DIVISION OF CHILD ABUSE AND DOMESTIC VIOLENCE SERVICES
Department for Human Support Services
Cabinet for Health and Family Services

Offenses: Elements and Penalties

Crime

Mental State

Elements

Classification

Penalty

Terroristic Threatening

KRS 508.080

 

wb02252_.gif (205 bytes)threat to seriously physically injure or kill another

Class A Misdemeanor

12 months

Stalking First Degree

KRS 508.140

Intentional

wb02252_.gif (205 bytes)all elements of Second Degree Stalking and

wb02252_.gif (205 bytes)perpetrator has received notice of protective order against him concerning same victim or perpetrator has received notice of pending criminal complaint against him concerning same victim or perpetrator has been convicted of a felony of Class A misdemeanor (other than Second Degree Stalking) concerning same victim or perpetrator committed stalking with a deadly weapon

Class D Felony

1-5 years

Stalking Second Degree

KRS 508.150

Intentional

wb02252_.gif (205 bytes)at least 2 act and

wb02252_.gif (205 bytes)acts directed at a specific victim and

wb02252_.gif (205 bytes)acts seriously alarm, annoy or intimidate the victim and

wb02252_.gif (205 bytes)acts must be something which would cause a reasonable person to suffer substantial mental distress and

wb02252_.gif (205 bytes)threat which causes victim to fear sexual contact, death or physical injury

Class A Misdemeanor

12 months

Assault First Degree

KRS 508.010

Intentional

wb02252_.gif (205 bytes)serious physical injury and

wb02252_.gif (205 bytes)deadly weapon or dangerous instrument

Class B Felony

10-20 years

 

Wanton

wb02252_.gif (205 bytes)serious physical injury and

wb02252_.gif (205 bytes)conduct which causes grave risk of death to another

Class B Felony

10-20 years

Assault Second Degree

KRS 508.020

Intentional

wb02252_.gif (205 bytes)serious physical injury

Class C Felony

5-10 years

 

Intentional

wb02252_.gif (205 bytes)physical injury and

wb02252_.gif (205 bytes)deadly weapon or dangerous instrument

Class C Felony

5-10 years

 

Wanton

wb02252_.gif (205 bytes)serious physical injury and

wb02252_.gif (205 bytes)deadly weapon or dangerous instrument

Class C Felony

5-10 years

Assault Third Degree

KRS 508.030

Reckless

wb02252_.gif (205 bytes)dangerous instrument or deadly weapon and

wb02252_.gif (205 bytes)physical injury or attempt to physically injure and

wb02252_.gif (205 bytes)peace officer or employee of detention center or residential treatment facility or DSS worker who is performing job or probation or parole officers

Class D Felony

1-5 years

 

Intentional

wb02252_.gif (205 bytes)physical injury or attempt to physically injure and

wb02252_.gif (205 bytes)peace officer or employee of detention center or residential treatment facility or DSS worker who is performing job or probation or parole officers

Class D Felony

1-5 years

Assault Fourth Degree

KRS 508.030

Intentional or Wanton

wb02252_.gif (205 bytes)physical injury

Class A Misdemeanor.

Enhanced by one degree if assault was the third or subsequent Fourth Degree Assault committed within previous five years against a family member or member of an unmarried couple.

12 months + enhancement

 

Reckless

wb02252_.gif (205 bytes)physical injury and

wb02252_.gif (205 bytes)deadly weapon or dangerous instrument

Class A Misdemeanor.

Enhanced by one degree if assault was the third or subsequent Fourth Degree Assault committed within previous five years against a family member or member of an unmarried couple.

12 months + enhancement

Rape First Degree

KRS 508.030

 

wb02252_.gif (205 bytes)sexual intercourse and

wb02252_.gif (205 bytes)forcible compulsion

Class B Felony

10-20 years

 

 

wb02252_.gif (205 bytes)sexual intercourse and

wb02252_.gif (205 bytes)victim is incapable of consent because of physical helplessness or is less than 12 years old

Class A if victim is less than 12 or receives a serious physical injury

20 years or more

Rape Second Degree

KRS 510.050

 

wb02252_.gif (205 bytes)sexual intercourse and

wb02252_.gif (205 bytes)perpetrator is 18 or older and

wb02252_.gif (205 bytes)victim is less than 14

Class C Felony

5-10 years

Rape Third Degree

KRS 510.060

 

wb02252_.gif (205 bytes)sexual intercourse and

wb02252_.gif (205 bytes)victim is mentally retarded or mentally incapacitated

Class D Felony

1-5 years

 

 

wb02252_.gif (205 bytes)sexual intercourse and

wb02252_.gif (205 bytes)perpetrator is 12 or older and

wb02252_.gif (205 bytes)victim is less than 16 years old

Class D Felony

1-5 years

Sodomy First Degree

KRS 510.070

 

wb02252_.gif (205 bytes)deviate sexual intercourse and

wb02252_.gif (205 bytes)forcible compulsion

Class B Felony

10-20 years

 

 

wb02252_.gif (205 bytes)deviate sexual intercourse and

wb02252_.gif (205 bytes)victim is incapable of consent because victim is physically helpless or less than 12 years old

Class B Felony

10-20 years

Sodomy Second Degree

KRS 510.080

 

wb02252_.gif (205 bytes)deviate sexual intercourse and

wb02252_.gif (205 bytes)perpetrator is 18 or older and

wb02252_.gif (205 bytes)victim is less than 14 years old

Class C Felony

5-10 years

Sodomy Third Degree

KRS 510.090

 

wb02252_.gif (205 bytes)deviate sexual intercourse and

wb02252_.gif (205 bytes)victim is mentally retarded or mentally incapacitated

Class D Felony

1-5 years

 

 

wb02252_.gif (205 bytes)deviate sexual intercourse and

wb02252_.gif (205 bytes)perpetrator is 21 or older and

wb02252_.gif (205 bytes)victim is less than 16 years old

Class D Felony

1-5 years

Sexual Abuse First Degree

KRS 510.110

 

wb02252_.gif (205 bytes)sexual contact and

wb02252_.gif (205 bytes)forcible compulsion

Class D Felony

1-5 years

 

 

wb02252_.gif (205 bytes)sexual contact and

wb02252_.gif (205 bytes)victim is incapable of consent because of being physically helpless or less than 12 years old

Class D Felony

1-5 years

Sexual Abuse Second Degree

KRS 510.120

 

wb02252_.gif (205 bytes)sexual contact and

wb02252_.gif (205 bytes)victim is incapable of consent because of mental retardation, a mental incapacity or victim is less than 14.

Class A Misdemeanor

12 months

Sexual Abuse Third Degree

KRS 510.130

 

wb02252_.gif (205 bytes)sexual contact and

wb02252_.gif (205 bytes)without victim's consent

Class B Misdemeanor

90 days

Complicity

KRS 502.020

 

wb02252_.gif (205 bytes)conspiracy with another and

wb02252_.gif (205 bytes)to commit underlying offense

 

same as underlying offense

 

 

wb02252_.gif (205 bytes)aids, counsels, attempts to aid another and

wb02252_.gif (205 bytes)to commit underlying offense

 

same as underlying offense

 

 

wb02252_.gif (205 bytes)has legal duty to prevent commission of underlying offense and

wb02252_.gif (205 bytes)fails to make proper effort to prevent offense

 

same as underlying offense

Criminal Abuse First Degree

KRS 508.100

Intentional

wb02252_.gif (205 bytes)abuses another person or permits the abuse of another person of whom he has actual custody and

wb02252_.gif (205 bytes)serious physical injury or places victim in a situation that may cause him serious physical injury or causes torture, cruel confinement, or cruel punishment to a child less than 12 years old or one who is physically helpless

Class C Felony

5-10 years

Criminal Abuse Second Degree

KRS 508.110

Wanton

wb02252_.gif (205 bytes)abuses another person or permits the abuse of another person of whom he has actual custody and

wb02252_.gif (205 bytes)serious physical injury or places victim in a situation that may cause him serious physical injury or causes torture, cruel confinement, or cruel punishment to a child less than 12 years old or one who is physically helpless

Class D Felony

1-5 years

 

Reckless

wb02252_.gif (205 bytes)abuses another person or permits the abuse of another person of whom he has actual custody and

wb02252_.gif (205 bytes)serious physical injury or places victim in a situation that may cause him serious physical injury or causes torture, cruel confinement, or cruel punishment to a child less than 12 years old or one who is physically helpless

Class A Misdemeanor

12 months