(A) Time limitation.
(1) Except as otherwise expressly provided, the prosecution of an offense under this chapter must be commenced within one year after it is committed.
(2) For purpose of this chapter, an offense is committed either when every element occurs, or if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course or the defendants complicity therein is terminated.
(KRS 500.050(2), (4))
(B) General definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACTOR. Any natural person and, where relevant a corporation or an unincorporated association.
CRIME. A misdemeanor.
DANGEROUS INSTRUMENT. Any instrument, article or substance which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious physical injury. DANGEROUS INSTRUMENT may include a laser.
DEADLY WEAPON. Means any of the following:
(a) A weapon of mass destruction;
(b) Any weapon from which a shot, readily capably of producing death or other serious physical injury, may be discharged;
(c) Any knife other than an ordinary pocket knife or hunting knife;
(d) Billy, nightstick, or club;
(e) Blackjack or slapjack;
(f) Nunchaku karate sticks;
(g) Shuriken or death star; or
(h) Artificial knuckles made from metal, plastic, or other similar hard material.
FELONY. An offense for which a sentence to a term of imprisonment of at least one year in the custody of the Department of Corrections may be imposed.
FENTANYL DERIVATIVE. Has the same meaning as in KRS 218A.010.
GOVERNMENT. The United States, any state, county, municipality, or other political unit, or any department, agency, or subdivision of any of the foregoing, or any corporation or other association carrying out the functions of government.
HE. Any natural person and, where relevant, a corporation or an unincorporated association.
IMPACTED BY THE DISASTER. The location or in reasonable proximity to the location where a natural or man-made disaster has caused physical injury, serious physical injury, death, or substantial damage to property or infrastructure.
LASER. Any device designed or used to amplify electromagnetic radiation by stimulated emission that emits a beam, other than a medical laser when used in medical treatment or surgery.
LAW. Includes statutes, ordinances and property adopted regulatory provisions. Unless the context otherwise clearly requires. LAW also includes the common law.
MINOR. Any person who has not reached the age of majority as defined in KRS 2.015.
MISDEMEANOR. An offense, other than a traffic infraction, for which a sentence to a term of imprisonment of not more than 12 months can be imposed.
NATURAL or MAN-MADE DISASTER. A tornado, storm, or other severe weather, earthquake, flood, or fire that poses a significant threat to human health and safety, property, or critical infrastructure.
OFFENSE. Conduct for which a sentence to a term of imprisonment or to a fine is provided by any law of this state or by any law, local law or ordinance of a political subdivision to this state or by any law; order, rule or regulation of any governmental instrumentality authorized by law to adopt the same.
PERSON. Human being, and where appropriate, a public or private corporation, an unincorporated association, a partnership, a government or a governmental authority.
PHYSICAL INJURY. Substantial physical pain or impairment of physical condition.
POSSESSION. To have actual physical possession or otherwise to exercise actual domain or control over a tangible object.
SERIOUS PHYSICAL INJURY. Physical injury which creates a substantial risk of death, or which causes serious and prolonged disfigurement, prolonged impairment of health, prolonged loss or impairment of the function of any bodily organ, or eye damage or visual impairment. For a child 12 years of age or less at the time of the injury, or for any person if the relationship between the perpetrator and the victim meets the definition of a family member or
member of an unmarried couple as defined in KRS 403.720, or a dating relationship as defined in KRS 456.010, a serious physical injury includes but is not limited to the following:
(a) Bruising near the eyes, or on the head, neck, or lower back overlying the kidney;
(b) Any bruising severe enough to cause underlying muscle damage as determined by elevated creatine kinase levels in the blood;
(c) Any bruising or soft tissue injury to the genitals that affects the ability to urinate or defecate;
(d) Any testicular injury sufficient to put fertility at risk;
(e) Any burn near the eyes or involving the mouth, airway, or esophagus;
(f) Any burn deep enough to leave scarring or dysfunction of the body;
(g) Any burn requiring hospitalization, debridement in the operating room, IV fluids, intubation, or admission to a hospital’s intensive care unit;
(h) Rib fracture;
(i) Scapula or sternum fractures;
(j) Any broken bone that requires surgery;
(k) Head injuries that result in intracranial bleeding, skull fracture, or brain injury;
(l) A concussion that results in the child becoming limp, unresponsive, or results in seizure activity;
(m) Abdominal injuries that indicate internal organ damage regardless of whether surgery is required;
(n) Any injury requiring surgery;
(o) Any injury that requires a blood transfusion; and
(p) Any injury requiring admission to a hospital’s critical care unit.
UNLAWFUL. Contrary to law or, where the context so requires, not permitted by law. It does not mean wrongful or immoral.
VIOLATION. An offense, other than a traffic infraction, for which a sentence to a fine only can be imposed.
WEAPON OF MASS DESTRUCTION. Means:
(a) Any destructive device as defined in KRS 237.030, but not fireworks as defined in KRS 227.700;
(b) Any weapon that is designed or intended to cause death or serious physical injury through the release, dissemination, or impact of toxic or poisonous chemicals or their precursors;
(c) Any weapon involving a disease organism; or
(d) Any weapon that is designed to release radiation or radioactivity at a level dangerous to human life.
(KRS 500.080)
(C) Definitions pertaining to general principles of liability. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CULPABLE MENTAL STATE. One of the following:
INTENTIONALLY. A person acts intentionally with respect to a result or to conduct described by a statute defining an offense when his or her conscious objective is to cause that result or to engage in that conduct;
KNOWINGLY. A person acts knowingly with respect to conduct or to circumstance described by a statute defining an offense when he or she is aware that his or her conduct is of that nature or that the circumstance exists;
RECKLESSLY. A person acts recklessly with respect to a result or to a circumstance described by a statute defining an offense when he or she fails to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation; or
WANTONLY. A person acts wantonly with respect to a result or to a circumstance described by a statute defining an offense when he or she is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but is unaware thereof solely by reason of voluntary intoxication also acts WANTONLY with respect thereto.
(KRS 501.010 and KRS 501.020)
INTOXICATION. A disturbance of mental or physical capacities resulting from the introduction of substances into the body.
VOLUNTARY ACT. A bodily movement performed consciously as a result of effort or determination and includes the possession of property if the actor was aware of his or her physical possession or control thereof for a sufficient period to have been able to terminate it.
VOLUNTARY INTOXICATION. Intoxication caused by substances which the defendant knowingly introduces into his or her body, the tendency of which to cause intoxication he or she knows or ought to know, unless he or she introduces them pursuant to medical advice or under such duress as would afford a defense to a charge of crime.
(KRS 501.010)
(D) Criminal liability. A person is not guilty of a criminal offense when:
(1) He or she has engaged in conduct which includes a voluntary act or the omission to perform a duty which the law imposes upon him or her and which he or she is physically capable of performing; and
(2) He or she has engaged in such conduct “intentionally”, “knowingly” “wantonly” or “recklessly” as the law may require, with respect to each element of the offense, except that this requirement does not apply to any offense which imposes absolute liability, as defined herein.
(KRS 501.030)
(E) Culpability; construction of statutes. Although no culpable mental state is expressly designated in a statute defining an offense, a culpable mental state may nevertheless be required for the commission of such offense, or with respect to some or all of the material elements thereof, if the proscribed conduct necessarily involves such culpable mental state.
(KRS 501.040)
(F) Absolute liability. A person may be guilty of an offense without having one of the culpable mental states defined in division (G) below, only when:
(1) The offense is a violation or a misdemeanor as defined in division (B) above, and no particular culpable mental state is included within the definition of the offense; or
(2) The offense is defined by a statute other than this code and the statute clearly indicates a legislative purpose to impose absolute liability for the conduct described.
(KRS 501.050)
(G) Criminal attempt.
(1) A person is guilty of criminal attempt to commit a crime when, acting with the kind of culpability otherwise required for commission of the crime, he or she:
(a) Intentionally engages in conduct which would constitute the crime if the attendant circumstances were as he or she believes them to be; or
(b) Intentionally does or omits to do anything which, under the circumstances as he or she believes them to be, is a substantial step in a course of conduct planned to culminate in his or her commission of the crime.
(2) Conduct shall not be held to constitute a substantial step under division (G)(1)(b) above, unless it is an act or omission which leaves no reasonable doubt as to the defendant’s intention to commit the crime which he or she is charged with attempting.
(3) A person is guilty of criminal attempt to commit a crime when he or she engages in conduct intended to aid another person to commit that crime, although the crime is not committed or attempted by the other person, provided that his or her conduct would establish complicity under KRS 502.020 if the crime where committed by the other person.
(4) A criminal attempt is a:
(a) Class A misdemeanor when the crime attempted is a Class C or D felony;
(b) Class B misdemeanor when the crime attempted is a misdemeanor.
(5) Notwithstanding KRS Chapter 532, a person who has been convicted of, or entered a plea of guilty or nolo contendere to, criminal attempt to commit murder of a first responder shall be sentenced to imprisonment for:
(a) At least 20 years;
(b) Life; or
(c) Life without benefit of probation or parole until the person has served a minimum of 25 years.
(KRS 506.010)
(H) Criminal attempt defense of renunciation.
(1) In any prosecution for criminal attempt to commit a crime, it is a defense that, under circumstances manifesting a voluntary and complete renunciation of his or her criminal purpose, the defendant abandoned his or her effort to commit the crime and, if mere abandonment was insufficient to avoid the commission of the crime, took the necessary affirmative steps to prevent its commission.
(2) A renunciation is not “voluntary and complete” within the meaning of this section if it is motivated in whole or in part by:
(a) A belief that circumstances exist which pose a particular threat of apprehension or detection of the accused or another participant in the criminal enterprise or which render more difficult the accomplishment of the criminal purpose; or
(b) A decision to postpone the criminal conduct until another but similar object.
(KRS 506.020)
(I) Criminal solicitation.
(1) A person is guilty of criminal solicitation when, with the intent of promoting or facilitating the commission of a crime, he or she commands or encourages another person to engage in specific conduct which would constitute that crime or an attempt to commit that crime or which would establish the other’s complicity in its commission or attempted commission.
(2) A criminal solicitation is a:
(a) Class A misdemeanor when the crime solicited is a Class C or D felony; and/or
(b) Class B misdemeanor when the crime solicited is a misdemeanor.
(KRS 506.030)
(J) Criminal conspiracy.
(1) A person having the intention of promoting or facilitating the commission of a crime is guilty of criminal conspiracy when he or she:
(a) Agrees with one or more persons that at least one of them will engage in conduct constituting that crime ir an attempt or solicitation to commit such a crime; or
(b) Agrees to aid one or more persons in the planning or commission of that crime or an attempt or solicitation to commit such a crime.
(2) Except as provided in division (J)(3) below, a criminal conspiracy is a:
(a) Class A misdemeanor when the object of the conspiratorial agreement is a Class C or D felony; and/or
(b) Class B misdemeanor when the object of the conspiratorial agreement is a misdemeanor.
(3) Any person who is 18 years of age or older who engages in a criminal conspiracy with a minor shall be charged one level higher than the level provided for the offense which is the object of the conspiratorial agreement.
(KRS 506.040)
(K) Conspiracy; general provisions.
(1) No person may be convicted of conspiracy to commit a crime unless an overt act in furtherance of the conspiracy is alleged and proved to have been committed by one of the conspirators.
(2) A person who conspires to commit more than one crime, all of which are the object of the same agreement or continuous conspiratorial relationship, is guilty of only one conspiracy. The classification of this crime under division (J)(2) above, shall be determined by the most serious offense which he or she is found guilty of conspiring to commit.
(3) If a person guilty of conspiracy, as defined in division (J) above knows that a person with whom he or she conspires to commit a crime has conspired with another person or persons to commit the same crime, he or she is guilty of conspiring to commit the crime with the other person or persons, whether or not he or she knows their identity.
(4) No person may be convicted of conspiracy to commit a crime when an element of that crime is agreement with the person with whom he or she is alleged to have conspired or when the crime is so defined that his or her conduct is inevitable incident to its commission.
(KRS 506.050)
(L) Criminal facilitation.
(1) A person is guilty of criminal facilitation when, acting with knowledge that another person is committing or intends to commit:: a crime, he or she engages in conduct which knowingly provides such person with means or opportunity for the commission of the crime and which in fact aids such person to commit the crime.
(2) Criminal facilitation is a:
(a) Class A misdemeanor when the crime is facilitated is a Class C or D felony; or
(b) Class B misdemeanor when the crime/facilitated is a misdemeanor.
(KRS 506.080)
(M) Multiple convictions.
(1) A person may not be convicted on the basis of the same course of conduct of both the actual commission of a crime and:
(a) A criminal attempt to commit that crime;
(b) A criminal solicitation of that crime;
(c) A criminal facilitation of that crime; or
(d) A conspiracy to commit that crime, except as provided in division (M)(2) below.
(2) A person may be convicted on the basis of the same course of conduct of both the actual commission of a crime and a conspiracy to commit that crime when the conspiracy from which the consummated crime resulted had as an objective of the conspiratorial relationship the commission of more than one crime.
(3) A person may not be convicted of more than one of the offenses defined in divisions (G), (I), (J) and (L) above, for a single course of conduct designed to consummate in the commission of the same crime.
(KRS 506.110)
(1980 Code, § 1020.1)