KRS & RCO Flashcards
1
Q
Define ‘intentionally’ in the context of criminal liability.
A
Acting purposely or with the conscious objective to engage in the conduct.
2
Q
Explain ‘knowingly’ as a culpable mental state in criminal offenses.
A
Being aware of and consciously disregarding a substantial and unjustifiable risk.
3
Q
How is ‘wanton’ behavior defined regarding criminal offenses?
A
Consciously disregarding a substantial and unjustifiable risk, constituting a gross deviation.
4
Q
What does ‘recklessly’ mean in the context of criminal acts?
A
Failing to perceive a substantial and unjustifiable risk, constituting a gross deviation.
5
Q
When is a person not guilty of a criminal offense?
A
When he engages in conduct voluntarily, meets mental state requirements, and is physically capable.
6
Q
Explain the term ‘culpability’ as related to criminal statutes.
A
Even if not expressly designated, a culpable mental state may be required if conduct necessitates it.
7
Q
What is ‘absolute liability’ in the context of criminal offenses?
A
A person can be guilty of an offense without the specific mental states if certain criteria are met.
8
Q
Define ‘offense against a vulnerable victim’ in criminal law.
A
It includes various violations against vulnerable individuals, such as minors or those with disabilities.
9
Q
What constitutes tampering with a witness?
A
Inducing a witness to avoid testifying or influencing their testimony.
10
Q
What is considered retaliating against a participant in the legal process?
A
Engaging in conduct intending to cause harm or damage.
11
Q
What are the various actions that can be classified as tampering with a witness?
A
Inducing absence, making false statements, or practicing deceit.
12
Q
What is the penalty for intimidating a participant in the legal process?
A
It is considered a Class D felony.
13
Q
How does the law define intimidating a participant in the legal process?
A
By hindering, delaying, or preventing communication of relevant information.
14
Q
When can a person be convicted of tampering with a witness?
A
If the act is related to the role played by the witness.
15
Q
What actions are involved in tampering with a witness according to the law?
A
Inducing absence or influencing the witness’s testimony.
16
Q
What constitutes unauthorized use of an automobile?
A
Operating, controlling, or using a vehicle without the owner’s consent.
17
Q
What offense does theft of labor already rendered result in?
A
Theft of labor already rendered can result in various classes of misdemeanor or felony charges.
18
Q
What is the consequence of committing two or more theft of labor offenses within 90 days?
A
The offenses may be combined, treated as a single offense, and the values aggregated for charging.
19
Q
What constitutes receiving stolen property?
A
Receiving, retaining, or disposing of movable property known or believed to be stolen.
20
Q
Define ‘forced labor or services’.
A
Labor obtained through force, fraud, or coercion from another person.
21
Q
What constitutes ‘advancing prostitution’?
A
Causing or aiding prostitution, procuring patrons, providing premises, or engaging in related conduct.
22
Q
Explain the term ‘commercial sexual activity’.
A
Includes sex acts involving anything of value, production of obscene material, or sexually explicit performances.
23
Q
What is meant by ‘debt bondage’?
A
Debtor pledges personal services or others’ services as security for a debt.
24
Q
Define ‘force, fraud, or coercion’.
A
Includes harm, abuse of law, controlling access to substances, destroying documents, etc.
25
What does 'human trafficking' involve?
Forced labor, commercial sexual activity through force, fraud, or coercion.
26
What is 'profiting from prostitution'?
Accepting money or property from proceeds of prostitution activity.
27
Explain 'serious harm' in human trafficking.
Serious harm, physical or nonphysical, that compels someone into commercial sexual activity.
28
Can a person carry a concealed firearm in Kentucky according to KRS 237.109 or 237.110?
Yes, if carried in conformity with the requirements of KRS 237.109 or 237.110.
29
Are there criminal penalties for carrying a concealed firearm where unconcealed firearms can be carried as per Kentucky statutes?
No criminal penalty shall attach in such locations.
30
Can any person or organization prohibit possessing a firearm in a vehicle in Kentucky?
No person or organization, public or private, can prohibit possession in compliance with specific provisions.
31
What action can be taken against a person or organization violating firearm possession provisions in Kentucky?
An action for appropriate relief or damages in a court of competent jurisdiction.
32
Who can carry a concealed firearm without limitations in Kentucky according to KRS 237.110 or 237.138 to 237.142?
Commonwealth's attorney, county attorney, justice or judge, and retired peace officer with a license.
33
Where is a person specified in the subsection not authorized to carry a concealed deadly weapon?
In a detention facility without permission from the authorities in charge.
34
What does a concealed deadly weapon license specify for a person specified in the subsection in Kentucky?
Valid at all locations within the Commonwealth of Kentucky with other identifying characteristics.
35
Who can carry concealed deadly weapons within Kentucky according to subsection (6)?
Elected sheriffs, full-time and part-time deputy sheriffs, elected jailers, and corrections department employees.
36
Define 'Staff secure facility for residential treatment'.
A setting where all entrances and exits are controlled by facility staff for children's treatment.
37
List the categories of status offenses mentioned in the notes.
Beyond the control of school or parents, habitual runaway, habitual truant, alcohol offenses.
38
What is the term 'Take into custody' referring to?
The procedure where a peace officer or authorized person assumes initial custody of a child.
39
Explain what 'Transition plan' entails according to the notes.
A personalized plan for youth including housing, health insurance, education, mentors, and employment support.
40
What is the definition of a 'Valid court order'?
An order by a judge regulating the conduct of a status offender with full due process rights.
41
Define a 'Violation' as per the course notes.
Any offense (excluding traffic infractions) punishable with only a fine.
42
What is the purpose of a 'Youth alternative center'?
A nonsecure facility for juvenile detention approved by the Department of Juvenile Justice.
43
Who is considered a 'Youthful offender' based on the given text?
Any individual of any age transferred to Circuit Court and subsequently convicted.
44
What offense is defined under KRS 510.140?
Sexual misconduct.
45
What is the penalty for sexual misconduct as per the notes?
Sexual misconduct is a Class A misdemeanor.
46
Define indecent exposure in the first degree.
Intentional exposure of genitals likely to cause affront or alarm to a person under 18.
47
What are the classes of offenses for indecent exposure in the first degree based on the number of offenses committed?
Class B misdemeanor for the 1st; Class A misdemeanor for the 2nd; Class D felony for 3rd; subsequent offenses are Class D felony.
48
What constitutes indecent exposure in the second degree?
Intentional exposure of genitals likely to cause affront or alarm to a person 18 or older.
49
Under what circumstances did the law define unlawful use of electronic means?
For the purpose of procuring or promoting the use of a minor in prohibited activities.
50
What is the restriction mentioned in the notes regarding multiple convictions arising from a single course of conduct?
No person can be convicted of this offense and another offense for the same course of conduct intended to consummate in the same offense with the same minor or peace officer.
51
What are the communication systems specified under the law for unlawful use?
Including computers, computer networks, bulletin boards, cellular telephones, or any other electronic means.
52
What does 'agency' refer to in the text?
An organization responsible for various purposes like incident command.
53
When was the chapter last amended?
2020.
54
Define 'Litter' according to the notes.
It encompasses various types of waste or foreign substances.
55
What is the penalty for criminal mischief in the first degree?
Class C or D felony depending on the circumstances.
56
Explain the definition of 'Noxious substance'.
A substance capable of emitting offensive fumes, gases, or vapors.
57
What entities are permitted to operate an unmanned aircraft system?
Emergency management agencies, commercial operators with FAA authorization, etc.
58
When was the statute regarding criminal mischief last amended?
2022.
59
What is the pecuniary loss threshold for criminal mischief in the first degree?
$1,000 or more.
60
Define 'Property' as per the chapter definitions.
Includes livestock and poultry.
61
Under what circumstances does criminal mischief become a Class C felony?
During a declared emergency arising from a disaster.
62
Define 'motorcycle' as per the notes.
A vehicle operated by an operator, travels on not more than three wheels, including enclosures.
63
What is the speed limitation for a low-speed vehicle as stated in the notes?
Designed to operate at a speed not exceeding twenty-five (25) miles per hour.
64
Define 'alternative-speed motorcycle' based on the notes.
A self-propelled motorcycle with an electric motor, enclosed cab, and speed limit of forty (40) miles per hour.
65
What is meant by 'multiple-vehicle driving range' according to the notes?
An enclosed area for driver training with several vehicles under supervision.
66
Explain the term 'autocycle' as defined in the notes.
A motor vehicle with specific features including no straddling seat and speed over forty (40) miles per hour.
67
Define 'livestock' based on the course notes.
Animals such as cattle, sheep, goats, horses, and others of specific species.
68
What is the definition of 'identity document' as per the notes?
Includes permits, licenses, IDs issued under specific regulations or commercial driver's license.
69
Explain what a 'motor scooter' is according to the notes.
A low-speed motorcycle with specific features and speed limitation of fifty (50) miles per hour.
70
What does 'alternative technology' refer to in KRS 186.400 to 186.640 based on the notes?
Methods used by the cabinet to facilitate issuance of licenses and personal IDs.
71
Define obstructing governmental operations.
Intentionally obstructing, impairing, or hindering governmental function with violence or force.
72
What are the exceptions to the section on obstructing governmental operations?
Avoiding compliance without interference; obstructing unlawful action by public servant; hindering an arrest.
73
What is the penalty for obstructing governmental operations?
Class A misdemeanor.
74
Define compounding a crime.
Refraining from prosecution in exchange for benefit, or offering benefit for refraining.
75
What is a defense in a prosecution for compounding a crime?
That the benefit was believed to be restitution or indemnification for harm caused.
76
What is the penalty for compounding a crime?
Class A misdemeanor.
77
What constitutes falsely reporting an incident?
Knowingly causing false alarms or reports, giving false information to law enforcement.
78
What are the penalties for falsely reporting an incident?
Class A misdemeanor for certain cases, Class D felony for others.
79
Where can a violation under falsely reporting an incident be prosecuted?
In any county where defendant resides, false report was communicated, or emergency response occurred.
80
What restitution is ordered in cases of falsely reporting an incident?
Restitution to agency or individual for costs or damages caused by the false report.
81
Who can file a petition for involuntary hospitalization according to KRS 202A.051?
Qualified mental health professional, peace officer, county attorney, Commonwealth's attorney, spouse, relative, friend, guardian, or any interested person.
82
What must the petition for involuntary hospitalization include according to KRS 202A.051?
Relationship to respondent, respondent's details, petitioner's belief of mental illness and danger, and hospitalization history.
83
When shall proceedings for 60 or 360-day involuntary hospitalization be initiated according to KRS 202A.051?
Proceedings shall be initiated by filing a verified petition in District Court.
84
What happens after the court reviews the petition for involuntary hospitalization according to KRS 202A.051?
The court examines the petitioner under oath and may order the respondent to be examined by a qualified mental health professional.
85
How does the court proceed if there is probable cause for involuntary hospitalization according to KRS 202A.051?
The court may implement procedures in KRS 202A.028 and order the individual to be examined without unnecessary delay.
86
Who can transport the individual to a hospital for evaluation according to KRS 202A.051?
The sheriff of the county or other peace officer may transport the person to a designated hospital or psychiatric facility.
87
Who can carry a concealed deadly weapon in Kentucky, as per the notes?
Full-time paid peace officers from another state or territory with reciprocity.
88
Where is it not authorized to carry a concealed deadly weapon in Kentucky?
In a detention facility without permission from warden or jailer.
89
What location is exempt from the definition of a detention facility in Kentucky?
Courtrooms, facilities, or premises used by the Court of Justice.
90
Under what circumstance is a firearm not considered concealed in Kentucky?
When stored in an enclosed compartment in a vehicle, even if not locked.
91
Can a person be prohibited from keeping a firearm in their vehicle in accordance with the law described?
No, no person or organization, public or private, can prohibit it.
92
Who is exempt from the provisions of carrying a concealed deadly weapon in Kentucky?
A person who owns or has permission on property they or their family own.
93
Can a lessee of a property carry a concealed deadly weapon in Kentucky?
Yes, if they are the lessee or have permission from the property lessee.
94
What constitutes promoting gambling in the first degree under Kentucky law?
Engaging in bookmaking with three or more people and receiving bets over $500 in a day.
95
What is the penalty for promoting gambling in the first degree in Kentucky?
It is classified as a Class D felony.
96
Define promoting gambling in the second degree in Kentucky.
Advancing or profiting from unlawful gambling activity without meeting first-degree criteria.
97
What is the punishment for promoting gambling in the second degree under Kentucky law?
It is considered a Class A misdemeanor.
98
How is conspiracy to promote gambling defined in Kentucky statutes?
Conspiring to advance or profit from gambling activities.
99
What is the legal classification for conspiracy to promote gambling in Kentucky?
It is a Class D felony.
100
Describe possession of gambling records in the first degree according to Kentucky law.
Possessing writings reflecting bets over $500 or representing over 500 plays in a lottery.
101
Under Kentucky law, what defense can be used against prosecution for possession of gambling records?
It is a defense if the records represent the defendant's own bets.
102
When was 525.080 (Harassing communications) created?
Created in 1974 by Ky. Acts ch. 406, sec. 217, effective January 1, 1975.
103
What are the actions categorized under harassing communications in subsection (1)?
Communicating to intimidate, harass, annoy, alarm by various means without legitimate purpose.
104
What is the penalty for harassing communications?
Harassing communications is a Class B misdemeanor.
105
When was harassing communications last amended?
Amended in 2016 by 2016 Ky. Acts ch. 99, sec. 1, effective July 15, 2016.
106
When was 525.090 (Loitering) created?
Created in 1974 by Ky. Acts ch. 406, sec. 218, effective January 1, 1975.
107
What activities are considered loitering under subsection (1) of 525.090?
Remaining for gambling, drug use, unauthorized presence, or unauthorized solicitation.
108
What is the punishment for loitering?
Loitering is a violation offense.
109
When was loitering last amended?
Amended in 2023 by 2023 Ky. Acts ch. 147, sec. 19, effective June 29, 2023.
110
When was 525.100 (Public intoxication) proposed?
Proposed in 1974 by Ky. Acts ch. 406, sec. 220, effective January 1, 1975.
111
What constitutes public intoxication under subsection (1) of 525.100?
Being visibly under the influence of substances endangering self or others.
112
What penalty is associated with public intoxication?
Public intoxication is a Class B misdemeanor.
113
When was public intoxication last amended?
Amended in 1986 by 1986 Ky. Acts ch. 336, sec. 9, effective July 1, 1986.
114
What offense is described under KRS 218A.1441?
Controlled substance endangerment to a child in the first degree.
115
What is the penalty for controlled substance endangerment to a child in the first degree?
It is a Class A felony.
116
When was controlled substance endangerment to a child in the first degree created?
It was created by the 2005 Ky. Acts ch. 150, sec. 2, effective June 20, 2005.
117
Under what circumstances does controlled substance endangerment to a child in the first degree occur?
Causing or permitting a child to be present during illegal substance activities, endangering them.
118
What is the penalty for controlled substance endangerment to a child in the second degree?
It is a Class B felony.
119
When was controlled substance endangerment to a child in the second degree created?
It was created by the 2005 Ky. Acts ch. 150, sec. 3, effective June 20, 2005.
120
Under what circumstances does controlled substance endangerment to a child in the second degree occur?
Causing or permitting a child to be present during illegal substance activities, leading to serious injury.
121
What is the penalty for controlled substance endangerment to a child in the third degree?
It is a Class C felony.
122
When was controlled substance endangerment to a child in the third degree created?
It was created by the 2005 Ky. Acts ch. 150, sec. 4, effective June 20, 2005.
123
Under what circumstances does controlled substance endangerment to a child in the third degree occur?
Causing or permitting a child to be present during illegal substance activities, resulting in physical injury.
124
What is a defense when the commission of a crime is prevented by voluntary renunciation?
Voluntary and complete renunciation of the criminal purpose.
125
What does not constitute 'voluntary and complete' renunciation in criminal cases?
Renunciation motivated by threat of apprehension, detection, or decision to postpone the criminal conduct.
126
Is incapacity of the person solicited a defense in criminal solicitation cases?
No, incapacity of the person solicited is not a defense in criminal solicitation.
127
In what circumstances can a defendant not be convicted of conspiracy?
If all co-conspirators have been acquitted or discharged.
128
What constitutes criminal facilitation?
Engaging in conduct knowingly providing means for another person to commit a crime.
129
What are the different classes of crimes based on the crime facilitated in criminal facilitation?
Class D felony, Class A misdemeanor, Class B misdemeanor.
130
Is lack of prosecution or conviction of the person facilitated a defense in criminal facilitation?
No, lack of prosecution or conviction of the person facilitated is not a defense.
131
Which subsection of the section does not apply to specific devices?
(4) Subsection (2)
132
What are some purposes for which vehicle tracking devices are exempt from the subsection?
Providing mechanical, operational, directional, navigation, weather, or traffic information
133
When did the law outlined in the text become effective?
June 29, 2023
134
Under what circumstances can a tracking device be used by a parent or guardian?
On a vehicle owned or leased by the parent or guardian, and operated by a minor
135
Who can use a tracking device while performing police duties?
A police officer
136
What happens if a guilty verdict is reached for specific offenses before January 1, 2016?
It operates as an application for a restraining order.
137
From January 1, 2016, what does a guilty verdict for specific offenses operate as?
An application for an interpersonal protective order.
138
For how long can an interpersonal protective order be effective for?
Up to ten (10) years, with further renewals in increments of up to ten (10) years.
139
What specific relief can a restraining order grant according to the text?
An order restraining the defendant from entering specific locations or from making contact with the victim.
140
What is the definition of desecration of venerated objects in the first degree?
Intentionally excavating or disinterring human remains for commercial exploitation.
141
What is the penalty for desecration of venerated objects in the first degree?
Class C felony.
142
What is the effective date for desecration of venerated objects in the first degree?
July 15, 2002.
143
What constitutes desecration of venerated objects in the second degree?
Desecrating public monuments, national or state flags in a public place.
144
What is the penalty for desecration of venerated objects in the second degree?
Class A misdemeanor.
145
What is the effective date for desecration of venerated objects in the second degree?
July 14, 1992.
146
What is institutional vandalism according to the notes?
Knowingly vandalizing objects due to race, color, religion, or national origin.
147
What is the penalty for institutional vandalism?
Class D felony.
148
When was institutional vandalism created?
In 1998 from Kentucky Acts chapter 606.
149
What actions constitute violating graves?
Intentionally mutilating, removing, or damaging cemetery structures or graves.
150
What is the penalty for violating graves?
Class D felony.
151
What is required of the defendant in a violating graves case as per the notes?
Restore the cemetery to its pre-damage condition.
152
What is abuse of a corpse as per the course notes?
Intentionally treating a corpse in a manner that would outrage family sensibilities.
153
What penalty is associated with abuse of a corpse?
Class D felony.
154
When was the amendment related to abuse of a corpse enacted?
June 27, 2019.
155
What constitutes possession of material portraying a sexual performance by a minor?
Having knowledge of its content and character, and knowing the sexual performance is by a minor.
156
What offenses can lead to guilt for distributing matter portraying a sexual performance by a minor?
Sending for sale, bringing for distribution, exhibiting for profit, distributing, offering to distribute, or possessing with intent to distribute such material.
157
What is the penalty for possession or viewing of matter depicting a sexual performance by a minor if the minor portrayed is less than 18 years old?
It is a Class D felony.
158
What is the penalty for possession or viewing of matter depicting a sexual performance by a minor if the minor portrayed is less than 12 years old?
It is a Class C felony.
159
Under what conditions does the provision on viewing matter depicting sexual conduct by a minor apply?
Deliberate, purposeful, and voluntary viewing; excluding accidental or inadvertent viewing and investigative or litigation purposes.
160
How are individuals exempted from the offense of viewing matter portraying a sexual performance by a minor?
Minors, parents or guardians of minors, and school administrators investigating violations.
161
When is distribution of matter portraying a sexual performance by a minor considered a Class D felony?
For the first offense if the minor portrayed is less than 18 years old at the time of the sexual performance.
162
When is distribution of matter portraying a sexual performance by a minor considered a Class C felony?
For each subsequent offense if the minor portrayed is less than 18 years old at the time of the sexual performance.
163
When is distribution of matter portraying a sexual performance by a minor considered a Class B felony?
For each subsequent offense if the minor portrayed is less than 12 years old at the time of the sexual performance.
164
What does 'conduct' encompass?
Masturbation, homosexuality, lesbianism, bestiality, sexual intercourse, deviant sexual intercourse, or physical contact with genitals for sexual stimulation.
165
What constitutes distribution of obscene matter?
Sending, bringing, preparing, publishing, printing, exhibiting, distributing, offering to distribute, or having obscene matter with intent to distribute.
166
What is the penalty for distribution of obscene matter?
Class B misdemeanor, unless possessing more than one unit, then Class A misdemeanor.
167
What actions classify distribution of obscene matter to minors?
Sending, exhibiting, distributing, or offering to distribute obscene material to a minor.
168
What is the penalty for distribution of obscene material to minors?
Class A misdemeanor, unless prior conviction makes it a Class D felony.
169
What is defined as voyeurism?
Intentionally observing sexual conduct or genitals of another without consent using devices or unaided eye.
170
What actions classify using minors to distribute obscene material?
Hiring, employing, or using a minor to perform acts prohibited by KRS 531.020.
171
What is the penalty for using minors to distribute obscene material?
Class A misdemeanor, unless prior conviction makes it a Class D felony.
172
Define 'Heroin'.
A substance containing any quantity of heroin, or any of its salts, isomers, or salts of isomers.
173
What is the definition of an 'Immediate precursor'?
A substance used in manufacture of a controlled substance to prevent, curtail, or limit manufacture.
174
Explain the term 'Intent to manufacture'.
It refers to any evidence showing a person's conscious objective to manufacture a controlled substance or methamphetamine.
175
What does 'Isomer' mean in this context?
The optical isomer, but may also include positional or geometric isomers classified by the Cabinet for Health and Family Services.
176
Define 'Manufacture' as per the notes.
It means production, preparation, or processing of a controlled substance directly or indirectly, excluding certain specific activities.
177
What does the term 'Marijuana' encompass?
All parts of the plant Cannabis sp., its seeds, resin, and any compound, salt, or derivative containing these substances.
178
What action should a peace officer take if the parent, guardian, or custodial person cannot be located for a child?
File a complaint pursuant to KRS 610.012.
179
What must the written promise, submitted to the court, include when a child is released from custody?
Reasons for taking custody, release details, person to whom released, and reasons for release.
180
In what circumstances can a child be retained in custody for an additional 12 hours by a peace officer?
When authorized by the court-designated worker, for transport to a secure/nonsecure facility.
181
What is the maximum time a child can be held for investigation by a peace officer without being subject to trial as an adult?
Two (2) hours.
182
What should a peace officer do if a person fails to produce the child as agreed upon in a written promise?
Issue a summons, warrant, or custody order for the apprehension of the person or child.
183
Under what condition can a peace officer notify the county attorney and the cabinet regarding a suspected runaway?
If the person fails or refuses to collect the child.
184
What should a court-designated worker do if a child is not released and does not fall under adult trial?
May release to parents, authorize release to others, or extend custody for up to 12 hours.
185
Under what circumstance can a laboratory test for a controlled substance be admissible as evidence?
In a prosecution under subsection (1)(c) or (e) of this section.
186
What is the penalty for a first offense of violating subsection (1) of this section?
Fine of not less than $200, imprisonment of not less than 48 hours nor more than 30 days, or both.
187
What is the penalty for a second offense of violating subsection (1) within a ten-year period?
Fine of not less than $350, imprisonment of not less than 7 days nor more than 6 months, or both.
188
What is the penalty for a third offense of violating subsection (1) within a ten-year period?
Fine of not less than $500, imprisonment of not less than 30 days nor more than 12 months, or both.
189
What is the penalty for a fourth or subsequent offense of violating subsection (1) within a ten-year period?
Guilty of a Class D felony with a mandatory minimum term of imprisonment of 240 days.
190
Who can withdraw blood for testing under this section?
Physician, registered nurse, phlebotomist, medical technician, or medical technologist.
191
What testing options are available if breath test detects impairment by a substance not testable?
Blood, urine, or both tests may be required in addition to or instead of breath test.
192
What are the options for a person tested after submitting to all required tests by the officer?
They can have a person listed in subsection (6) administer additional tests.
193
Under what conditions can the results of tests at the direction of a peace officer be deemed inadmissible?
Nonavailability of chosen person to administer additional tests in a reasonable time.
194
What type of alcohol or substance testing is subject to refusal or penalties under KRS Chapter 189A?
Breath analysis by specified instrument, blood or urine testing at designated facilities.
195
For what type of breath analysis is the result admissible in court according to KRS Chapter 189A?
Breath analysis testing by a specified instrument installed, tested, and maintained by the Commonwealth.
196
What happens if a person refuses to submit to tests under KRS 189A.103?
It results in the suspension of his or her driving.
197
What is the structural class containing a 3-(1-tetramethylcyclopropoyl)indole structure?
Synthetic cannabinoids
198
Give examples of compounds in the structural class of 3-(1-tetramethylcyclopropoyl)indole structure.
UR-144 and XLR-11
199
What is the definition of 'synthetic cathinones'?
Chemical compounds derived from 2-aminopropan-1-one with specific substitutions.
200
List examples of synthetic cathinones according to the course notes.
3,4-Methylenedioxycathinone (bk-MDA), 2-methylamino-1-phenylbutan-1-one (buphedrone), Dimethylcathinone, Ethcathinone, and α-Pyrrolidinopropiophenone (α-PPP)
201
What does 'synthetic drugs' refer to based on the provided information?
It refers to synthetic cannabinoids, piperazines, and cathinones.
202
Define 'Telehealth' as per the course notes.
It has the same meaning as defined in KRS 211.332.
203
Explain the term 'Tetrahydrocannabinols' according to the course notes.
Synthetic equivalents of THC found in Cannabis, derivatives, and isomers.
204
What is the definition of 'Traffic' in the context provided in the course notes?
It means the various actions related to controlled substances like manufacture, distribution, etc.
205
Who is considered the 'Ultimate user' based on the definition given in the notes?
A person lawfully possessing a controlled substance for their own use or for specified purposes.
206
Which subsection of the statute defines theft by unlawful taking?
Subsection (2)
207
What type of offense is classified as a Class C felony?
Theft where the property value is $10,000 or more but less than $1,000,000.
208
Under what condition will a person be charged at a higher level during a declared emergency?
If the offense occurs during a declared emergency arising from a natural or man-made disaster.
209
How much of the sentence must a person convicted under subsection (2)(i) serve before being released on probation or parole?
At least fifty percent (50%) of the sentence imposed.
210
When can multiple offenses of theft by unlawful taking be treated as a single offense?
If committed within ninety (90) days, the offenses may be combined and treated as a single offense.
211
What is the value of property for it to be classified as a Class B felony?
One million dollars ($1,000,000) or more but less than ten million dollars ($10,000,000).
212
What is required for a person to be guilty of theft by deception?
Obtaining property or services of another by deception with intent to deprive.
213
What does it mean to deceive according to the statute?
Creating or reinforcing a false impression with intent to deprive.
214
What action constitutes deception related to passing a check?
Passing a check for payment knowing it will not be honored by the drawee.
215
When can the term 'deceive' not include falsity?
When matters have no pecuniary significance or statements unlikely to deceive.
216
Define 'Synthetic cannabinoids.'
Chemical compounds structurally related to THC but not approved by the FDA.
217
What is the defining feature of Adamantoylindoles?
Contain a 3-(1-adamantoyl)indole structure with various substitutions.
218
Give examples of compounds in the Adamantoylindoles structural class.
AB-001 and AM-1248.
219
What does 'Synthetic cathinones' encompass?
Chemical compounds structurally derived from 2-aminopropan-1-one with various substitutions.
220
Provide an example of a synthetic cathinone containing a phenyl ring system.
3,4-Methylenedioxycathinone (bk-MDA).
221
Define 'Synthetic drugs.'
Encompasses synthetic cannabinoids, piperazines, and cathinones.
222
Explain the meaning of 'Ultimate user.'
A person who lawfully possesses a controlled substance for personal use.
223
What is the core meaning of 'Traffic' in this context?
Manufacturing, distributing, selling, or possessing controlled substances.
224
What can be asserted as an affirmative defense to a charge under KRS 17.165?
Being a victim of human trafficking.
225
What is not a defense in a prosecution involving commercial sexual activity under KRS 529.180?
Minor's consent, minor's age unawareness, law enforcement involvement, solicitation outcome, victim's charge.
226
What are the conditions that are not considered a defense in a prosecution involving commercial sexual activity?
Minor's age unawareness, minor's consent, law enforcement involvement, unsuccessful solicitation, victim's charge.
227
What is the defense against bigamy as per KRS 530.010?
Being legally eligible to remarry.
228
What constitutes bigamy under KRS 530.010?
Purporting to marry knowing the other party has a spouse or cohabiting after a bigamous marriage.
229
What is the penalty for bigamy according to KRS 530.010?
Class D felony.
230
What relationships are considered incest under KRS 530.020?
Parent, child, grandparent, grandchild, uncle, aunt, nephew, niece, brother, sister, and more.
231
What penalties can be imposed for committing incest under KRS 530.020?
Class C felony, Class B felony, Class A felony - based on circumstances.
232
What constitutes concealing the birth of an infant?
Concealing the corpse of a newborn with the intent to hide its birth.
233
What constitutes the offense of concealing the birth of an infant?
Concealing the corpse of a newborn to conceal its birth fact.
234
What behaviors constitute disorderly conduct in the first degree?
Engaging in disruptive behaviors near a funeral or memorial event.
235
What is the penalty for disorderly conduct in the first degree?
It is considered a Class A misdemeanor.
236
When does disorderly conduct in the second degree occur?
When causing public inconvenience, annoyance, or alarm in a public place.
237
What actions fall under disorderly conduct in the second degree?
Fighting, making unreasonable noise, disobeying orders near emergencies, and creating hazardous conditions.
238
What is the penalty for disorderly conduct in the second degree?
It is classified as a Class B misdemeanor.
239
What constitutes harassment under the law?
Intimidating, annoying, or alarming another person through various actions.
240
What behaviors are considered harassing acts according to the law?
Physical contact, offensive language, following, or repeatedly annoying others.
241
What are the specific harassment actions related to school premises?
Damaging property, disrupting school operations, or creating a hostile environment.
242
What is the punishment for harassment under the law?
It is usually classified as a violation or a Class B misdemeanor.
243
What substances are excluded from the definition of a controlled substance in Kentucky?
Living plants, viable seeds, leaf materials, and floral materials are excluded.
244
When can cannabidiol be transferred, dispensed, or administered as per Kentucky law?
When done pursuant to the written order of a physician practicing at a hospital or associated clinic affiliated with a Kentucky public university.
245
For whom is a drug or substance, other than cannabidiol, approved for use in Kentucky?
For persons participating in a clinical trial or an expanded access program.
246
What types of cannabidiol products are permissible in Kentucky?
Cannabidiol product derived from industrial hemp and for conducting scientific research.
247
What is a medical record as defined in Kentucky law?
A record kept by a practitioner as a result of the practitioner-patient relationship, excluding financial or billing information.
248
What is the meaning of 'methamphetamine' as per Kentucky law?
Any substance containing methamphetamine, its salts, isomers, or salts of isomers.
249
How is 'narcotic drug' defined in Kentucky law?
It includes opium, opium derivatives, coca leaves, cocaine, and compounds with similar properties.
250
What does the term 'opiate' encompass under Kentucky law?
Substances similar to morphine in addictive properties or convertible into such drugs.
251
'Person' is defined as what in Kentucky law?
An individual, corporation, government entity, business trust, or any other legal entity.
252
Who is considered a 'Practitioner' in Kentucky law?
Physicians, dentists, podiatrists, veterinarians, scientific investigators, and authorized optometrists.
253
What constitutes escape in the first degree?
Escaping from a detention facility while charged with a felony.
254
What is the penalty for escape in the second degree?
It is a Class D felony.
255
Define escape in the third degree.
Escaping from custody, punishable as a Class B misdemeanor.
256
What actions lead to promoting contraband in the first degree?
Introducing dangerous contraband into a detention facility or possessing such contraband while confined.
257
What is the penalty for promoting contraband in the first degree?
It is a Class D felony.
258
Describe promoting contraband in the second degree.
Knowingly introducing contraband into a detention facility or possessing it while confined.
259
What is the penalty for promoting contraband in the second degree?
It is a Class A misdemeanor.
260
How is resisting arrest defined?
Intentionally preventing or attempting to prevent a peace officer from effecting an arrest.
261
What is the penalty for resisting arrest?
It is a Class A misdemeanor.
262
When is a person guilty of fleeing or evading police in the first degree?
When knowingly disobeying a police officer's direction to stop under specific conditions.
263
What is hindering prosecution in the second degree?
Assisting a person sought in connection with a criminal offense.
264
Define 'public servant' as per the given text.
Any official, employee, or consultant within a government structure.
265
What constitutes bribery of a public servant?
Offering or accepting a benefit to influence official actions.
266
Explain the defense under bribery of a public servant.
Conferencing a benefit due to extortion or coercion.
267
What is considered a 'benefit' in this context?
Gain or advantage to a beneficiary or third party.
268
What is official misconduct in the first degree?
When a public servant knowingly abuses their office for personal gain or harm.
269
What is the penalty for carrying a concealed weapon if the defendant has a previous felony conviction involving a deadly weapon?
Class D felony
270
When did the defacing of a firearm law become effective?
January 1, 1975
271
What is the penalty for defacing a firearm?
Class A misdemeanor
272
Under what conditions can a convicted felon possess a firearm legally?
After being granted a full pardon by the Governor or the President of the United States.
273
When did the law regarding possession of firearms by convicted felons become applicable to handguns for individuals convicted after?
January 1, 1975
274
What is the penalty for possession of a firearm by a convicted felon involving a handgun?
Class C felony
275
What vehicles are excluded from the definition of 'Vehicle' in KRS 186.020 to 186.260?
Electric low-speed scooters, road rollers, road graders, farm tractors, vehicles on which power shovels are mounted, construction equipment used on construction sites, vehicles exclusively on rails, and vehicles using overhead electric wires within municipalities.
276
Define 'Dealer' as per KRS 186.020 to 186.260.
A person engaged in buying or selling motor vehicles.
277
What is the definition of 'Commercial vehicles' under KRS 186.020 to 186.260?
All motor vehicles required to be registered under KRS 186.050, excluding certain passenger vehicles, motorcycles, pickup trucks not for commercial use, and vehicles under KRS 186.060.
278
Explain the term 'Resident' according to KRS 186.020 to 186.260.
A person establishing Kentucky as their state of domicile. Proof includes deeds, utility bills, rental agreements, or possession of a valid Kentucky operator's license.
279
Define 'Special status individual' in KRS 186.020 to 186.260.
Includes person with 'Asylee', 'K-1 status', 'Refugee', and 'Paroled in the Public Interest' statuses defined in the text.
280
What is referred to as an 'Instruction permit' as per KRS 186.020 to 186.260?
It encompasses both motor vehicle and motorcycle instruction permits.
281
How is a 'Motorcycle' defined in KRS 186.020 to 186.260?
Any motor driven vehicle exceeding 50 mph with a seat.
282
Define 'Parent' under the given document.
Parent is any person having legal custody of a minor as a natural or adoptive parent, legal guardian, in loco parentis, or by court order.
283
What does 'Remain' mean in the context of the document?
Remain refers to staying behind, lingering, tarrying, moving about unnecessarily, or strolling.
284
Explain what 'Allow' entails according to the document.
Allow means either permitting or neglecting to prevent a minor's actions, requiring actual or constructive knowledge on the part of the parent.
285
What time period is specified for minors to stay off public areas in the county?
Minors are not allowed in public places between 12:00 a.m. to 5:00 a.m.
286
In which cases would a minor not be considered in violation of the section prohibiting their presence in public areas during specific hours?
Exceptions include being with a parent, an authorized adult, exercising First Amendment rights, returning from a school activity within an hour, authorized by mayor's regulation, engaged in authorized business, married, or driving through with a license.
287
What are the exceptional cases listed where a minor would not be considered in violation of the public areas restriction?
Exceptions include being with a parent, an authorized adult, exercising First Amendment rights, returning from a school activity within an hour, authorized by mayor's regulation, engaged in authorized business, married, or driving through with a license.
288
What constitutes burglary in the second degree?
Knowingly entering or remaining unlawfully in a dwelling with intent to commit a crime.
289
What is the penalty for burglary in the second degree during a declared emergency within an impacted disaster area?
It becomes a Class B felony.
290
Define burglary in the third degree.
Knowingly entering or remaining unlawfully in a building with intent to commit a crime.
291
What is the penalty for burglary in the third degree during a declared emergency within an impacted disaster area?
It becomes a Class C felony.
292
What constitutes possession of burglar's tools?
Possessing tools adapted for forcible entry or theft under circumstances indicating intent.
293
What is the penalty for possession of burglar's tools?
It is a Class A misdemeanor.
294
Explain criminal trespass in the first degree.
Knowingly entering or remaining unlawfully in a dwelling.
295
What is the penalty for criminal trespass in the first degree during a declared emergency within an impacted disaster area?
It becomes a Class D felony.
296
Describe criminal trespass in the second degree.
Knowingly entering or remaining unlawfully in a building or premises with posted notice.
297
What is the penalty for criminal trespass in the second degree?
It is a Class B misdemeanor.
298
What is the presumption regarding a maker of a check with no account at the drawee upon issuance?
Presumed to know the check wouldn't be paid if drawee had no account.
299
How long does the maker have to make good on a refused check after receiving notice?
Maker must make good within ten (10) days after receiving notice.
300
Under what conditions can a county attorney charge a fee to a maker of a refused check?
A county attorney can charge a fee if the instrument is paid.
301
What offense is committed if a person knowingly issues a bad check in payment of taxes?
Theft by deception.
302
What class of offense is theft by deception unless the amount involved exceeds $1000?
Class B misdemeanor unless value exceeds $1000.
303
When does theft by deception become a Class D felony according to the notes?
Theft by deception is a Class D felony if value exceeds $1000 but less than $10000.
304
What factors should be considered in determining if an object is drug paraphernalia?
Statements concerning use, prior convictions, proximity to violations, proximity to controlled substances, residue, intent to deliver, instructions, descriptive materials, advertising, display manner.
305
What considerations should be made regarding an object's proximity to controlled substances?
Proximity in time and space to a direct violation of related laws.
306
How can an officer handle the situation involving needles or sharp objects during a search?
Offer not to charge if declared, exempt from drug paraphernalia if disclosed prior to search.
307
In which circumstances can a person be exempt from possession charges related to needles or sharp objects?
If disclosed to officer before search, exempt from drug paraphernalia and controlled substance charges.
308
What type of objects are exempt from being considered drug paraphernalia in a pharmacy?
Hypodermic syringes and needles sold without a prescription.
309
Define 'residential treatment facility.'
A facility or group home with more than eight (8) beds for treating children.
310
Explain what 'retain in custody' means regarding children.
It is holding a child by a peace officer for a maximum of twelve (12) hours.
311
What is the 'reasonable and prudent parent standard'?
It has the same meaning as in 42 U.S.C. sec. 675(10).
312
Define 'secure juvenile detention facility.'
Any physically secure facility used for detaining children.
313
What constitutes 'serious physical injury'?
Physical injury with substantial risk of death or serious disfigurement.
314
Define 'school personnel' according to the notes.
Those certified individuals supervised by a local education agency.
315
In the context of these notes, what is a 'social service worker'?
Any cabinet or agency employee designated to provide services.
316
What kind of culpability is required to establish culpability in cases involving wantonness or recklessness?
Wantonness or recklessness suffices to establish culpability.
317
When is the justification for using force upon or toward another person unavailable?
The justification is unavailable when wantonness or recklessness injures or creates a risk of injury to innocent persons.
318
What constitutes criminal attempt to commit a crime according to KRS 506.010?
Engaging in conduct with the required level of culpability for the intended crime.
319
When does conduct constitute a substantial step in criminal attempt under KRS 506.010?
When it leaves no reasonable doubt of the defendant's intention to commit the crime.
320
What must be present for a person to be guilty of criminal attempt in aiding another person to commit a crime?
Conduct intended to aid another person in committing the crime.
321
Under what circumstances is renunciation a defense in a prosecution for criminal attempt?
When there is a voluntary and complete renunciation of the criminal purpose.
322
When is a renunciation not considered voluntary and complete as per KRS 506.020?
When motivated by a belief to avoid apprehension or detection, or to postpone the criminal conduct.
323
What constitutes criminal solicitation according to KRS 506.030?
Commanding or encouraging another person to engage in specific conduct promoting or facilitating a crime.
324
Define 'manufacture' as used in KRS 218A.1431 to 218A.1438 and KRS 218A.141.
Production, preparation, propagation, compounding, conversion, or processing of methamphetamine.
325
What is excluded from the term 'manufacture' as per KRS 218A.1431 to 218A.1438 and KRS 218A.141?
Activities by practitioners for administering, dispensing, research, teaching, or chemical analysis.
326
Define 'methamphetamine' as per KRS 218A.1431 to 218A.1438 and KRS 218A.141.
Any substance containing any quantity of methamphetamine, its salts, isomers, and salts of isomers.
327
What does 'traffic' mean according to KRS 218A.1431 to 218A.1438 and KRS 218A.141?
To distribute, dispense, sell, transfer, or possess methamphetamine with intent to distribute, dispense, or sell.
328
What constitutes 'manufacturing methamphetamine' according to KRS 218A.1432?
Knowingly and unlawfully manufacturing methamphetamine or possessing chemicals or equipment for manufacturing with intent.
329
What are the penalties for the manufacture of methamphetamine according to KRS 218A.1432?
Class B felony for the first offense, Class A felony for a second or subsequent offense.
330
Define 'unlawful possession of a methamphetamine precursor' according to KRS 218A.1437.
Knowingly and unlawfully possessing a drug product with intent to use as a precursor to manufacturing methamphetamine or other controlled substance.
331
What constitutes prima facie evidence of intent in unlawful possession of a methamphetamine precursor as per KRS 218A.1437?
Possession of more than nine grams of specified substances within any thirty-day period.
332
Upon receipt of a report alleging dependency, who must the recipient immediately notify?
The cabinet or its designated representative.
333
For what type of report does the cabinet need not notify local law enforcement unless required?
Reports not involving human trafficking of a child.
334
Who investigates reports of abuse by someone other than a custodial figure?
Local law enforcement agency or the Department of Kentucky State Police and the Commonwealth's or county attorney.
335
Who participates in investigations of noncustodial physical abuse or neglect upon request?
The cabinet or its designated representative.
336
Who is authorized to take a child into protective custody in specific dangerous situations?
Any appropriate law enforcement officer.
337
What steps can be taken if a child in a hospital is in imminent danger if returned to custodian?
Hold the child without court order, request an emergency custody order within seventy-two (72) hours.
338
What is the name given to KRS 507.010 made in 2015 Ky. Acts ch. 64?
Conner's Law
339
What degree felony is Manslaughter in the second degree?
Class C felony
340
When was Manslaughter in the second degree last amended?
June 27, 2019
341
What is the charge for Reckless homicide?
Class D felony
342
What constitutes Vehicular homicide?
Causing death through impaired driving using a motor vehicle.
343
When did Vehicular homicide become a Class B felony?
March 27, 2023
344
What is the statute that defines 'Unborn child' in the context of the chapter?
507A.010 Definitions -- Exceptions
345
What is the exception mentioned for acts causing the death of an unborn child by a health care provider?
Acts committed during abortion with woman's consent or in a medical emergency.
346
What category of homicide is Fetal homicide in the first degree?
Category of 507A.020
347
What constitutes impersonating a public servant under Kentucky law?
Pretending to be a public servant or represent a public agency with intent to induce submission or reliance.
348
What is the penalty for impersonating a public servant, other than a peace officer, in Kentucky?
Class A misdemeanor.
349
What does impersonating a peace officer involve in Kentucky?
Pretending to be a peace officer, represent a law enforcement agency or act with authority.
350
What is the penalty for impersonating a peace officer in Kentucky?
Class D felony.
351
What actions constitute tampering with public records in Kentucky?
Making false entries, altering records, destroying, or refusing to deliver public records.
352
What is the penalty for tampering with public records in Kentucky?
Class D felony.
353
What does tampering with a prisoner monitoring device involve in Kentucky?
Intentionally altering, disabling, tampering with, or damaging a monitoring device.
354
What is the penalty for tampering with a prisoner monitoring device in Kentucky?
Class D felony.
355
What does the term 'contraband' refer to in Chapter 520 of Kentucky law?
Any article or thing a confined person is prohibited from obtaining or possessing.
356
How is 'custody' defined in Chapter 520 of Kentucky law?
Restraint by a public servant due to lawful arrest, detention, or court order.
357
What is possession of gambling records in the first degree?
Possession of gambling records in the first degree is a Class D felony.
358
What is the defense for possession of gambling records in the first degree?
A defense is that the records represented bets of the defendant in a number not exceeding ten (10).
359
What is possession of gambling records in the second degree?
Possession of gambling records in the second degree is a Class A misdemeanor.
360
What is the defense for possession of gambling records in the second degree?
A defense is that the records were not used in illegal schemes and did not exceed ten (10) bets.
361
What constitutes permitting gambling?
Permitting gambling is failing to halt gambling activity on known premises within a reasonable time.
362
What is the penalty for permitting gambling?
Permitting gambling is a Class B misdemeanor.
363
What is possession of a gambling device?
Possession of a gambling device involves knowingly dealing with or having such a device for illegal gambling.
364
What is the penalty for possession of a gambling device?
Possession of a gambling device is a Class A misdemeanor.
365
What does prima facie proof state regarding possession of gambling records or devices?
Prima facie proof indicates possession with knowledge of character or contents.
366
What type of evidence is admissible in proving the occurrence of a sporting event in a gambling offense?
Published reports in newspapers or other periodicals can serve as prima facie evidence.
367
What do the definitions in Chapter 529 refer to?
The definitions apply unless the context requires otherwise.
368
Define 'falsely complete' a written instrument.
To transform an incomplete written instrument into a complete one without authority.
369
Explain 'falsely make' a written instrument.
To make or draw a written instrument falsely as if authorized by the maker.
370
What is the definition of a 'forged instrument'?
A written instrument that has been falsely made, completed, or altered.
371
Define 'slug' in the context of forgery.
An object capable of being used as a substitute in a coin machine.
372
In legal terms, what does 'value of the slug' mean?
It refers to the value of the genuine coin, bill, or token it can substitute.
373
What falls under the definition of 'written instrument'?
Any article containing written or printed matter used for conveying information.
374
What constitutes forgery in the first degree?
Falsely making, completing, or altering valuable written instruments with intent to defraud.
375
Explain forgery in the second degree.
Falsely making, completing, or altering written instruments to defraud or deceive.
376
What class of misdemeanor is criminal possession of a noxious substance?
Class B misdemeanor
377
When did the law for criminal possession of a noxious substance become effective?
January 1, 1975
378
What offense is criminal littering classified as by local governments?
Civil offenses
379
What constitutes criminal littering according to the law?
Dropping injurious material on a highway or throwing litter on public or private property without permission.
380
How far from a public highway should dangerous substances not be thrown as per criminal littering law?
Within fifty (50) feet
381
What are some examples of substances that may not be discharged into public waters as per criminal littering law?
Sewage, minerals, oil products, or litter
382
What is the penalty for unlawful acts relating to acquiring metals if the property loss is under $3,000?
Class B misdemeanor with a fine of $250 or jail time of less than 90 days, or both
383
What is the penalty for unlawful acts relating to acquiring metals if the property loss is $3,000 or more?
Class D felony with a fine of $1,000 to $10,000 or double the gain, or imprisonment for 1 to 5 years, or both
384
How is 'building' defined in Chapter 513.010 of the law?
A structure as defined unless context requires otherwise
385
Define 'benefit' as per the chapter.
Gain or advantage to the beneficiary or a third person.
386
What does 'emergency response' entail?
A response by two or more first responders to a critical incident jeopardizing public safety.
387
Who is considered a 'first responder'?
Includes peace officers, fire personnel, EMS certified individuals, and private emergency service providers.
388
What activities fall under 'governmental function'?
Any activity legally authorized for public servants on behalf of the government.
389
What does 'public record' encompass?
Includes all materials owned by public agencies regardless of physical form.
390
Define 'public servant' under this chapter.
Any public officer, employee, or person performing governmental functions.
391
What constitutes as a Class D felony in the context of the notes?
Assembling with five or more persons to assault a sports official.
392
What is the Class for a first offense of assaulting a sports official?
Class A misdemeanor unless multiple individuals are involved.
393
When did Class A misdemeanor become effective?
January 1, 1975
394
What is the penalty for divulging illegally obtained information?
Class A misdemeanor
395
What is defined as 'divulging illegally obtained information'?
Knowingly using or divulging information obtained through eavesdropping or tampering.
396
In what circumstances is a person not guilty of eavesdropping?
Inadvertently overhearing communication on a telephone party line or acting as an employee of a communications common carrier.
397
What is the exception for communications common carriers regarding monitoring?
Service observing or random monitoring is allowed for mechanical or service quality control checks.
398
When did the definition of 'Carrying concealed deadly weapon' become effective?
January 1, 1975
399
Who is allowed to carry concealed weapons according to Section 527.020?
Peace officers, certified court security officers, United States mail carriers, and more as specified.
400
What does 'Destructive device' refer to in Section 527.010?
It has the same meaning as set forth in KRS 237.030.
401
Define 'Firearm' according to the law.
Any weapon that expels a projectile by explosive action.
402
What are the penalties for unlawful possession of a methamphetamine precursor?
Class D felony for the first offense, Class C felony for subsequent offenses.
403
Define unlawful distribution of a methamphetamine precursor.
Knowingly selling, transferring, or possessing drug products for methamphetamine production.
404
What civil penalties exist for trafficking in methamphetamine precursors?
Liable for damages in a civil action including cleanup costs, prosecution expenses, and punitive damages.
405
Who can bring a civil action against a violator of methamphetamine precursor laws?
Attorney General, Justice and Public Safety Cabinet attorney, any Commonwealth's attorney.
406
How are moneys collected from civil actions distributed?
Court costs, cleanup costs, prosecution expenses, then remaining to the General Fund.
407
What type of felony is it when the property value is $10,000 or more?
Class C felony.
408
What type of felony is it when the property is a firearm, regardless of its value?
Class D felony.
409
What is the offense level if the offense occurs during a declared emergency from a disaster?
One (1) level higher than otherwise specified.
410
What is the consequence for committing two or more offenses of receiving stolen property within 90 days?
The offenses may be combined and treated as a single offense.
411
What is the state of the property that leads to a Class B felony if the person violates the section with the intent to manufacture methamphetamine?
Anhydrous ammonia.
412
What is the penalty level for a subsequent offense of violating that section with the intent to manufacture methamphetamine?
Class A felony.
413
What is a person guilty of under 514.120 for a propelled vehicle with an obscured serial number?
Obscuring the identity of a machine or other property.
414
What is prima facie evidence of knowledge for possessing property with an obscured serial number?
Posession of the property.
415
What qualifies as obscuring the identity of a machine or property under (1)(a)?
Removing, defacing, and altering distinguishing marks.
416
What kind of offenses can be combined and treated as a single offense if committed within 90 days?
Receiving stolen property offenses.
417
Under what circumstances is a medical care facility not criminally liable?
Administering a test requested solely, except for gross negligence or willful misconduct.
418
How long must a person be allowed to attempt to contact an attorney before taking a test?
At least 10 minutes but not more than 15 minutes.
419
Can an attorney be present during the administration of tests?
No, but the person's attorney may be present if they can appear within the specified time.
420
What right does a person have immediately after the final test by the officer?
The right to have a blood test of their choosing at their expense.
421
How long must a person arrested for violating KRS 189A.010 be detained in custody?
At least six (6) hours following the arrest.
422
When does KRS Chapter 202A not apply to a person?
It does not apply to persons under eighteen (18) years of age unless authorized.
423
Where should proceedings for the involuntary hospitalization of mentally ill persons be initiated?
In the District Court of the county where the person to be hospitalized resides.
424
Define 'Performance' as per the notes.
Any play, motion picture, photograph, dance, or visual representation before an audience.
425
What does 'Sexual performance' refer to?
Any performance involving sexual conduct by a minor.
426
What does 'Promote' mean in the context of the notes?
To prepare, publish, print, procure, manufacture, or offer to do the same.
427
What constitutes the use of a minor in a sexual performance?
Employing, consenting to, authorizing, or inducing a minor to engage in sexual performance.
428
What are the different classes of felony for using a minor in a sexual performance based on the minor's age?
Class C if under 18, Class B if under 16, and Class A if physical injury occurs.
429
How is promoting a sexual performance by a minor defined?
Producing, directing, or promoting any performance including sexual conduct by a minor.
430
What are the classes of felony for promoting a sexual performance by a minor based on the minor’s age?
Class C if under 18, Class B if under 16, and Class A if physical injury occurs.
431
What does the presumption as to minority state?
Persons appearing under 18 or 16 are presumed to be under those ages.
432
How can a defendant prove in exculpation that they reasonably believed the minor was not a minor?
By demonstrating good faith and providing competent evidence of their belief.
433
How can the presumption of minority in commercial sexual activity cases be rebutted?
The presumption can be rebutted by presenting any competent evidence.
434
What is the penalty for obscuring the identity of a machine or property valued at $500 or more but less than $10,000?
Class D felony
435
What is the penalty for obscuring the identity of a property valued at $10,000 or more?
Class C felony
436
When can a person be deemed in compliance with the law regarding property certification?
When holding a certification issued pursuant to KRS 500.090
437
What should a person do to avoid violation of certain sections in relation to property?
File an application for assignment of a property number before arrest
438
What constitutes theft of mail matter in accordance with the law?
Stealing, obtaining by fraud, embezzling, concealing, damaging, or destroying of mail matter
439
What personal property may be forfeited upon conviction for a violation under this law?
All property held in violation and any personal property used in the offense
440
What are considered major parts of an automobile for the purposes of forfeiture?
Engine, frame, transmission, front cap, front clip, rear clip, top clip, cowl clip, door, truck bed, truck cab, vehicle body shell
441
What must every peace officer do regarding property subject to forfeiture under this law?
Seize any property subject to forfeiture
442
What constitutes criminal gang recruitment in the first degree?
Soliciting or enticing anyone under 15 to join a gang and requiring a crime.
443
What are the penalties for criminal gang recruitment in the first degree?
Class C felony for the first offense, Class B felony for subsequent offenses.
444
When does criminal gang recruitment in the second degree occur?
When an individual over 18 entices or solicits someone to join a gang.
445
What are the consequences for criminal gang recruitment in the second degree?
Class D felony for the first offense, Class C felony for subsequent offenses.
446
Describe criminal gang recruitment in the third degree.
When a person under 18 encourages or solicits another to join a gang.
447
What are the penalties for criminal gang recruitment in the third degree?
Class A misdemeanor for the first offense, Class D felony for subsequent offenses.
448
What actions do not serve as defenses for criminal gang activities?
Various signs, symbols, rituals, or affiliations associated with gang membership.
449
Under what circumstances does subsection (1) of the section not apply?
If the person against whom defensive force is used has the right to be in the dwelling.
450
Who has no duty to retreat and can stand their ground if attacked elsewhere?
A person who is not engaged in unlawful activity where they have a right to be.
451
When is the use of physical force by a defendant not justifiable?
When resisting an arrest by a peace officer using necessary force or provoking physical force.
452
Under what circumstances can a defendant use physical force if initially the aggressor?
If initial force was nondeadly and return force is believed to pose imminent danger.
453
In what scenario is the use of physical force justifiable for protecting another person?
When a defendant believes it's necessary to protect a third person from imminent harm.
454
What is criminal mischief in the second degree according to 512.030?
Causing pecuniary loss of $500 - $1,000 to property without right.
455
Under what circumstances does criminal mischief in the second degree become a Class D felony?
During a declared emergency arising from a natural or man-made disaster.
456
Define criminal mischief in the third degree as per 512.040.
Defacing, destroying, or damaging property causing pecuniary loss < $500.
457
When does criminal mischief in the third degree elevate to a Class A misdemeanor?
During a declared emergency arising from a natural or man-made disaster.
458
What constitutes criminal use of a noxious substance according to 512.050?
Unlawful deposit of irritants on another's property to interfere with its use.
459
What is the penalty for criminal possession of a noxious substance under 512.060?
It is a Class B misdemeanor.
460
What are the three circumstances under which a person can be considered an actor in a theft?
(a) Unaware that the property belonged to another, (b) Acted under a claim of right, (c) Took property intending to purchase.
461
When is theft from one's spouse considered a defense for theft?
Theft from a spouse is not a defense except when misappropriating household items after ceasing to live together.
462
What is considered prima facie evidence of intent to commit theft by deception regarding leased personal property?
Failure to return leased property within 10 days, or presenting false identification for the lease.
463
What is theft by unlawful taking or disposition, as defined in the notes?
Unlawfully taking or controlling movable property with the intent to deprive the owner of it.
464
What are the penalties for theft by unlawful taking or disposition depending on the value or type of property stolen?
Penalties range from Class A misdemeanor to Class A felony based on the value/type of property.
465
What is the penalty for selling controlled substances to a minor?
Class C felony for a first offense, Class B felony for subsequent offenses.
466
What penalty applies if a more severe penalty for trafficking in controlled substances is applicable?
The higher penalty shall apply.
467
What are the penalties for criminal conspiracy to commit offenses in KRS Chapter 218A?
Subject to the same penalties as provided for the underlying offense.
468
What is the penalty for trafficking in any controlled substance except as authorized by law?
Class D felony for the first offense, Class C felony for subsequent offenses.
469
What penalty applies for violating subsections (1) or (3) of the prohibited activities relating to controlled substances?
Class D felony for the first offense, Class C felony for subsequent offenses.
470
What penalty applies for possessing any controlled substance except as authorized by law?
Class A misdemeanor.
471
Define trafficking in a controlled substance in the first degree.
Knowingly and unlawfully trafficking specified quantities of various controlled substances.
472
What substances fall under trafficking in the first degree according to subsection 1?
Cocaine, methamphetamine, narcotic drugs, and specified substances.
473
What is the penalty for trafficking specified substances in the first degree?
Class C felony for the first offense, Class B felony for subsequent offenses.
474
Define 'Something of value' as per the statute.
Any money, property, token, object, article exchangeable for money, or service privilege.
475
What does 'Something of value' not include?
Award of extended play as a prize for playing a game for a charge.
476
What constitutes use of a weapon of mass destruction in the first degree?
Intentionally placing a weapon, resulting in death or serious injury without lawful authority.
477
When is the use of a weapon of mass destruction in the first degree considered lawful?
When used with the written permission of a relevant authority.
478
What is the penalty for use of a weapon of mass destruction in the first degree?
Class A felony if no deaths, capital offense if someone is killed.
479
Under what conditions is a person guilty of use of a weapon of mass destruction in the second degree?
Intentionally placing a weapon resulting in injury without lawful authority.
480
Where can a weapon of mass destruction be placed for it to be considered use in the second degree?
On the property of a public or private elementary or secondary school.
481
When did the Act become effective?
July 1, 1982.
482
What are the criteria for involuntary hospitalization as per Section 202A.026?
Must present a danger to self, family, or others; can benefit from treatment; hospitalization is the least restrictive treatment.
483
What is the maximum period a person can be ordered hospitalized under 202A.028?
Seventy-two (72) hours, excluding weekends and holidays.
484
Who can order hospitalization of a person under 202A.028?
A judge following an examination by a qualified mental health professional.
485
Who is responsible for transporting a person to the hospital under 202A.028?
The sheriff of the person's home county or other peace officer as ordered by the court.
486
How are transportation costs of a patient paid under 202A.028?
The cabinet pays as per an administrative regulation promulgated pursuant to KRS Chapter 13A.
487
What is the maximum number of free games allowed on a pinball machine?
Thirty (30) free games.
488
How are accumulated free games discharged from a pinball machine?
By reactivating the playing mechanism once for each game released.
489
What makes a pinball machine a gambling device?
If money, tokens, merchandise, or property are given for scores, combinations, or free games.
490
Give an example of devices exempted from being gambling machines.
Devices used in e-sports competitions or skill-based contests.
491
Define 'Lottery and gift enterprise'.
A gambling scheme where players pay for chances with winners determined by chance.
492
What is meant by 'Mutuel' or 'the numbers games'?
A form of lottery where winning chances are based on future contingent events.
493
Who is considered a 'player' in gambling activities?
A person who participates in gambling as a contestant or bettor, not profiting from it.
494
What does 'Simulated gambling program' refer to?
Any method through which a person may receive money or property based on chance.
495
Define 'Skill-based contest'.
A competitive event where the ultimate winner is determined by skill.
496
When was KRS 510.037 created?
KRS 510.037 was created in 2015 by Ky. Acts ch. 102, sec. 47.
497
What triggers an application for an interpersonal protective order under KRS 510.037?
A conviction for rape, sodomy, sexual abuse, or related crimes triggers an application.
498
Under KRS 510.037, how long can the interpersonal protective order be effective for?
The order may be effective for up to ten (10) years, with possible renewals.
499
What changes occurred to KRS 510.037 in 2021?
KRS 510.037 was amended in 2021 by Ky. Acts ch. 175, sec. 2.
500
Define rape in the first degree under KRS 510.040.
Rape in the first degree includes forcible intercourse or with a mentally helpless person.
