BRENDAN MCLEOD - ATTORNEY AT LAW SELECT STATUTES

This is an unofficial posting of the Kentucky Revised Statutes.  No guarantee they are current.

Assault, Wanton Endangerment, Terroristic Threatening Menacing and Harassment  : Louisville, Kentucky

Kentucky Revised Statutes:  508.010 ASSAULT IN THE FIRST DEGREE

(1) A person is guilty of assault in the first degree when:   (a) He intentionally causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument; or  (b) Under circumstances manifesting extreme indifference to the value of human life he wantonly engages in conduct which creates a grave risk of death to another and thereby causes serious physical injury to another person. 

(2) Assault in the first degree is a Class B felony.  

Kentucky Revised Statutes: 508.020 ASSAULT IN THE SECOND DEGREE

(1) A person is guilty of assault in the second degree when:   (a) He intentionally causes serious physical injury to another person; or  (b) He intentionally causes physical injury to another person by means of a deadly weapon or a dangerous instrument; or  (c) He wantonly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument. 

(2) Assault in the second degree is a Class C felony.

Kentucky Revised Statutes: 508.025 ASSAULT IN THE THIRD DEGREE

(1) A person is guilty of assault in the third degree when the actor:  (a) Recklessly, with a deadly weapon or dangerous instrument, or intentionally causes or attempts to cause physical injury to:   1. A state, county, city, or federal peace officer;   2. An employee of a detention facility, or state residential treatment facility or state staff secure facility for residential treatment which provides for the care, treatment, or detention of a juvenile charged with     or adjudicated delinquent because of a public offense or as a youthful offender;   3. An employee of the Department for Community Based Services employed as a social worker to provide direct client services, if the event occurs while the worker is performing job-related duties;   4. A probation and parole officer;   5. A transportation officer appointed by a county fiscal court or legislative body of a consolidated local government, urban-county government, or charter government to transport inmates when the county jail or county correctional facility is closed while the transportation officer is performing job-related duties;   6. A public or private elementary or secondary school or school district classified or certified employee, school bus driver, or other school employee acting in the course and scope of the employee's employment; or   7. A public or private elementary or secondary school or school district volunteer acting in the course and scope of that person's volunteer service for the school or school district; or  (b) Being a person confined in a detention facility, or state residential treatment facility or state staff secure facility for residential treatment which provides for the care, treatment, or detention of a juvenile charged with or adjudicated delinquent because of a public offense or as a youthful offender, inflicts physical injury upon or throws or causes feces, or urine, or other bodily fluid to be thrown upon an employee of the facility.

(2) Assault in the third degree is a Class D felony. 

Kentucky Revised Statutes: 508.030 ASSAULT IN THE FOURTH DEGREE 

(1) A person is guilty of assault in the fourth degree when:  (a) He intentionally or wantonly causes physical injury to another person; or  (b) With recklessness he causes physical injury to another person by means of a deadly weapon or a dangerous instrument.

(2) Assault in the fourth degree is a Class A misdemeanor.

Kentucky Revised Statutes: 508.032 ASSAULT OF FAMILY MEMBER OR MEMBER OF AN UNMARRIED COUPLE; ENHANCEMENT OF PENALTY 

(1) If a person commits a third or subsequent offense of assault in the fourth degree under KRS 508.030 within five (5) years, and the relationship between the perpetrator and the victim in each of the offenses meets the definition of family member or member of an unmarried couple, as defined in KRS 403.720, then the person may be convicted of a Class D felony. If the Commonwealth desires to utilize the provisions of this section, the Commonwealth shall indict the defendant and the case shall be tried in the Circuit Court as a felony case. The jury, or judge if the trial is without a jury, may decline to assess a felony penalty in a case under this section and  may convict the defendant of a misdemeanor. The victim in the second or subsequent offense is not required to be the same person who was assaulted in the prior offenses in order for the provisions of this section to apply. 

(2) In determining the five (5) year period under this section, the period shall be measured from the dates on which the offenses occurred for which the judgments of conviction were entered by a court of competent jurisdiction.

Kentucky Revised Statutes: 508.040 ASSAULT UNDER EXTREME EMOTIONAL DISTURBANCE 

(1) In any prosecution under KRS 508.010, 508.020 or 508.030 in which intentionally causing physical injury or serious physical injury is an element of the offense, the defendant may establish in mitigation that he acted under the influence of extreme emotional disturbance, as defined in subsection (1)(a) of KRS 507.020.

(2) An assault committed under the influence of extreme emotional disturbance is: 

  (a) A Class D felony when it would constitute an assault in the first degree    or an assault in the second degree if not committed under the influence of an extreme emotional disturbance; or

  (b) A Class B misdemeanor when it would constitute an assault in the fourth degree if not committed under the influence of an extreme emotional disturbance. 

Kentucky Revised Statutes: 508.050 MENACING

(1) A person is guilty of menacing when he intentionally places another person in reasonable apprehension of imminent physical injury. 

(2) Menacing is a Class B misdemeanor.

Kentucky Revised Statutes: 508.060 WANTON ENDANGERMENT IN THE FIRST DEGREE

(1) A person is guilty of wanton endangerment in the first degree when, under circumstances manifesting extreme indifference to the value of human life, he wantonly engages in conduct which creates a substantial danger of death or serious physical injury to another person.

(2) Wanton endangerment in the first degree is a Class D felony.

Kentucky Revised Statutes: 508.070 WANTON ENDANGERMENT IN THE SECOND DEGREE 

(1) A person is guilty of wanton endangerment in the second degree when he wantonly engages in conduct which creates a substantial danger of physical injury to another person. 

(2) Wanton endangerment in the second degree is a Class A misdemeanor. 

Kentucky Revised Statutes: 508.075 TERRORISTIC THREATENING IN THE FIRST DEGREE 

(1) A person is guilty of terroristic threatening in the first degree when he or she:  (a) Intentionally makes false statements that he or she or another person has placed a weapon of mass destruction on:   1. The real property or any building of any public or private elementary or secondary school, vocational school, or institution of postsecondary education;   2. A school bus or other vehicle owned, operated, or leased by a school;   3. The real property or any building public or private that is the site of an official school-sanctioned function; or   4. The real property or any building owned or leased by a government agency; or  (b) Intentionally and without lawful authority, places a counterfeit weapon of mass destruction at any location or on any object specified in paragraph (a) of this subsection.

(2) A counterfeit weapon of mass destruction is placed with lawful authority if it is placed, with the written permission of the chief officer of the school or other institution, as a part of an official training exercise and is placed by a public servant, as defined in KRS 522.010. 

(3) A person is not guilty of commission of an offense under this section if he or she, innocently and believing the information to be true, communicates a threat made by another person to school personnel, a peace officer, a law  enforcement agency, a public agency involved in emergency response, or a public safety answering point and identifies the person from whom the threat was communicated, if known. 

(4) Terroristic threatening in the first degree is a Class C felony.

Kentucky Revised Statutes: 508.078 TERRORISTIC THREATENING IN THE SECOND DEGREE 

(1) A person is guilty of terroristic threatening in the second degree when, other than as provided in KRS 508.075, he or she intentionally:  (a) With respect to a school function, threatens to commit any act likely to result in death or serious physical injury to any student group, teacher, volunteer worker, or employee of a public or private elementary or secondary school, vocational school, or institution of postsecondary education, or to any other person reasonably expected to lawfully be on school property or at a school-sanctioned activity, if the threat is related to their employment by a school, or work or attendance at school, or a school function. A threat    directed at a person or persons or at a school does not need to identify a specific person or persons or school in order for a violation of this section to occur;  (b) Makes false statements that he or she has placed a weapon of mass destruction at any location other than one specified in KRS 508.075; or  (c) Without lawful authority places a counterfeit weapon of mass destruction at any location other than one specified in KRS 508.075. 

(2) A counterfeit weapon of mass destruction is placed with lawful authority if it is placed as part of an official training exercise by a public servant, as defined in KRS 522.010. 

(3) A person is not guilty of commission of an offense under this section if he or she, innocently and believing the information to be true, communicates a threat made by another person to school personnel, a peace officer, a law enforcement agency, a public agency involved in emergency response, or a public safety answering point and identifies the person from whom the threat was communicated, if known.

(4) Terroristic threatening in the second degree is a Class D felony.

Kentucky Revised Statutes: 508.080 TERRORISTIC THREATENING IN THE THIRD DEGREE 

(1) Except as provided in KRS 508.075 or 508.078, a person is guilty of terroristic threatening in the third degree when:  (a) He threatens to commit any crime likely to result in death or serious physical injury to another person or likely to result in substantial property damage to another person; or  (b) He intentionally makes false statements for the purpose of causing evacuation of a building, place of assembly, or facility of public transportation. 

(2) Terroristic threatening in the third degree is a Class A misdemeanor.

Kentucky Revised Statutes: 508.090 DEFINITIONS FOR KRS 508.100 TO 508.120 

The following definitions apply in KRS 508.100 to 508.120 unless the context otherwise requires: 

(1) "Abuse" means the infliction of physical pain, injury, or mental injury, or the deprivation of services by a person which are necessary to maintain the health and welfare of a person, or a situation in which an adult, living alone, is unable to provide or obtain for himself the services which are necessary to maintain his health or welfare.

(2) "Physically helpless" and "mentally helpless" means a person who lacks  substantial capacity to defend himself or solicit protection from law enforcement agencies.

 Kentucky Revised Statutes: 508.100 CRIMINAL ABUSE IN THE FIRST DEGREE 

(1) A person is guilty of criminal abuse in the first degree when he intentionally abuses another person or permits another person of whom he has actual custody to be abused and thereby:  (a) Causes serious physical injury; or  (b) Places him in a situation that may cause him serious physical injury; or  (c) Causes torture, cruel confinement or cruel punishment;  to a person twelve (12) years of age or less, or who is physically helpless or mentally helpless.

(2) Criminal abuse in the first degree is a Class C felony.

Kentucky Revised Statutes: 508.110 CRIMINAL ABUSE IN THE SECOND DEGREE 

(1) A person is guilty of criminal abuse in the second degree when he wantonly abuses another person or permits another person of whom he has actual custody to be abused and thereby:  (a) Causes serious physical injury; or (b) Places him in a situation that may cause him serious physical injury; or  (c) Causes torture, cruel confinement or cruel punishment;  to a person twelve (12) years of age or less, or who is physically helpless or mentally helpless. 

(2) Criminal abuse in the second degree is a Class D felony.

Kentucky Revised Statutes: 508.120 CRIMINAL ABUSE IN THE THIRD DEGREE 

(1) A person is guilty of criminal abuse in the third degree when he recklessly abuses another person or permits another person of whom he has actual custody to be abused and thereby:  (a) Causes serious physical injury; or   (b) Places him in a situation that may cause him serious physical injury; or  (c) Causes torture, cruel confinement or cruel punishment;  to a person twelve (12) years of age or less, or who is physically helpless or mentally helpless.

(2) Criminal abuse in the third degree is a Class A misdemeanor.

Kentucky Revised Statutes: 508.130 DEFINITIONS FOR KRS 508.130 TO 508.150 

As used in KRS 508.130 to 508.150, unless the context requires otherwise:

(1) (a) To "stalk" means to engage in an intentional course of conduct:   1. Directed at a specific person or persons;   2. Which seriously alarms, annoys, intimidates, or harasses the person or persons; and   3. Which serves no legitimate purpose.  (b) The course of conduct shall be that which would cause a reasonable person to suffer substantial mental distress.

(2) "Course of conduct" means a pattern of conduct composed of two (2) or more acts, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of "course of conduct." If the defendant claims that he was engaged in constitutionally protected activity, the court shall determine the validity of that claim as a matter of law and, if found valid, shall exclude that activity from evidence. 

(3) "Protective order" means:  (a) An emergency protective order or domestic violence order issued under  KRS 403.715 to 403.785;  (b) A foreign protective order, as defined in KRS 403.7521(1);  (c) An order issued under KRS 431.064;  (d) A restraining order issued in accordance with KRS 508.155; and  (e) Any condition of a bond, conditional release, probation, parole, or pretrial diversion order designed to protect the victim from the offender.

Kentucky Revised Statutes: 508.140 STALKING IN THE FIRST DEGREE 

(1) A person is guilty of stalking in the first degree,  (a) When he intentionally:   1. Stalks another person; and   2. Makes an explicit or implicit threat with the intent to place that person in reasonable fear of: 

    a. Sexual contact as defined in KRS 510.010;    b. Serious physical injury; or    c. Death; and  (b) 1. A protective order has been issued by the court to protect the same victim or victims and the defendant has been served with the summons or order or has been given actual notice; or 

   2. A criminal complaint is currently pending with a court, law enforcement agency, or prosecutor by the same victim or victims and the defendant has been served with a summons or warrant or has been given actual notice; or 

   3. The defendant has been convicted of or pled guilty within the previous five (5) years to a felony or to a Class A misdemeanor against the same victim or victims; or

   4. The act or acts were committed while the defendant had a deadly weapon on or about his person.

(2) Stalking in the first degree is a Class D felony.

Kentucky Revised Statutes: 508.150 STALKING IN THE SECOND DEGREE

(1) A person is guilty of stalking in the second degree when he intentionally:  (a) Stalks another person; and  (b) Makes an explicit or implicit threat with the intent to place that person in reasonable fear of:   1. Sexual contact as defined in KRS 510.010;   2. Physical injury; or   3. Death.

(2) Stalking in the second degree is a Class A misdemeanor.

Kentucky Revised Statutes: 508.155 RESTRAINING ORDER UPON VIOLATION OF KRS 508.140 OR 508.150 

(1) A verdict of guilty or a plea of guilty to KRS 508.140 or 508.150 shall operate as an application for a restraining order limiting the contact of the defendant and the victim who was stalked, unless the victim requests otherwise. 

(2) The court shall give the defendant notice of his or her right to request a hearing on the application for a restraining order. If the defendant waives his or her right to a hearing on this matter, then the court may issue the restraining order without a hearing.

(3) If the defendant requests a hearing, it shall be held at the time of the verdict or plea of guilty, unless the victim or defendant requests otherwise. The hearing shall be held in the court where the verdict or plea of guilty was entered.

(4) A restraining order may grant the following specific relief:  (a) An order restraining the defendant from entering the residence, property, school, or place of employment of the victim; or  (b) An order restraining the defendant from making contact with the victim, including an order forbidding the defendant from personally, or through an agent, initiating any communication likely to cause serious alarm, annoyance, intimidation, or harassment, including but not limited to personal, written, telephonic, or any other form of written or electronic communication or contact with the victim. An order issued pursuant to this subsection relating to a school, place of business, or similar nonresidential location shall be sufficiently limited to protect the stalking victim but shall also protect the defendant's right to employment, education, or the right to do legitimate business with the employer of a    stalking victim as long as the defendant does not have contact with the stalking victim. The provisions of this subsection shall not apply to a contact by an attorney regarding a legal matter. 

(5) A restraining order issued pursuant to this section shall be valid for a period of not more than ten (10) years, the specific duration of which shall be determined by the court. Any restraining order shall be based upon the seriousness of the facts before the court, the probability of future violations, and the safety of the victim, his or her immediate family, or both. 

(6) Unless the defendant has been convicted of a felony, or is otherwise ineligible to purchase or possess a firearm under federal law, a restraining order issued pursuant to this section shall not operate as a ban on the purchase or possession of firearms or ammunition by the defendant. 

(7) The restraining order shall be issued on a form prescribed by the Administrative Office of the Courts and may be lifted upon application of the stalking victim to the court which granted the order. 

(8) Within twenty-four (24) hours of entry of a restraining order or entry of an order rescinding a restraining order, the circuit clerk shall forward a copy of the order to the Law Information Network of Kentucky (LINK).

(9) A restraining order issued under this section shall be enforced in any county of the Commonwealth. Law enforcement officers acting in good faith in enforcing a restraining order shall be immune from criminal and civil liability. 

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