess dangerous contraband
D felony
What constitutes promoting contraband 2nd degree and class? (520.060)
Knowingly introduces contraband to jail, or possesses/makes/obtains contraband in jail
A misdemeanor
What constitutes resisting arrest? (520.090)
Intentionally prevents/attempts to prevent LEO acting under official capacity from effecting arrest or another/actor by 1) using/threatening physical force/violence against LEO/another or 2) causing physical injury to peace officer/another
A Misdemeanor
BAC for DUI if a person is 21 or over
.08
BAC for DUI if a person is under 21
.02
Penalty for 4th offense DUI?
Must be within the past 10 years for all 4 convictions, class D felony
T/F the DUI law for the 10 year look back on convictions applies to convictions in other states or jurisdictions?
True
Aggravating DUI circumstances
30 mph or greater above posted limit
Wrong direction on limited access
Accident resulting in death or SPI
BAC of .15 or greater
Refuses tests of blood, breath or urine (2nd dui refusal only, 1st not aggravated)
Passenger under age of 12
Where shall all proceedings for the involuntary hospitalization of mentally ill persons be initiated?
District Court
Criteria for involuntary hospitalization:
Person presents a danger to themselves, family, or others as a result of mental illness
Can reasonably benefit from treatment
Hospitalization is the least restrictive alternative mode of treatment presently available
In order to qualify for a 360 day involuntary hospitalization, what must be presented to move forward with this?
that the respondent has been hospitalized or in a facility for 30 days within the preceding 6 months
How soon is a preliminary hearing held after a mental health petition is served?
6 business days
When is a final hearing held to determine whether or not a respondent should be involuntarily hospitalized?
21 days from the date of holding the respondent
How long can a person be involuntarily hospitalized after a court makes the decision to grant this?
60 or 360 days
Controlled substance endangerment to a child 1st
knowingly causes or permits and child to be present when any person is illegally manufacturing or possesses items with the intent to manufacture with them under circumstances that would cause SPI or death and the child dies
Class A Felony
Controlled substance endangerment to a child 2nd
knowingly causes or permits and child to be present when any person is illegally manufacturing or possesses items with the intent to manufacture with them under circumstances that would cause SPI or death and the child gets SPI
Class B Felony
Controlled substance endangerment to a child 3rd
knowingly causes or permits and child to be present when any person is illegally manufacturing or possesses items with the intent to manufacture with them under circumstances that would cause SPI or death and the child gets physical injury
Class C Felony
Controlled substance endangerment to a child 4th
knowingly causes or permits and child to be present when any person is illegally manufacturing or possesses items with the intent to manufacture with them under circumstances that would cause SPI or death and the child is not injured
Class D Felony
Does the caller/complainant/person rendering aid have to remain with the victim of an OD to qualify for Good samaritan law?
YES
What is the penalty for carjacking (basically robbery of a MV - takes MV with force/intimidation) KRS 515
B Felony
What are the new monetary values and class’s for Criminal Mischief 1st and 2nd degree? No more 3rd degree (512.020)
1st degree - $500 or more - D Felony
2nd degree - less than $500 - A Misdmeanor
What constitutes unlawful camping and class? (KRS 511)
Knowingly enters/remains on public/private street/sidewalk/area under bridge/overpass/path/park/cemetery/other area designated for use by peds/vehicles/area used for ingress/egress to businesses, homes, public buildings WITH intent to sleep/camp in area, when area has not been designated for sleeping/camping OR when authorization lacked to sleep/camp in area.
1st offense - violation
2nd offense OR 1st offense if individual refuses to cease - B Misdemeanor
If a first responder is murdered, what is the charge and penalty? (New KRS 507)
Capital offense, death sentence or life in prison with no probation/parole
What constitutes fleeing 1st degree? (vehicle - 4, ped - 2)
1) While op MV, person knowingly/wantonly disobeys order to stop vehicle when given order by police officer, and at least 1 of the following conditions 1) fleeing dv, 2) dui, 3) suspended OL, 4) Offender as a vehicle causes/creates risk of spi/death
2) when as a pedestrian w/ intent to flee/elude, person knowingly/wantonly ignores risk to stop by police officer and 1 of following conditions - 1) fleeing dv, 2) fleeing/eluding, person is cause of substantial risk/spi/death another person/property
D Felony
What constitutes fleeing 2nd degree? (KRS 520.100 - ped 1 driver 1)
As a ped, with intent to elude/flee, knowingly/wantonly disobeys direction to stop by person who is a peace officer who has RAS crime committed by person fleeing and in fleeing/eluding, the person is cause of/creates substantial physical injury risk
As MV operator with intent to elude/flee, person knowingly/wantonly disobeys recognized direction to stop vehicle by peace officer
A Misd
Trafficking in Salvia is what mental states
A. Knowingly
B. Intentionally
C. Wantonly
D. Recklessly
A. Knowingly
What is the maximum term of incarceration shall be no greater than__days for possession of Salvia
A. 15 days
B. 30 days
C. 15 days
D. 10 days
B. 30 days
What class is Forgery of Prescription 1st offense
A. Class A misdemeanor
B. Class C Felony
C. Class D felony
D. Class B felony
C. Class D felony
Class for Forger of prescription second or subsequent offense
A. Class D felony
B. Class C felony
C. Class B felony
D. Class A misdemeanor
B. Class C Felony
Factors to consider in determining whether object is drug paraphernalia
A. Statements made by owner or anyone in control of object
B. prior convictions of subject in control of the object
C. proximity to the object to control the substance/object
D. All the above
D. All the above
Enhancement of penalty when in possession of a firearm at the time of commission of offense
A. One or more severely
B. Two or more Severely
C. this has no affect on charge
D. None of the above
A. One ore more severely
The officer making an arrest shall inform the person about to be arrested
True
False
True
Time limitations on a felony
A. not subject to time limitations
B. 12 months
C. it depends
D. 10 years
A. Not subject to time limitations
Offenses other than a felony must be commenced within
A. 6 months
B. no limitations
C. 1 year
D. 3 months
C. 1 year
Mental state of Intentionally
Conscious objective is to cause the result or to engage in that conduct
Mental state of Knowingly
Aware that his conduct is of that nature or that the circumstance exists.
Mental state of Wantonly
Consciously disregards a substantial and unjustifiable risk that the result will occur
Mental state Recklessly
Fails to perceive a substantial and unjustifiable risk that the result will occur
A person may be charged with committing an offense against a vulnerable victim in a continuing course of conduct if the unlawful act was committed
against the same person of__or more times over a specified period of time.
A. 3 times
B. 1 time
C. 2 times
D. 4 times
C. 2 times
If the victim is under the age of___, or if
the victim is an individual with an intellectual disability, physically helpless,
or mentally incapacitated, if the victim is a minor
A. 15
B. 16
C. 12
D. 14
D. 14
A person may be convicted on the basis of the same course of conduct of both the
actual commission of a crime and a conspiracy to commit that crime when the
conspiracy from which the consummated crime resulted had as an objective of the
conspiratorial relationship the commission of more than one (1) crime.
True
False
True
