THE LAW

Louisville Criminal Defense Lawyer


Below will be a series of statutes that are newly updated.  In most situations the annotated portion of the law will accompany the statute.   The annotated portion, or the cases that are defining the words and meaning of the statutes, really create the true definition of the statute.  Without going into legal training, statutes are written, passed through the legislature and ultimately signed into law by the executive branch.  The plain meaning of the statute, as it is written in black and white, only creates a starting point.  A statute will then take on new meaning as different parties appeal trial cour'st decisions, both district and circuit court.  As the years go on the law is there, having new cases for appeal tendered and the law as written, in black in white, inevitably is a distant relative at best, of the law it was when first enacted.  

How each page of my website works, normally.  1.  Introduce the topic of the page, 2. Talk from a few sentences to a few paragraphs in regards to area of law, my experience with the law and what the affect of these decisions area the law at the instant time.  

The Law, Reality and Pet Peeves based upon Rumors 
Louisville Attorney with Fun Facts about Kentucky and the Commonwealth


Commonwealth Picked it Up: This is a Commonwealth State: Commonwealth Defense Attorney Pet Peeves. 

Firearm crimes and handgun charges lead to a lot of arrests. Our Louisville Firearms Louisville Criminal Defense Attorney can help with bond or anything else in Louisville, and surrounding counties.   
After arrest if your case was dismissed in District Court because of an officer's inability to show up or other evidentiary issues the next step is indictment. An indictment is a charging document resulting from the submission of a case to the grand jury. This is a one sided, or ex-parte proceeding. The Criminal Defense Attorney is not invited nor is the defendant. If they want you indicted then it will happen. Hence the saying, "they could indict a ham sandwich."  

If an indictment ensues AFTER a district court dismissal without prejudice then the Commonwealth successfully "picked it up." The case went up, or up the elevators. The "up" and "up the elevators" reference is describing the courts physical situation. In Oldham County, District Court resides on the first floor of the municipal building in LaGrange. Circuit Court resides on the 3rd floor of the same building. The cases literally went up (presented to the Grand Jury, , and probably did take the elevator. This up and down analogy is true in many jurisdictions. Higher Courts have always been held to mean courts who cannot accept appeals from other courts, lower courts. "The Supreme Court is the highest court in America." So, if new buildings are made Circuit, or a states felony jurisdictional courts are usually physically above district courts, or misdemeanor courts.   

Just understand / kind of a pet peeve: I hear this all the time. "I already know. Kentucky is a Commonwealth and will throw the books at you." I am Hearing this too much and it is driving me crazy. Kentucky is a Commonwealth State, just like Pennsylvania, Virginia and Massachusetts. The term Commonwealth really translates to the word "State" today and since the inception of its name. It is politically based, surprise, and was just these states determination to use the word "commonwealth" so close to the War of Independence. Like every other commonwealth and state, Kentucky's criminal law is reduced to statutes further defined by caselaw. There is no difference between Commonwealths and States in the Union.  

Most people in the process of being arrested or those whose property is being searched for illegal substances or crime evidence are thinking about a lawyer. They are not thinking about a particular lawyer, but in their mind the best attorney. It would be interesting to see the image of an attorney imagined by the person being arrested or whose property is being searched. I bet they envision an attorney that resembles a superhero. Their superhero lawyer would be the best criminal lawyer and best criminal trial attorney in Louisville, Oldham County and the world! An attorney who could swoop down to the location of the arrest and carry him off. Or, an attorney who could appear during the search and seizure and foil probable cause, setting them free.  
  
Everyone wants to feel safe, to discuss their problems, and to know where they are and where they are going. Since superheroes don't exist people accused of crimes do what everyone else does and hire an attorney. If they have not settled for an attorney somewhere along the way, then they will ultimately find me!  

Louisville Legal Defense Attorney

Kentucky Statutes and Cases:  State and Federal

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Useful Kentucky Statutes:
Need the law with annotations?  Ask, I'll send. 

Driving Under the Influence Charge - Click Choice of Evils Defense - Click

My Goal:

McLeod Law's goal is obtain the level of sharpest pretrial Defense and all the other "life" going on before your charges.
We identify the issues and resolve them. My grandfather told me that I would realize some day how to identify certain people that were "more heat than light."  
He commented once that talking to this particular gentleman on the phone was like "trying to nail jello to the wall." Further, he stated that trying to explain the most basic of concepts was distant and he felt the guy was asking him to "describe the color purple."  
He rarely said the same thing twice, but these three quotes I remember, as well as, hundreds more. They are life lessons in context. 
When identifying the issues, trust that we will know who is more heat than light. That some people aren't going to ever listen and even others will never get it no matter how many times you explain it. 
We get it. We will get your situation, as a normal person going through life and its stressors and you, our client, who has a temporary issue that we will resolve.  
It is representing people with "life" going on all around you and you have to deal with it all. We are the best at this and at criminal defense and criminal defense trials.  
Let us help and take the anxiety out of the situation. -Brendan McLeod

Trafficking Charge Attorney: 
The law and its penalties for possession and trafficking.  

Money Laundering in too plain of english.  Structuring in Federal Court. 

KRS 218A.1405 Use and investment of drug-related income – Penalties (1) It shall be unlawful for any person who has knowingly received any income derived directly or indirectly from trafficking in a controlled substance to use or invest any part of that income, or any proceeds thereof, to acquire any property, or to establish or operate any commercial enterprise. (a) As used in this section, "property" includes real and personal property, whether tangible or intangible. (b) As used in this section, "commercial enterprise" means any proprietorship, partnership, corporation, association or other legal entity, including any individual or group not a legal entity, which is engaged in any business or commercial activity or whose activities affect business or commerce. (2) Any person who violates this section shall be guilty of a Class D felony and, in addition to other penalties prescribed by law, shall forfeit any property constituting or derived from illicit activity.  

Penalties for Trafficking in controlled substance in first degree KRS 218A.1412 
Penalties in weighted drug trafficking and individual pill counts determining if you are charged as a Class C or the lessor trafficking charge Class D.  

First degree trafficking a person is guilty of trafficking in a controlled substance in the first degree when he or she knowingly and unlawfully traffics in: (a) Four (4) grams or more of cocaine; (b) Two (2) grams or more of heroin or methamphetamine; (c) Ten (10) or more dosage units of a controlled substance that is classified in Schedules I or II and is a narcotic drug or a controlled substance analogue; (d) Any quantity of lysergic acid diethylamide; phencyclidine; gamma hydroxybutyric acid (GHB), including its salts, isomers, salts of isomers and analogues; or flunitrazepam, including its salts, isomers, and salts of isomers; or (e) Any quantity of a controlled substance specified in paragraph (a), (b), or (c) of this subsection in an amount less than the amounts specified in those paragraphs. (2) The amounts specified in subsection (1) of this section may occur in a single transaction or may occur in a series of transactions over a period of time not to exceed ninety (90) days that cumulatively result in the quantities specified in this section. (3) (a) Except as provided in paragraph (b) of this subsection, any person who violates the provisions of this section shall be guilty of a Class C felony for the first offense and a Class B felony for a second or subsequent offense. (b) Any person who violates the provisions of subsection (1)(e) of this section shall be guilty of a Class D felony for the first offense and a Class C felony for a second offense or subsequent offense.

Penalties for Trafficking in controlled substance in second degree KRS 218A.1413

Second degree trafficking a person is guilty of trafficking in a controlled substance in the second degree when: (a) He or she knowingly and unlawfully traffics in: 1. Ten (10) or more dosage units of a controlled substance classified in Schedules I and II that is not a narcotic drug; or specified in KRS 218A.1412, and which is not a synthetic drug, salvia, or marijuana; or 2. Twenty (20) or more dosage units of a controlled substance classified in Schedule III; (b) He or she knowingly and unlawfully prescribes, distributes, supplies, or sells an anabolic steroid for: 1. Enhancing human performance in an exercise, sport, or game; or 2. Hormonal manipulation intended to increase muscle mass, strength, or weight in the human species without a medical necessity; or (c) He or she knowingly and unlawfully traffics in any quantity of a controlled substance specified in paragraph (a) of this subsection in an amount less than the amounts specified in that paragraph. (2) (a) Except as provided in paragraph (b) of this subsection, any person who violates the provisions of subsection (1) of this section shall be guilty of a Class D felony for the first offense and a Class C felony for a second or subsequent offense. (b) Any person who violates the provisions of subsection (1)(c) of this section shall be guilty of: SECTION 6: DRUGS 6.2.12 1. A Class D felony for the first offense, except that KRS Chapter 532 to the contrary notwithstanding, the maximum sentence to be imposed shall be no greater than three (3) years; and 2. A Class D felony for a second offense or subsequent offense.Acts that Enhance the penalties of Trafficking

Penalties for Trafficking in controlled substance in third degree KRS 218A.1414 

Third degree trafficking a person is guilty of trafficking in a controlled substance in the third degree when he or she knowingly and unlawfully traffics in: (a) Twenty (20) or more dosage units of a controlled substance classified in Schedules IV or V; or (b) Any quantity of a controlled substance specified in paragraph (a) of this subsection in an amount less than the amount specified in that paragraph. (2) (a) Any person who violates the provisions of subsection (1)(a) of this section shall be guilty of a Class A misdemeanor for the first offense and a Class D felony for a second or subsequent offense. (b) Any person who violates the provisions of subsection (1)(b) of this section shall be guilty of: 1. A Class A misdemeanor for the first offense, subject to the imposition of presumptive probation; and 2. A Class D felony for a second or subsequent offense, except that KRS Chapter 532 to the contrary notwithstanding, the maximum sentence to be imposed shall be no greater than three (3) years.

Trafficking in controlled substance in or near school.  KRS 218A.1411 
The always present enhancements!  

Exception for misdemeanor salvia offenses - Penalty (1) Any person who unlawfully traffics in a controlled substance classified in Schedules I, II, III, IV or V, or a controlled substance analogue in any building used primarily for classroom instruction in a school or on any premises located within one thousand (1,000) feet of any school building used primarily for classroom instruction shall be guilty of a Class D felony, unless a more severe penalty is set forth in this chapter, in which case the higher penalty shall apply. The measurement shall be taken in a straight line from the nearest wall of the school to the place of violation. (2) The provisions of


Domestic Violence Law:

Definitions:   

"Domestic violence and abuse" means physical injury, serious physical injury, sexual abuse, assault, or the infliction of fear of imminent physical injury, serious physical injury, sexual abuse, or assault between family members or members of an unmarried couple; (2) "Family member" means a spouse, including a former spouse, a grandparent, a parent, a child, a stepchild, or any other person living in the same household as a child if the child is the alleged victim; (3) “Global positioning monitoring system” means a system that electronically determines a person’s location through global positioning satellite technology, radio frequency technology, or a combination thereof and reports the location of an individual through the use of a transmitter or similar device worn by that individual and that transmits latitude and longitude data to a monitoring entity. The term does not include any system that contains or operates global positioning system technology, or any other similar technology, that is implanted or otherwise invades or violates the individual’s body; and (4) "Member of an unmarried couple" means each member of an unmarried couple which allegedly has a child in common, any children of that couple, or a member of an unmarried couple who are living together or have formerly lived together. EDITOR’S NOTE: In Ireland v. Davis, 957 S.W.2d 310 (Ky App 1997), the Kentucky Court of Appeals ruled that “KRS 403.715 - .785 affords protection to same-sex couples just as they do to the others enumerated therein.” The court also stated that “’couples’ . . . refers to two people engaged in an intimate relationship and would not include roommates.” Although this latter statement is “mere dicta”, the court thus gave indication as to how it might rule in a case involving roommates not in an intimate (i.e., sexual) relationship. The court would probably rule the same way in a case involving KRS 431.005.

The Petition:  Who may file an Emergency Protective Order

Protective orders (1) Any family member or member of an unmarried couple who is a resident of this state or has fled to this state to escape domestic violence and abuse may file a verified petition in the District Court of the county in which he resides. If the petitioner has left his usual place of residence within this state in order to avoid domestic violence and abuse, the petition may be filed and proceedings held in the District Court in the county of his usual residence or in the District Court in the county of current residence. Any family member or member of an unmarried couple who files a petition for an emergency protective order in District or Circuit Court shall make known to the court any custody or divorce actions, involving both the petitioner and the respondent, that are pending in any Circuit Court in the Commonwealth. The petition shall also include the name of the court where filed. (2) Any family member or any member of an unmarried couple, as those terms are defined in KRS 403.720, may file for and receive protection under KRS 403.715 to 403.785, notwithstanding the existence of or intent to file an action in the Circuit Court by either party under the provisions of this chapter. (3) A petition filed pursuant to subsection (1) of this section may be filed by the family member or member of an unmarried couple seeking relief or by an adult family member or member of an unmarried couple on behalf of a minor family member. (4) If a family member files an action for dissolution of marriage or child custody in Circuit Court, the Circuit Court shall have jurisdiction to issue a protective order upon the filing of a verified motion therein either at the commencement or during the pendency of the action in Circuit Court pursuant to the provisions of KRS 403.730 to 403.785. (5) No Circuit or District Court shall require mediation, conciliation, or counseling prior to or as a condition of issuing an emergency protective order or domestic violence order. (6) When the elected, appointed, or special judge of the district is absent from the district, otherwise unavailable, or unable to act, any Circuit Judge shall have the authority to issue an emergency protective order pursuant to KRS 403.730 to 403.785. If a Circuit Judge issues an emergency protective order, except as otherwise provided in this section, that judge shall conduct the hearing as required by KRS 403.745 and any order issued shall be enforced as provided in this chapter. (7) During any hearing in Circuit Court on dissolution of marriage, child custody, or visitation, at which both parties are present or represented by counsel, the Circuit Judge shall have the authority to issue a protective order pursuant to KRS 403.730 to 403.785. (8) Following the issuance of a protective order under this section, if the judge who issued the order is absent from the district, otherwise unavailable, or unable to conduct proceedings regarding the enforcement, violation, or modification of the order within a reasonable time, the proceedings shall be conducted by any District or Circuit Judge.

Review by the Judge

Access to emergency protective orders – Local protocol in domestic violence matters – Time at which orders of protection take effect (1) Upon the filing of a petition, as provided for in KRS 403.725, the court, after review of the petition and determining that domestic violence and abuse exists, without a jury, shall utilize one (1) of the alternatives provided for in KRS 403.740 or 403.745. (2) A court may issue mutual protective orders only if a separate petition is filed by the respondent. Pursuant to KRS 403.740 and 403.750, the court shall then provide orders, sufficiently specific to apprise any peace officer as to which party has violated the order if there is probable cause to believe a violation of the order has occurred. (3) (a) All courts shall provide twenty-four (24) hour access to emergency protective orders. (b) Each court shall submit written procedures for twenty-four (24) hour accessibility to be reviewed and approved by the Kentucky Supreme Court. (c) Each court shall establish the local protocol in domestic violence matters in which there may be joint jurisdiction between District and Circuit Court. Each court shall submit the written procedures to be reviewed and approved by the Kentucky Supreme Court. (d) All amendments or revisions to the local procedures required pursuant to this section shall be submitted to the Kentucky Supreme Court for review and approval. (4) If an emergency protective order is not issued, the court shall note on the petition, for the record, any action taken or denied and the reason for it. (5) If the court determines that the petitioner is not eligible for an emergency protective order, the court shall inform the petitioner of the petitioner’s ability to contact the county attorney as provided in KRS 403.743. (6) An order of protection issued under the provisions of KRS 403.715 to 403.785 shall become effective and binding on the respondent at the time of personal service or when the respondent is given notice of the existence and terms of the order by a peace officer or the court, whichever is earlier. After notice of the existence and terms of the order is given to the respondent, a peace officer or the court may enforce the terms of the order, and act immediately upon any violation of the order. After notice of the order, all reasonable efforts shall be made by the peace officer or the court to arrange for personal service of the order upon the respondent.

Emergency Protective Order.

If, upon review of the petition, as provided for in KRS 403.735, the court determines that the allegations contained therein indicate the presence of an immediate and present danger of domestic violence and abuse, the court shall issue, upon proper motion, ex parte, an emergency protective order: (a) Restraining the adverse party from any contact or communication with the petitioner except as directed by the court; (b) Restraining the adverse party from committing further acts of domestic violence and abuse; (c) Restraining the adverse party from disposing of or damaging any of the property of the parties; (d) Restraining the adverse party from going to or within a specified distance of a specifically described residence, school, or place of employment of the petitioner, minor child of the petitioner, family member, or member of an unmarried couple protected in the order; (e) Directing the adverse party to vacate the residence shared by the parties to the action; (f) Utilizing the criteria set forth in KRS 403.270, 403.320, and 403.420, grant temporary custody; (g) Restraining the adverse party from approaching the petitioner or a minor child of the petitioner within a distance specified in the order, not to exceed five hundred (500) feet; or (h) Enter other orders the court believes will be of assistance in eliminating future acts of domestic violence and abuse; or any combination thereof, except that the use of a global positioning system shall not be ordered. KRS CHAPTER 403 – DOMESTIC VIOLENCE AND ABUSE 3.13 (2) Except as provided in KRS 403.036, if the court issues an emergency protective order pursuant to subsection (1) of this section, the court shall not order or refer the parties to mediation for resolution of the issues alleged in the petition filed pursuant to KRS 403.735. (3) An emergency protective order issued in accordance with this section shall be issued without bond being required of the petitioner. (4) An emergency protective order issued in accordance with this section shall be effective until the full hearing provided for in this subsection or in KRS 403.745, or until withdrawn by the court. Upon the issuance of an emergency protective order, the court shall set a date and time for a full hearing, within fourteen (14) days as provided for in KRS 403.745, and shall summon the adverse party to appear. If, at the hearing, the adverse party is not present and has not been served, the emergency protective order shall remain in place, and the court shall direct the issuance of a new summons for a hearing set not more than fourteen (14) days in the future. If service has not been made on the adverse party prior to seventy-two (72) hours before that hearing or a subsequent hearing, the emergency protective order shall remain in place and the court shall continue the hearing and issue a new summons with a new date and time for the hearing to occur, which shall be within fourteen (14) days of the originally scheduled date for the continued hearing. Before issuing the new summons, the court shall note the length of time that has passed since the issuance of the emergency protective order, during which the adverse party has not been served. The court shall repeat the process of continuing the hearing and reissuing a new summons after noting the lapse of time since the issuance of the emergency protective order until the adverse party is served at least seventy-two (72) hours in advance of the scheduled hearing. In issuing the summons, the court shall simultaneously transmit a copy of the summons or notice of its issuance and provisions to the petitioner. (5) The adverse party shall be personally served with a copy of the emergency protective order, a copy of the notice setting the full hearing, and a copy of the petition. Service may be made in the manner and by the persons authorized to serve subpoenas under the provisions of Rule 45.03 of the Rules of Civil Procedure. No service fee shall be assessed to the petitioner. (6) (a) The provisions of this section permitting the continuance of an emergency protective order shall be limited to six (6) months from the issuance of the initial emergency protective order. (b) If the respondent has not been served within the six (6) month period, the emergency protective order shall be rescinded without prejudice. Prior to the expiration of the emergency protective order, the court shall provide notice to the petitioner stating that if the petitioner does not file a new petition the order shall be rescinded without prejudice. (c) A new emergency protective order shall not be issued by the court unless the petitioner files a new petition, which shall start the six (6) month process again. (d) The total length of time that a series of emergency protective orders may remain in effect without the respondent being served shall not exceed two (2) years.

Enforcement from Foreign Emergency Protective Order.

A court of this state shall enforce a foreign protective order authenticated pursuant to KRS 403.737, 403.7521, and 403.7524, including an order which grants relief to a person who is not eligible for a protective order in this state. A court of this state shall enforce all provisions of a foreign protective order including provisions which grant relief that is not available in this state. Any foreign protective order that has been properly authenticated and that comes within the purview of KRS 403.7524 shall be effective for the period of time fixed by the issuing court. KRS 403.7529 Presumption of validity – Enforcement by peace officers (1) All foreign protective orders shall have the rebuttable presumption of validity. The validity of a foreign protective order shall only be determined by a court of competent jurisdiction. Until a foreign protective order is declared to be invalid by a court of competent jurisdiction, it shall be given full faith and credit by all peace officers and courts in the Commonwealth. (2) All peace officers shall treat a foreign protective order as a legal document, valid in Kentucky, and shall make arrests for a violation thereof in the same manner as for a violation of an emergency protective order or domestic violence order issued in Kentucky. (3) The fact that a foreign protective order has not been entered into the Law Information Network of Kentucky shall not be grounds for a peace officer not to enforce the provisions of the order unless it is readily apparent to the peace officer to whom the order is presented that the order has either expired according to a date shown on the order, or that the order's KRS CHAPTER 403 – DOMESTIC VIOLENCE AND ABUSE 3.15 provisions clearly do not prohibit the conduct being complained of. Officers acting in good faith shall be immune from criminal and civil liability. (4) In the event that the order has expired or its provisions do not prohibit the conduct being complained of, the officer shall not make an arrest unless the provisions of a Kentucky statute have been violated, in which case the peace officer shall take the action required by Kentucky law.

KRS 403.720 Definitions for KRS 403.715 to 403.785 As used in KRS 403.715 to 403.785:

(1) "Domestic violence and abuse" means physical injury, serious physical injury, sexual abuse, assault, or the infliction of fear of imminent physical injury, serious physical injury, sexual abuse, or assault between family members or members of an unmarried couple; (2) "Family member" means a spouse, including a former spouse, a grandparent, a parent, a child, a stepchild, or any other person living in the same household as a child if the child is the alleged victim; (3) “Global positioning monitoring system” means a system that electronically determines a person’s location through global positioning satellite technology, radio frequency technology, or a combination thereof and reports the location of an individual through the use of a transmitter or similar device worn by that individual and that transmits latitude and longitude data to a monitoring entity. The term does not include any system that contains or operates global positioning system technology, or any other similar technology, that is implanted or otherwise invades or violates the individual’s body; and (4) "Member of an unmarried couple" means each member of an unmarried couple which allegedly has a child in common, any children of that couple, or a member of an unmarried couple who are living together or have formerly lived together. EDITOR’S NOTE: In Ireland v. Davis, 957 S.W.2d 310 (Ky App 1997), the Kentucky Court of Appeals ruled that “KRS 403.715 - .785 affords protection to same-sex couples just as they do to the others enumerated therein.” The court also stated that “’couples’ . . . refers to two people engaged in an intimate relationship and would not include roommates.” Although this latter statement is “mere dicta”, the court thus gave indication as to how it might rule in a case involving roommates not in an intimate (i.e., sexual) relationship. The court would probably rule the same way in a case involving KRS 431.005.

KRS 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.

KRS 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.

KRS 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. Paid or volunteer emergency medical services personnel certified or licensed pursuant to KRS Chapter 311A, if the event occurs while personnel are performing job-related duties; 5. A paid or volunteer member of an organized fire department, if the event occurs while the member is performing job-related duties; 6. Paid or volunteer rescue squad personnel affiliated with the Division of Emergency Management of the Department of Military Affairs or a local disaster and emergency services organization pursuant to KRS Chapter 39F, if the event occurs while personnel are performing job-related duties; 7. A probation and parole officer; 8. 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; 9. 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 10. 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 SECTION 8: KENTUCKY PENAL CODE 8.2.6 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, urine, or other bodily fluid to be thrown upon an employee of the facility. EDITOR’S NOTE: Although no mental state is specified in KRS 508.025(1) (b), read it as requiring a mental state of “intentionally” or “wantonly”. Covington v. Com., 849 S.W.2d 560 (Ky. App. 1992). (2) Assault in the third degree is a Class D felony.

KRS 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.
Wanton Endangerment - probably the most common felony to associate with domestic violence. Any redness around the neck or any type of automobile fiasco and it will be Wanton Endangerment.  

KRS 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.

KRS 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. 8.2: KRS CHAPTER 508 ASSAULT AND RELATED OFFENSES 8.2.7 (2) Wanton endangerment in the second degree is a Class A misdemeanor. KRS 508.075
Terroristic Threatening: First through Third Degree. All are listed, but only the Third Degree is ever listed as a domestic charge.   

KRS 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 of 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.

KRS 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.

KRS 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. SECTION 8: KENTUCKY PENAL CODE 8.2.8 (2) Terroristic threatening in the third degree is a Class A misdemeanor.

Stalking First and Second Degree

KRS 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; or 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.

KRS 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.

Burglary Statutes from the Kentucky Revised Statutes

Burglary in the 1st, 2nd and 3rd, Criminal Trespass 1st, 2nd, 3rd. 

KRS CHAPTER 511 BURGLARY AND RELATED OFFENSES

KRS 511.010 Definitions
The following definitions apply in this chapter unless the context otherwise requires: (1) "Building", in addition to its ordinary meaning, means any structure, vehicle, watercraft or aircraft: (a) Where any person lives; or (b) Where people assemble for purposes of business, government, education, religion, entertainment or public transportation. Each unit of a building consisting of two (2) or more units separately secured or occupied is a separate building. (2) "Dwelling" means a building which is usually occupied by a person lodging therein. (3) "Premises" includes the term "building" as defined herein and any real property. KRS 511.020 Burglary in the first degree (1) A person is guilty of burglary in the first degree when, with the intent to commit a crime, he knowingly enters or remains unlawfully in a building, and when in effecting entry or while in the building or in the immediate flight therefrom, he or another participant in the crime: (a) Is armed with explosives or a deadly weapon; or (b) Causes physical injury to any person who is not a participant in the crime; or (c) Uses or threatens the use of a dangerous instrument against any person who is not a participant in the crime. (2) Burglary in the first degree is a Class B felony. 

@@@Notice below at the bottom of the burglary and trespass.  At the very end is an addition of the law making it more unmaleable and tougher if committed during the commission of domestic problems. 

KRS 511.030 Burglary in the second degree
(1) A person is guilty of burglary in the second degree when, with the intent to commit a crime, he knowingly enters or remains unlawfully in a dwelling. (2) Burglary in the second degree is a Class C felony.

KRS 511.040 Burglary in the third degree
(1) A person is guilty of burglary in the third degree when, with the intent to commit a crime, he knowingly enters or remains unlawfully in a building. (2) Burglary in the third degree is a Class D felony.

KRS 511.050 Possession of burglar's tools
(1) A person is guilty of possession of burglar's tools when he possesses any tool, instrument or other thing adapted, designed or commonly used for committing or facilitating the commission of an offense involving forcible entry into premises or theft by a physical taking under circumstances which leave no reasonable doubt as to his: (a) Intention to use the same in the commission of an offense of such character; or (b) Knowledge that some other person intends to use the same in the commission of an offense of such character. (2) Possession of burglar's tools is a Class A misdemeanor.

KRS 511.060 Criminal trespass in the first degree

(1) A person is guilty of criminal trespass in the first degree when he knowingly enters or remains unlawfully in a dwelling. (2) Criminal trespass in the first degree is Class A Misdemeanor. SECTION 8: KENTUCKY PENAL CODE 8.3.2

KRS 511.070 Criminal trespass in the second degree
(1) A person is guilty of criminal trespass in the second degree when he knowingly enters or remains unlawfully in a building or upon premises as to which notice against trespass is given by fencing or other enclosure. (2) Criminal trespass in the second degree is a Class B misdemeanor.

KRS 511.080 Criminal trespass in the third degree
(1) A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in or upon premises. (2) Criminal trespass in the third degree is a violation.

KRS 511.085 Domestic violence shelter trespass
(1) As used in this section, “domestic violence shelter” means a residential facility providing protective shelter services for domestic violence victims. (2) A person is guilty of domestic violence shelter trespass when: (a) The person enters the buildings or premises of a domestic violence shelter that the person knows or should know is a domestic violence shelter or which is clearly marked on the building or premises as being a domestic violence shelter; and (b) At the time of the entering, the person is the subject of an order of protection entered under KRS 403.740 or 403.750 or a foreign protective order filed under KRS 403.7521. (3) It shall be a defense to a prosecution under this section that the person entered the shelter with the permission of the operator of the shelter after disclosing to the operator that the person is the subject of an order of protection or a foreign protective order. Authority to enter under this subsection may not be granted by a person taking shelter at the facility. (4) A person shall not be convicted of a violation of this section and a violation of KRS 511.060, 511.070, or 511.080 arising from the same act of trespass. (5) Domestic violence shelter trespass is a Class A misdemeanor. KRS 511.090 General provisions (1) A person "enters or remains unlawfully" in or upon premises when he is not privileged or licensed to do so. (2) A person who, regardless of his intent, enters or remains in or upon premises which are at the time open to the public does so with license or privilege unless he defies a lawful order not to enter or remain personally communicated to him by the owner of such premises or other authorized person. (3) A license or privilege to enter or remain in or upon premises which are only partly open to the public is not a license or privilege to enter or remain in or upon a part of the premises which is not open to the public. (4) A person who enters or remains upon unimproved and apparently unused land which is neither fenced nor otherwise enclosed does not commit criminal trespass unless notice against trespass is personally communicated to him by the owner of the land or some other authorized person or unless notice is given by posting in a conspicuous manner. (5) Private land adjoining a railtrail that is neither fenced nor otherwise enclosed shall be presumed to be land where notice against trespassing has been given by the owner of the land, and a person utilizing the railtrail shall be presumed to lack privilege or license to enter upon that land unless the person has permission from an adjoining landowner to do so.
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