KRS & RCO Flashcards
Define ‘intentionally’ in the context of criminal liability.
Acting purposely or with the conscious objective to engage in the conduct.
Explain ‘knowingly’ as a culpable mental state in criminal offenses.
Being aware of and consciously disregarding a substantial and unjustifiable risk.
How is ‘wanton’ behavior defined regarding criminal offenses?
Consciously disregarding a substantial and unjustifiable risk, constituting a gross deviation.
What does ‘recklessly’ mean in the context of criminal acts?
Failing to perceive a substantial and unjustifiable risk, constituting a gross deviation.
When is a person not guilty of a criminal offense?
When he engages in conduct voluntarily, meets mental state requirements, and is physically capable.
Explain the term ‘culpability’ as related to criminal statutes.
Even if not expressly designated, a culpable mental state may be required if conduct necessitates it.
What is ‘absolute liability’ in the context of criminal offenses?
A person can be guilty of an offense without the specific mental states if certain criteria are met.
Define ‘offense against a vulnerable victim’ in criminal law.
It includes various violations against vulnerable individuals, such as minors or those with disabilities.
What constitutes tampering with a witness?
Inducing a witness to avoid testifying or influencing their testimony.
What is considered retaliating against a participant in the legal process?
Engaging in conduct intending to cause harm or damage.
What are the various actions that can be classified as tampering with a witness?
Inducing absence, making false statements, or practicing deceit.
What is the penalty for intimidating a participant in the legal process?
It is considered a Class D felony.
How does the law define intimidating a participant in the legal process?
By hindering, delaying, or preventing communication of relevant information.
When can a person be convicted of tampering with a witness?
If the act is related to the role played by the witness.
What actions are involved in tampering with a witness according to the law?
Inducing absence or influencing the witness’s testimony.
What constitutes unauthorized use of an automobile?
Operating, controlling, or using a vehicle without the owner’s consent.
What offense does theft of labor already rendered result in?
Theft of labor already rendered can result in various classes of misdemeanor or felony charges.
What is the consequence of committing two or more theft of labor offenses within 90 days?
The offenses may be combined, treated as a single offense, and the values aggregated for charging.
What constitutes receiving stolen property?
Receiving, retaining, or disposing of movable property known or believed to be stolen.
Define ‘forced labor or services’.
Labor obtained through force, fraud, or coercion from another person.
What constitutes ‘advancing prostitution’?
Causing or aiding prostitution, procuring patrons, providing premises, or engaging in related conduct.
Explain the term ‘commercial sexual activity’.
Includes sex acts involving anything of value, production of obscene material, or sexually explicit performances.
What is meant by ‘debt bondage’?
Debtor pledges personal services or others’ services as security for a debt.
Define ‘force, fraud, or coercion’.
Includes harm, abuse of law, controlling access to substances, destroying documents, etc.
What does ‘human trafficking’ involve?
Forced labor, commercial sexual activity through force, fraud, or coercion.
What is ‘profiting from prostitution’?
Accepting money or property from proceeds of prostitution activity.
Explain ‘serious harm’ in human trafficking.
Serious harm, physical or nonphysical, that compels someone into commercial sexual activity.
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.
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.
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.
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.
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.
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.
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.
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.
Define ‘Staff secure facility for residential treatment’.
A setting where all entrances and exits are controlled by facility staff for children’s treatment.
List the categories of status offenses mentioned in the notes.
Beyond the control of school or parents, habitual runaway, habitual truant, alcohol offenses.
What is the term ‘Take into custody’ referring to?
The procedure where a peace officer or authorized person assumes initial custody of a child.
Explain what ‘Transition plan’ entails according to the notes.
A personalized plan for youth including housing, health insurance, education, mentors, and employment support.
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.
Define a ‘Violation’ as per the course notes.
Any offense (excluding traffic infractions) punishable with only a fine.
What is the purpose of a ‘Youth alternative center’?
A nonsecure facility for juvenile detention approved by the Department of Juvenile Justice.
Who is considered a ‘Youthful offender’ based on the given text?
Any individual of any age transferred to Circuit Court and subsequently convicted.
What offense is defined under KRS 510.140?
Sexual misconduct.
What is the penalty for sexual misconduct as per the notes?
Sexual misconduct is a Class A misdemeanor.
Define indecent exposure in the first degree.
Intentional exposure of genitals likely to cause affront or alarm to a person under 18.
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.
What constitutes indecent exposure in the second degree?
Intentional exposure of genitals likely to cause affront or alarm to a person 18 or older.
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.
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.
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.
What does ‘agency’ refer to in the text?
An organization responsible for various purposes like incident command.
When was the chapter last amended?
2020.
Define ‘Litter’ according to the notes.
It encompasses various types of waste or foreign substances.
What is the penalty for criminal mischief in the first degree?
Class C or D felony depending on the circumstances.
Explain the definition of ‘Noxious substance’.
A substance capable of emitting offensive fumes, gases, or vapors.
What entities are permitted to operate an unmanned aircraft system?
Emergency management agencies, commercial operators with FAA authorization, etc.
When was the statute regarding criminal mischief last amended?
2022.
What is the pecuniary loss threshold for criminal mischief in the first degree?
$1,000 or more.
Define ‘Property’ as per the chapter definitions.
Includes livestock and poultry.
Under what circumstances does criminal mischief become a Class C felony?
During a declared emergency arising from a disaster.
Define ‘motorcycle’ as per the notes.
A vehicle operated by an operator, travels on not more than three wheels, including enclosures.
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.
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.
What is meant by ‘multiple-vehicle driving range’ according to the notes?
An enclosed area for driver training with several vehicles under supervision.
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.
Define ‘livestock’ based on the course notes.
Animals such as cattle, sheep, goats, horses, and others of specific species.
What is the definition of ‘identity document’ as per the notes?
Includes permits, licenses, IDs issued under specific regulations or commercial driver’s license.
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.
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.
Define obstructing governmental operations.
Intentionally obstructing, impairing, or hindering governmental function with violence or force.
What are the exceptions to the section on obstructing governmental operations?
Avoiding compliance without interference; obstructing unlawful action by public servant; hindering an arrest.
What is the penalty for obstructing governmental operations?
Class A misdemeanor.
Define compounding a crime.
Refraining from prosecution in exchange for benefit, or offering benefit for refraining.
What is a defense in a prosecution for compounding a crime?
That the benefit was believed to be restitution or indemnification for harm caused.
What is the penalty for compounding a crime?
Class A misdemeanor.
What constitutes falsely reporting an incident?
Knowingly causing false alarms or reports, giving false information to law enforcement.
What are the penalties for falsely reporting an incident?
Class A misdemeanor for certain cases, Class D felony for others.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Where is it not authorized to carry a concealed deadly weapon in Kentucky?
In a detention facility without permission from warden or jailer.
What location is exempt from the definition of a detention facility in Kentucky?
Courtrooms, facilities, or premises used by the Court of Justice.
Under what circumstance is a firearm not considered concealed in Kentucky?
When stored in an enclosed compartment in a vehicle, even if not locked.
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.
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.
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.
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.
What is the penalty for promoting gambling in the first degree in Kentucky?
It is classified as a Class D felony.
Define promoting gambling in the second degree in Kentucky.
Advancing or profiting from unlawful gambling activity without meeting first-degree criteria.
What is the punishment for promoting gambling in the second degree under Kentucky law?
It is considered a Class A misdemeanor.
How is conspiracy to promote gambling defined in Kentucky statutes?
Conspiring to advance or profit from gambling activities.
What is the legal classification for conspiracy to promote gambling in Kentucky?
It is a Class D felony.
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.
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.
When was 525.080 (Harassing communications) created?
Created in 1974 by Ky. Acts ch. 406, sec. 217, effective January 1, 1975.
What are the actions categorized under harassing communications in subsection (1)?
Communicating to intimidate, harass, annoy, alarm by various means without legitimate purpose.
What is the penalty for harassing communications?
Harassing communications is a Class B misdemeanor.
When was harassing communications last amended?
Amended in 2016 by 2016 Ky. Acts ch. 99, sec. 1, effective July 15, 2016.
When was 525.090 (Loitering) created?
Created in 1974 by Ky. Acts ch. 406, sec. 218, effective January 1, 1975.
What activities are considered loitering under subsection (1) of 525.090?
Remaining for gambling, drug use, unauthorized presence, or unauthorized solicitation.
What is the punishment for loitering?
Loitering is a violation offense.
When was loitering last amended?
Amended in 2023 by 2023 Ky. Acts ch. 147, sec. 19, effective June 29, 2023.
When was 525.100 (Public intoxication) proposed?
Proposed in 1974 by Ky. Acts ch. 406, sec. 220, effective January 1, 1975.
What constitutes public intoxication under subsection (1) of 525.100?
Being visibly under the influence of substances endangering self or others.
What penalty is associated with public intoxication?
Public intoxication is a Class B misdemeanor.
When was public intoxication last amended?
Amended in 1986 by 1986 Ky. Acts ch. 336, sec. 9, effective July 1, 1986.
What offense is described under KRS 218A.1441?
Controlled substance endangerment to a child in the first degree.
What is the penalty for controlled substance endangerment to a child in the first degree?
It is a Class A felony.
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.
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.
What is the penalty for controlled substance endangerment to a child in the second degree?
It is a Class B felony.
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.
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.
What is the penalty for controlled substance endangerment to a child in the third degree?
It is a Class C felony.
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.
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.
What is a defense when the commission of a crime is prevented by voluntary renunciation?
Voluntary and complete renunciation of the criminal purpose.
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.
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.
In what circumstances can a defendant not be convicted of conspiracy?
If all co-conspirators have been acquitted or discharged.
What constitutes criminal facilitation?
Engaging in conduct knowingly providing means for another person to commit a crime.
What are the different classes of crimes based on the crime facilitated in criminal facilitation?
Class D felony, Class A misdemeanor, Class B misdemeanor.
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.
Which subsection of the section does not apply to specific devices?
(4) Subsection (2)
What are some purposes for which vehicle tracking devices are exempt from the subsection?
Providing mechanical, operational, directional, navigation, weather, or traffic information
When did the law outlined in the text become effective?
June 29, 2023
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
Who can use a tracking device while performing police duties?
A police officer
What happens if a guilty verdict is reached for specific offenses before January 1, 2016?
It operates as an application for a restraining order.
From January 1, 2016, what does a guilty verdict for specific offenses operate as?
An application for an interpersonal protective order.
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.
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.
What is the definition of desecration of venerated objects in the first degree?
Intentionally excavating or disinterring human remains for commercial exploitation.
What is the penalty for desecration of venerated objects in the first degree?
Class C felony.
What is the effective date for desecration of venerated objects in the first degree?
July 15, 2002.
What constitutes desecration of venerated objects in the second degree?
Desecrating public monuments, national or state flags in a public place.
What is the penalty for desecration of venerated objects in the second degree?
Class A misdemeanor.
What is the effective date for desecration of venerated objects in the second degree?
July 14, 1992.
What is institutional vandalism according to the notes?
Knowingly vandalizing objects due to race, color, religion, or national origin.
What is the penalty for institutional vandalism?
Class D felony.
When was institutional vandalism created?
In 1998 from Kentucky Acts chapter 606.
What actions constitute violating graves?
Intentionally mutilating, removing, or damaging cemetery structures or graves.
What is the penalty for violating graves?
Class D felony.
What is required of the defendant in a violating graves case as per the notes?
Restore the cemetery to its pre-damage condition.
What is abuse of a corpse as per the course notes?
Intentionally treating a corpse in a manner that would outrage family sensibilities.
What penalty is associated with abuse of a corpse?
Class D felony.
When was the amendment related to abuse of a corpse enacted?
June 27, 2019.
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.
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.
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.
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.
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.
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.
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.
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.
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.
What does ‘conduct’ encompass?
Masturbation, homosexuality, lesbianism, bestiality, sexual intercourse, deviant sexual intercourse, or physical contact with genitals for sexual stimulation.
What constitutes distribution of obscene matter?
Sending, bringing, preparing, publishing, printing, exhibiting, distributing, offering to distribute, or having obscene matter with intent to distribute.
What is the penalty for distribution of obscene matter?
Class B misdemeanor, unless possessing more than one unit, then Class A misdemeanor.
What actions classify distribution of obscene matter to minors?
Sending, exhibiting, distributing, or offering to distribute obscene material to a minor.
What is the penalty for distribution of obscene material to minors?
Class A misdemeanor, unless prior conviction makes it a Class D felony.
What is defined as voyeurism?
Intentionally observing sexual conduct or genitals of another without consent using devices or unaided eye.
What actions classify using minors to distribute obscene material?
Hiring, employing, or using a minor to perform acts prohibited by KRS 531.020.
What is the penalty for using minors to distribute obscene material?
Class A misdemeanor, unless prior conviction makes it a Class D felony.
Define ‘Heroin’.
A substance containing any quantity of heroin, or any of its salts, isomers, or salts of isomers.
What is the definition of an ‘Immediate precursor’?
A substance used in manufacture of a controlled substance to prevent, curtail, or limit manufacture.
Explain the term ‘Intent to manufacture’.
It refers to any evidence showing a person’s conscious objective to manufacture a controlled substance or methamphetamine.
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.
Define ‘Manufacture’ as per the notes.
It means production, preparation, or processing of a controlled substance directly or indirectly, excluding certain specific activities.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Who can withdraw blood for testing under this section?
Physician, registered nurse, phlebotomist, medical technician, or medical technologist.
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.
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.
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.
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.
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.
What happens if a person refuses to submit to tests under KRS 189A.103?
It results in the suspension of his or her driving.
What is the structural class containing a 3-(1-tetramethylcyclopropoyl)indole structure?
Synthetic cannabinoids
Give examples of compounds in the structural class of 3-(1-tetramethylcyclopropoyl)indole structure.
UR-144 and XLR-11
What is the definition of ‘synthetic cathinones’?
Chemical compounds derived from 2-aminopropan-1-one with specific substitutions.
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)
