KRS Flashcards

1
Q

How long for prosecution of a misdemeanor sex offense

A

10 years after victim turns 18

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2
Q

Serious physical injury for a child 12 or less?

A

Any injury requiring admission to ICU

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3
Q

When can a person be guilty of an offense without a culpable mental state

A

Offense is violation or misdemeanor and culpable state isn’t in definition of the offense

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4
Q

Continuing course of conduct against a vulnerable victim?

A

Applies if the unlawful act was committed against the same person two or more times over a specified period of time and the jury shall unanimously agree

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5
Q

Vehicle definition

A

Conveyance of any kind whether or not motorized, designed to transport people or property

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6
Q

When is choice Of evils justification unavailable to the prosecution

A

When the action is wanton or reckless

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7
Q

When is criminal Attempt a misdemeanor?

A

When the crime attempted is a class C or D felony

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8
Q

Criminal conspiracy

A

Agrees with at least one person to engage in the conduct constituting a crime or attempted crime

Shall only be charged with One offense if person conspires for multiple during the same agreement to commit a crime

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9
Q

Three Things that could be considered Engaging in organized crime

A
  1. Provide material aid to a syndicate
  2. knowingly provide legal accounting or managerial services
  3. commit or attempt to commit or act as an accomplice of more than one theft of retail merchandise with the intent to resell.
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10
Q

How many people needed for a criminal syndicate

A

Three or more unless in cases of merchandise theft which is two or more

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11
Q

Elements of a criminal gang

A
  1. has been identified by the Commonwealth
  2. Common leader
  3. hand signs, colors or symbols
  4. has two or more members that engage in a pattern of criminal activity.
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12
Q

Pattern of criminal gang activity definition?

A
  1. Two or more felony offenses
  2. three or more misdemeanor offenses
  3. one felony and one misdemeanor performed within five years by gang members
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13
Q

Age requirements for criminal gang recruitment 1st charge

A

Actor is 18, solicits anyone under the age of 15 to join the gang
AND
Requires them to commit crime to join

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14
Q

Criminal gang recruitment second

A

Actor over the age of 18 solicits another person to join gang or threatens another person because they…
1. refused to join the gang
2. have withdrawn from the gang
3. refuse to submit to demand by The gang

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15
Q

Criminal gang recruitment third degree

A

Any person under the age of 18 who solicits another to join a gang

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16
Q

How many elements are required to establish the existence of a criminal gang

A

Two. I.e. Committing a crime to target rival gang, promoting criminal activity with gang members through social media

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17
Q

It is no defense to criminal gang activity…

A
  1. If one or more members of the gang are not criminally responsible
  2. if one or more members of the gang have been acquitted
  3. the participants don’t know each other
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18
Q

Enhancement penalties for criminal gang related felonies

A

Raises the charge one degree and ineligible for parole until 85% of the sentence is served

Does not apply to juvenile unless they are youthful offender and have one prior felony charge

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19
Q

Murder charge in a motor vehicle

A

Under circumstances manifesting extreme indifference to human life, wantonly engages in conduct which creates a great risk of death and causes death

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20
Q

Manslaughter 1st

A

A. With intent to cause serious physical injury, causes death of another
B. With intent to cause death of another causes sudden death while acting under the influence of extreme emotional disturbance
C. Abuses or allows another to abuse person under the age of 12 or physically/mentally helpless that causes death

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21
Q

Manslaughter 2nd

A

Wantonly causes death of another person…
A. Operation of motor vehicle
B. Leave child under eight in a vehicle
C. Trafficking schedule one or schedule two drug where said drug causes death

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22
Q

Reckless homicide

A

With recklessness, causes death of another

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23
Q

Fetal homicide first- degree

A

A. Intentionally causes death of unborn child
B. In operation of motor vehicle wanton conduct that causes death of unborn child

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24
Q

Fetal homicide second degree

A

A. With intent to call series physical injury to unborn child, causes death of unborn child
B. Intentionally causes death of unborn child but Acts under the influence of extreme emotional disturbance

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25
Q

Fetal homicide third degree

A

Watley causes death of unborn child to include results from a person’s operation of a motor vehicle

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26
Q

Fetalhomicide fourth degree

A

Recklessly causes death of unborn child

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27
Q

Assault first degree

A
  1. Intentionally causes SPI by means of deadly weapon or dangerous instrument or
  2. Under circumstances manifesting extreme indifference to human life, wantonly engages to create a grave risk of death to another and causes serious physical injury
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28
Q

Assault second

A

Intentionally causes SPI
Intentionally causes physical injury by means of a deadly weapon
Wantonly causes serious physical entry by means of a deadly weapon

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29
Q

Assault third

A

Intentionally or attempts to cause physical injury to police officer, employee of a Detention center, DCBS worker, EMS personnel, probation and parole officer, grade school employee

To include Saliva vomit mucus blood semen urine or feces

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30
Q

Assault 4th degree

A

Intentionally or wantonly causes physical injury or recklessly causes physical injury by means of a deadly weapon

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31
Q

Enhancement penalties for assault fourth DV

A

Three offenses within five years raises it to a class D felony. Does not have to be the same victim

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32
Q

Menacing

A

Intentionally places another person in reasonable fear of imminent physical injury

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33
Q

Wanton first and second

A

Difference is SPI verse physical injury

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34
Q

Terroristic threatening first- degree

A

Make statements about or places a counterfeit weapon of mass Destruction on school property, the site of a school sanctioned function, or government building

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35
Q

Terroristic threatening second degree

A

A. Threatens to commit an act likely to result in death or serious physical injury at a publicly advertised event, place of worship, or school activity
B. Makes false statements indicating an act likely to cause death will occur for the purpose of evacuation of a school, cancellation of classes, or creating fear among students parents or personnel
C. Makes false statements or places a counterfeit WMD at any location not covered in first degree

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36
Q

Terroristic threatening third degree

A

A.Threatens to commit a crime likely to result in death or SPI to another or substantial property damage
B. Makes false statements for the purpose of causing evacuation of a building place of assembly or facility of public transportation

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37
Q

Criminal abuse first- degree

A

Intentionally abuses or permits another to abuse a person who they have custody over…
A. Causes SPI or
B. places in situation that causes SBI or
C. causes torture/cruel confinement/punishment

to person 12 years of age or less of Physically/mentally helpless

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38
Q

Criminal abuse second degree

A

Same as first except wanton

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39
Q

Criminal abuse third degree

A

Same as first except reckless

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40
Q

Stalking definition

A

Directed at specific person, seriously alarms, annoys, intimidates, or harasses person for no legitimate purpose and causes person to suffer substantial mental distress

Course of conduct means two or more acts

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41
Q

Stalking first- degree

A

Intentionally stalks and makes threats (explicit or implicit) to put a person in fear of sexual conduct, SPI, or death
AND
1. Protective order has been served or
2. criminal complaint is pending court or
3. defendant found guilty of a criminal charge against the victim within the previous five years or
4. acts were committed while the defendant was armed

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42
Q

Stalking second degree

A

Intentionally stalks another and makes threats to put that person in reasonable fear of sexual contact, physical injury, or death

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43
Q

Length of Protective order issued upon stalking violation

A

Order may be effective up to 10 years with further renewals and increments of up to 10 years

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44
Q

Difference between strangulation first and second

A

Intentional verse Wanton

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45
Q

Unlawful imprisonment first and second

A

Unlawfully Restrains another under circumstances causing risk of SPI

Second degree is just restraining another unlawfully

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46
Q

Kidnapping (7 things)

A

Unlawfully restrains another with intent to
1. Hold for ransom
2. commit a felony
3. inflict injury or
4. terrorize victim
5. interfere with governmental function
6. used as a shield or hostage
7. deprive guardians of custody of a minor

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47
Q

Kidnapping penalties

A

Class B felony when victim is released alive in a safe place
Class A felony when victim is released alive but has SPI
Capital offense when victim is not released alive or victim dies as a result of the kidnapping

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48
Q

Criminal coercion

A

Intentionally compels another to engage in or refrain from conduct by threatening to
A. Committed crime
B. or accuse someone of a crime
C. or expose a secret subjecting person to ridicule or discredibility
D. or influence an action as an official

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49
Q

Rape/Sodomy 1st

A

Forcible compulsion
Physically helpless
Under 12

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50
Q

Rape/Sodomy 2nd

A

18 or older, victim is less than 14 or
Victim mentally incapacitated or intellectual disability

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51
Q

Rape/Sodomy 3rd

A

21 and victim is less than 16 or
10 year gap or
Foster parent w/ minor
Position of authority w/ minor
Jailer or peace officer

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52
Q

Sex abuse first degree

A

Sexual contact by forcible compulsion or person is in capable of consent because they are helpless or under 12, mentally incapacitated, or intellectually disabled

21 or older, sexual contact with person under 16 or masturbates in the presence of or masturbates on the Internet while communicating with person under 16

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53
Q

Sex abuse First- degree penalties

A

D felony unless victim is under 12

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54
Q

Sexual abuse second

A

Actor is at least 18 but under 21 and victim is less than 16 or

Corrections officer or police officer and has sexual contact with an adult



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55
Q

Defenses for Sex abuse second

A

Victim is 14 or 15 and the actor was less than five years older

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56
Q

Sex abuse third degree and defenses

A

Sexual contact without latters consent

Defense is victim was 14 or 15 and actor was less than 18

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57
Q

Indecent exposure first and penalties

A

Showing genitals to person under 18

First offense is Class B. Second offense in three years is class A. Third and subsequent offenses within three years is clase D felony

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58
Q

Indecent exposure second

A

Expose his genitals to person over 18

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59
Q

Use of electronic device to procure a minor penalties

A

Clase D unless minor is under 12, or the suspect is sex offender or suspect travels to the commonwealth from another jurisdiction to commit crime

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60
Q

Burglary first- degree

A

Causes physical injury, is armed or threatens see use of weapon

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61
Q

Burglary second

A

Unlawfully Enters dwelling with intent to commit a crime

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62
Q

Burglary third

A

Unlawfully enters building with intent to commit a crime

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63
Q

Possession of burglary tools

A

Possesses tools designed for forcible entry with intention to commit burglary or knowledge that someone else will use tools to commit burglary

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64
Q

Criminal trespass first

A

Trespassing in a dwelling

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65
Q

Criminal trespass second

A

Enters or remains in a building or premise where notice against trespass is given by fencing or other enclosure

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66
Q

Criminal trespass third

A

Trespasses in or upon a premise

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67
Q

Domestic violence shelter trespass

A

Trespasses at a shelter and is the subject of an order of protection

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68
Q

Trespassing on private land near rail trail

A

Presumed to be unlawful

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69
Q

Criminal mischief first- degree

A

Intentionally or wanton causes property damage over $1000 or
Tampers with operations of a key infrastructure asset in a manner that renders the operation is harmful or dangerous

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70
Q

Criminal mischief second

A

Intentionally or wantonly damages property at least 500 but less than $1000

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71
Q

Theft by deception

A
  1. Fails to correct a false impression which deceiver previously created,
  2. fails to disclose a known lien,
  3. Issues or passes a check knowing it will not be honored
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72
Q

Theft by deception penalties

A

Class B misdemeanor unless pecuniary loss is valued at least 500 but less than 1000.
It’s a class D felony if between 1000 and $10,000
 Over $10,000 is a class C felony

Three or more convictions in five years makes it a felony

Can combine two or more offenses if they occurred within 90 days to determine value of pecuniary loss

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73
Q

Criminal use/possession of noxious substance (two separate charges)

A

Unlawfully deposits stinkbomb or other irritant with intent to interfere with another use of land, a building, or vehicle

74
Q

Criminal littering

A

Obvious… litters on highway or property

Negligently throws glass or other pointed objects near public water or within 50 feet of a public highway

75
Q

Unlawful act relating to acquiring metals penalties

A

Class B misdemeanor if value of repair or property loss is less than $3000

Class D Felony if value of repair or property loss is greater than $3000

76
Q

Arson first

A

Starts fire and building is occupied or another person sustains SPI as a result of the fire or explosion 

77
Q

Arson second

A

Starts fire to destroy building of another

or if his own to collect insurance

78
Q

Arson third

A

Wantonly causes damage to a building by intentionally starting a fire

79
Q

Burning personal property to defraud insurer

A

This exists

80
Q

Theft by deception

A

Fails to return property to its owner within 10 days after rent or lease agreement has expired

Prima facie if offender presents false identification upon lease agreement

81
Q

When is TBUT a Class D felony

A

Class D if
1. firearm or
2. anhydrous ammonia or
3. controlled substance valued under $10000 or
4. property value is at least $1000 but less than $10000
5. Three or more convictions in five years

82
Q

Theft of property mislaid

A

Receives lost property and fails to make reasonable attempt to return property

Same penalties As TBUT

83
Q

Theft of services

A

Obtain services known to be available only for compensation by means Avoiding payment to include wireless communication services.

Same penalties as TBUT

84
Q

Possession or transfer of device for theft of telecommunication services

A

making or possessing an instrument with intentions for the theft or providing said instrument to another

85
Q

Theft by failure to make required disposition of property

A

Obtains property with an agreement for a specified payment and fails to make required payment

86
Q

Theft by extortion

A

Obtains property of another by threatening to
1. Inflict bodily injury or
2. commit a criminal offense against another or accuse another of a crime or
3. expose a secret to subject another to ridicule or discredit or
4. Use position as pubic officer to affect someone adversely
5. Bring about boycott or strike If property is not unlawfully received
6. Testify or withhold testimony and respect to another legal claim

Same penalties as TBUT

87
Q

Theft of labor already rendered

A

Receives labor from another and passes a check knowing it will not be honored

Same penalties TBUT 

88
Q

Unauthorized use of automobile

A

Class A misdemeanor unless previous conviction

89
Q

Receiving stolen property

A

Same as TBUT

90
Q

Obscuring identity of machine or other property

A

Defases serial number or identification number of property with intent to render it unidentifiable.

Class a misdemeanor unless $500-$10,000.

Class C if more than $10000

91
Q

Theft/possession of mail matter

A
  1. Steals
  2. Obtains by deception
  3. Embezzles
    4 conceals
  4. Damages

Any mail matter from USPS

92
Q

Theft of identity

A

Unlawfully uses another’s identifying information to

  1. Deprive person of property
  2. Obtain benefits
  3. Make a financial transaction
  4. Avoid detection
  5. Commercial or political benefit
93
Q

Trafficking in stolen identities

A

Possession of FIVE or more separate identities shall be prima facie evidence

94
Q

Robbery first

A

Causes injury, is armed, or threatens use of a weapon

95
Q

Robbery second

A

Threatens use of immediate physical force to accomplish theft

96
Q

Forgery first- degree / poss forge instrument

A

Written instrument to represent an issue of money, stamps, securities, valuable interest instruments issued by government, stocks/bonds, or claims against a corporate organization

97
Q

Forgery second degree / poss forge instrument

A
  1. Forges a deed will contract credit card or other instrument that may affect a legal right or status or
  2. Public record required by law to be filed with public office
  3. Written instrument created by a governmental agency
98
Q

Forgery third / poss forge instrument

A

With intent to defraud or deceive forges a written instrument

99
Q

Possession of forgery device

A

 Makes or possesses, With intent to use or permit another to use for purposes of forgery

100
Q

Criminal simulation first

A

Makes or distribute product intended to defraud a drug/ alcoholic test

101
Q

Criminal simulation second

A

Uses or possesses object design to defraud a drug test, or

Makes or alters An object to defraud with its rarity or antiquity

102
Q

Commercial Bribery

A

Confers any benefit upon an employee without the consent of their employer To influence conduct contrary to employers best interests

OR beneficiary

103
Q

Ticket scalping

A

Selling or offering a ticket unlawfully

104
Q

Assault of sports official

A

Causes physical injury to official during their duties or upon arriving or departing athletic event

105
Q

Obstruction of governmental operations

A

 Intentionally obstructs governmental function with use or threaten to use violence, force, or physical interference

Does not apply to arrest situations

106
Q

Compounding a crime

A

Solicits, accepts or agrees to any benefit in order to refrain from initiating prosecution

107
Q

Falsely reporting an incident (5 elements)

A
  1. Pulls fire alarm
  2. Causes public inconvenience or alarm by circulating a report of a fire or other emergency
  3. Reports incident knowing it didn’t occur
  4. Provides information to law-enforcement related to an incident knowing he has no information of such incident
  5. Knowingly gives false information with intent to implicate another
108
Q

Impersonating a public servant

A

Pretends to be a public servant other than law-enforcement to induce another to submit to their pretended authority

109
Q

Tampering with public records

A
  1. Makes false entry into any public record or
  2. impairs the availability of a public record or
  3. refuses to deliver public record upon lawful request
110
Q

Tampering with a prisoner monitoring device

A

Tampers with electronic monitoring device of a person who is on probation or parole or ordered to wear such device on conditions of pre-trial release

111
Q

Attempting to escape from penitentiary

A
  1. Conceals in the walls,
  2. attempts the scale enclosure,
  3. escapes from one part of penitentiary to another,
  4. other obvious scenarios
112
Q

Escape first- degree

A

Escape custody or detention facility by force or threatenforce

113
Q

Escape second

A

escapes from a detention facility or being charged with a felony escapes from custody

114
Q

Promoting contraband first degree versus second degree

A

Dangerous contraband vs contraband

115
Q

Resisting arrest

A

Attemps to prevent an arrest on the actor or another by

  1. Use or threatening physical force
  2. or using any other means creating risk of injury to the officer
116
Q

Fleeing or evading first degree

A

In a motor vehicle (or on foot for number 1 and 4) with at least one of the following conditions:
1. Fleeing immediately after committing an act of domestic violence (also on foot)
2. driving under the influence
3. their drivers license is suspended
4. the person causes or creates substantial risk of serious physical injury to another or property damage (also on foot)

117
Q

Fleeing or evading second degree

A

Please on foot creating risk of physical injury
or flees in a vehicle

118
Q

What is considered rendering unlawful assistance to another

A
  1. Harbors or conceals
  2. Warns person of impending discovery or apprehension
  3. Provides money transportation weapon disguise or other means of avoiding apprehension
  4. Prevents by means of force, deception, or intimidation anyone that might aid in the apprehension of person
  5. Volunteers false information to law-enforcement
  6. Suppresses any evidence that might aid in the apprehension
119
Q

Who has immunity from hindering prosecution or apprehension

A

Spouse, parent, child, sibling, grandparents, grandchildren

120
Q

Hindering prosecution or apprehension first degree vs second

A

Renders assistance of another for a capital or class a felony offense vs any criminal offense

121
Q

Bribery of public servant

A
  1. Offers or confers any pecuniary benefit upon a public servant with the intent to influence their actions in their official capacity or
  2. As a public servant accepts pecuniary benefit for the same
122
Q

Official misconduct first- degree vs second

A

To obtain a benefit or injure another, he knowingly…

1.commits unauthorized exercise of his official functions or
2. Refrain from performing any official duty or
3. violates any statute or lawfully adopted rule in regards to his position

Second degree is same elements but without intent to obtain benefit or injure another

123
Q

Misuse of confidential information

A

With this information the public does not have access to, he
1. Accepts or wagers pecuniary interest in any property or transaction related to such information or
2. Or aids another to do the same

124
Q

Abuse of public trust And penalties

A

Uses money for himself meant for a public obligation

Class D felony under $10,000
Class C felony $10,000 or more but under $100,000
Class B felony over $100,000

125
Q

Perjury first

A

Material false statement under oath during official proceeding or

Material false statement in writing to mislead drafting of a warrant accusing spouse of an offense under KRS chapter 510

126
Q

Perjury second

A

Makes a material false statement in Writing

127
Q

False swearing

A

Makes material false statement Under oath, does not have to be in official proceedings

128
Q

Giving peace officer false identifying information

A

After being warned, gives false name, address or date of birth

129
Q

Bribing a witness or bribe receiving by witness

A
  1. Influence testimony
  2. induce person to avoid summons
  3. induce person to be absent from proceedings
130
Q

Intimidating participant in legal process
Vs. tampering with a witness

A

Force or threat needs for intimidating

Official proceeding needed for tampering

131
Q

Retaliating against the participant in a legal process

A

Causes or threatens to cause bodily injury or property damage to person who may be called as a participant or has participated in a legal process

132
Q

Tampering with physical evidence

A

Obvious answer OR

Fabricates physical evidence to be introduced in official proceeding

133
Q

Riot first- degree vs second

A

Participant in a riot and person other than a participant suffers physical injury or substantial property damage occurs

Second is just participating in riot

134
Q

Inciting a riot

A

Urges five or more people to engage in a riot

135
Q

Unlawful assembly

A
  1. Assembles five or more persons for a riot or
  2. being present at such assembly and remains there to advance the riot
136
Q

Disorderly conduct first degree vs second degree

A

1. Engages in fighting or violent/threatening behavior or
2. makes unreasonable noise or
3. creates a physically offensive condition with no purpose

First degree is within 300 feet of funeral process between one hour prior to and one hour following funeral

Second degree has not funeral aspect

137
Q

Harassment

A

Obvious answers
OR
As a student on school property
1. Damages or commits theft of property of another student or
2. substantially disrupts operation of school or
3. creates a hostile environment

138
Q

Loitering

A
  1. Loiters in public place to gamble or use drugs or
  2. Loiters at a school for no legitimate reason or
  3. at a transportation facility to sell merchandise or services
139
Q

Desecration of venerated objects first degree

A

Fucks with human remains or property buried with human remains for purposes of commercial sale or exploitation

140
Q

Desecration of venerated object second degree

A

Desecrates public monuments, place of worship, flag or religious symbol

141
Q

Institutional vandalism

A

Commits vandalism in regards to some type of discrimination

142
Q

Violating Graves

A

Damages graves or removed property from gravesites

143
Q

Cruelty to animals first degree

A

Dog fighting or owning a property which dogfighting is conducted

144
Q

Cruelty to animals second degree

A
  1. Cruel or injurious mistreatment to a four legged animal
  2. Cruel neglect of any animal
  3.  Kill any animal by poisoning
145
Q

Torture of dog or cat penalties

A

Class a misdemeanor
Class D felony if animal suffers SPI or death

146
Q

Disrupting meetings and processions first degree vs second degree

A

First degree is funeral services
Second degree is any meeting or gathering

147
Q

Interference with a funeral

A

One hour prior to in one hour following a funeral, obstructs or interferes with access to any funeral services

148
Q

Failure to disperse

A

Two or more persons in the course of disorderly conduct, refuses to disperse

149
Q

Assault on service animal first degree vs second

A

Kills or SPI to service animal or physical injury by means of weapon

Second is just causes physical injury to animal

150
Q

Eavesdropping, installing eavesdropping devices, and possession of eaves dropping device

A

these different charges exist apparently

151
Q

Tampering with private communication

A

Unlawfully opens or reads sealed letter

152
Q

Divulging illegally obtained information

A

A person is guilty of divulging illegally obtained information when a person divulges illegally obtained information

153
Q

Felon in possession penalties

A

Class D unless the gun is a hand gun. Then it’s Class C

154
Q

Use of restricted ammunition penalties

A

Armor piercing or flanged…..
Class D no shot fired
Class C shot fired, not injury
Class B shot fired, injury
Class A shot fired, murder

155
Q

Possession of handgun by minor

A

Under the age of 18

156
Q

WMD first

A

Intentionally uses WMD and causes the death or serious physical injury to another

157
Q

WMD second

A

Physical injury results from WMD or

Places a WMD on school or governmental property (includes buses)

158
Q

WMD 3rd

A

Places a WMD anywhere. No injury

159
Q

Promoting gambling first degree

A
  1. Engages in bookmarking while employing three or more persons with bets totaling more than $500 or
  2. Receives more than $500 in a scheme or
  3. Sets up and operates gambling device
160
Q

Promoting gambling second degree

A

Knowingly profits from unlawful gambling

161
Q

Conspiracy to gamble, permitting gambling, possession of gambling device

A

These charges exist

162
Q

Possession of gambling records first degree vs second degree

A

Possesses any record used in a book marking scheme with bets over $500

Under $500 is second degree

163
Q

Promoting prostitution penalties

A

Class A unless Manages a house or business for prostitution activity with two or more prostitutes. That’s a class D felony

164
Q

Prostitution with knowledge of STD

A

Class a misdemeanor unless the STD is HIV. Then it’s class D felony

165
Q

Human trafficking

A

Force labor or commercial sex through force fraud or coercion. Juvenile subject to trafficking do not require Force fraud or coercion

Penalties for trafficking juveniles will be one degree higher

166
Q

Promoting human trafficking

A

Benefits from participation in human trafficking to include recruiting, transporting, or harboring persons known to be human trafficked

167
Q

Treatment of minor suspectEd of prostitution

A

Shall not be prosecuted. Should immediately be placed in the custody of the cabinet 

168
Q

Forfeitures in regards to human trafficking

A

50% goes to human trafficking victims fund
42.5% goes to agency that seized the property
7.5% goes to the appropriate prosecutors office

169
Q

Bigamy

A

Multiple spouses or cohabits in KY after bigamous marriage in another state

170
Q

Incest & penalties

A

Ancestor, descendent, uncle, aunt, brother or sister. Step parent and adopted parent included

Class C if consenting adults
Class B if force or juvenile
Class A if victim is less than 12 or SPI

171
Q

Abandonment of a minor

A

Person with legal custody desserts minor in any place that in dangers their life or health

172
Q

Unlawful transaction with a minor first- degree

A

Causes minor to engage in illegal sexual activity or illegal narcotic activity other than marijuana

Class C if minor is less than 18
Class B if minor is less than 16
Class A felony minor incurs physical injury

173
Q

Unlawful transaction second degree

A

Causes minor to engage in smoking marijuana, illegal gambling, or any felony crime

174
Q

Unlawful transaction third

A
  1. Causes minor to engage in Alcohol drinking or
  2. Any criminal activity, or
  3. they become a habitual truant,
  4. or causes them to disobey their guardian
175
Q

Endangering the welfare of an incompetent person

A

Knowingly causes injury to physical or mental welfare of an incompetent person

176
Q

Video Voyeurism

A

Records privates of another and distributes any image obtained

177
Q

Distribution of explicit images without consent

A

Distribute with the intent to profit or harm the person depicted

If profit is gained penalty goes from class A misdemeanor to class D felony

178
Q

Use of minor in sexual performance AND promote sex performance by minor penalties

A

Same as unlawful transaction first

179
Q

Possession of matter portraying a sex performance by minor penalties

A

Class D unless minor being portrayed is less than 12. Then it’s Class C.

180
Q

Sentencing terms for offenses

A

Class B Misdemeanor less than 90 days
Class A Misdemeanor between 90 days and twelve months
Class D Felony 1 to 5 years
Class C Felony 5-10 years
Class B Felony 10-20 years
Class A Felony 20-50 years