(A) Definitions pertaining to the obstruction of public administration. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BENEFIT. Gain or advantage to the beneficiary or to a third person pursuant to the desire or consent of the beneficiary.
(KRS 519.010)
GOVERNMENTAL FUNCTION. Any activity which a public servant is legally authorized to undertake on behalf of the governmental unit which he or she serves.
PECUNIARY BENEFIT. Benefit in the form of money, property, commercial interests or anything else the primary significance of which is economic gain.
(KRS 521.010)
PUBLIC RECORD. Includes all official books, papers, exhibits or records created by or received and retained in any governmental office or agency.
PUBLIC SERVANT.
(a) Any public officer or employee of the state or of any political subdivision thereof or of any governmental instrumentality within the state; or
(b) Any person exercising the functions of any such public officer or employee; or
(c) Any person participating as advisor, consultant or otherwise in performing a governmental function, but not including witnesses; or
(d) Any person elected, appointed or designated to become a public servant although not yet occupying that position.
(B) Obstruction of governmental operations.
(1) A person is guilty of obstructing governmental operations when he or she intentionally obstructs, impairs or hinders the performance of a governmental function by using or threatening to use violence, force or physical interference.
(2) This section shall not apply to:
(a) Any means of avoiding compliance with the law without affirmative interference with governmental functions; or
(b) The obstruction, impairment or hindrance of unlawful action by a public servant.
(C) Promoting contraband in the second degree.
(1) A person is guilty of promoting contraband in the second degree when:
(a) He or she knowingly introduces contraband into a detention facility; or
(b) Being a person confined in a detention facility, he or she knowingly makes, obtains or possesses contraband.
(2) Promoting contraband in the second degree is a Class A misdemeanor.
(KRS 520.060)
(D) Bail jumping in the second degree.
(1) A person is guilty of bail jumping in the second degree when, having been released from custody by court order, with or without bail, upon condition that he or she will subsequently appear at a specified time and place in connection with a charge of having committed a misdemeanor, he or she intentionally fails to appear at that time and place.
(2) In any prosecution for bail jumping, the defendant may prove in exculpation that his or her failure to appear was unavoidable and due to circumstances beyond, his or her control.
(3) Bail jumping in the second degree is a Class A misdemeanor.
(KRS 520.080)
(E) Resisting arrest.
(1) A person is guilty of resisting arrest when he or she intentionally prevents or attempts to prevent a peace officer, recognized to be acting under color of his or her official authority, from effecting an arrest of the actor or another by:
(a) Using or threatening to use physical force or violence against the peace officer or another; or
(b) Using any other means creating a substantial risk of causing physical injury to an peace officer or another.
(F) Resisting order to stop motor vehicle.
(1) A person is guilty of resisting an order to stop a motor vehicle when he or she knowingly fails to obey a recognized direction to stop his or her vehicle, given by a person recognized to be a peace officer.
(2) No offense is committed under this section when the conduct involved constitutes a failure to comply with a directive if a traffic control officer.
(3) Resisting an order to stop a motor vehicle is a Class A misdemeanor.
(KRS 520.100)
(G) Hindering prosecution or apprehension in the second degree.
(1) A person is guilty of hindering prosecution or apprehension in the second degree, when with the intent to hinder the apprehension, prosecution, conviction or punishment of another who is being sought in connection with the commission of a criminal offense of lesser degree than a capital offense or Class A felony, he or she renders assistance to such person.
(KRS 520.120 and 520.130)
(2) For the purpose of this section, a person renders assistance when he or she:
(a) Harbors or conceals such person;
(b) Warns such person of impending discovery or apprehension, except that this does not apply to a warning given in connection with an effort to bring another into compliance with law;
(c) Provides such person with money, transportation, weapon, disguise or other means of avoiding discovery or apprehension;
(d) Prevents or obstructs, by means of force, or intimidation, anyone from performing an act that might aid in the discovery or apprehension of such person;
(e) Volunteers false information to a law enforcement officer; or
(f) Suppresses by an act of concealment, alteration or destruction any physical evidence that might aid in the discovery or apprehension of such person.
(3) In any prosecution for hindering prosecution or apprehension it is a defense that the accused is the spouse, parent, child, brother, sister, grandparent or grandchild of the person whose discovery or apprehension he or she sought to prevent.
(KRS 520.110)
(4) Hindering prosecution or apprehension in the second degree is a Class A misdemeanor.
(KRS 5 20.130)
(1980 Code, § 1020.8)