State Codes and Statutes

State Codes and Statutes

Statutes > Kentucky > 017-00 > 500

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</p> <p>Page 1 of 3<br /> 17.500 Definitions for KRS 17.500 to 17.580.<br /> As used in KRS 17.500 to 17.580: <br />(1) &quot;Approved provider&quot; means a mental health professional licensed or certified in<br /> Kentucky whose scope of practice includes providing mental health treatment <br />services and who is approved by the Sex Offender Risk Assessment Advisory <br />Board, under administrative regulations promulgated by the board, to provide <br />comprehensive sex offender presentence evaluations or treatment to adults and <br />youthful offenders, as defined in KRS 600.020;<br /> (2) &quot;Cabinet&quot; means the Justice and Public Safety Cabinet; <br />(3) (a) Except as provided in paragraph (b) of this subsection, &quot;criminal offense<br /> against a victim who is a minor&quot; means any of the following offenses if the <br />victim is under the age of eighteen (18) at the time of the commission of the <br />offense: <br />1.<br /> Kidnapping, as set forth in KRS 509.040, except by a parent;<br /> 2.<br /> Unlawful imprisonment, as set forth in KRS 509.020, except by a <br />parent;<br /> 3.<br /> Sex crime;<br /> 4.<br /> Promoting a sexual performance of a minor, as set forth in KRS <br />531.320;<br /> 5.<br /> Human trafficking involving commercial sexual activity, as set forth in <br />KRS 529.100;<br /> 6.<br /> Promoting prostitution, as set forth in KRS 529.040, when the defendant <br />advances or profits from the prostitution of a person under the age of <br />eighteen (18);<br /> 7.<br /> Use of a minor in a sexual performance, as set forth in KRS 531.310;<br /> 8.<br /> Sexual abuse, as set forth in KRS 510.120 and 510.130;<br /> 9.<br /> Unlawful transaction with a minor in the first degree, as set forth in KRS <br />530.064(1)(a);<br /> 10. Any offense involving a minor or depictions of a minor, as set forth in<br /> KRS Chapter 531;<br /> 11. Any attempt to commit any of the offenses described in subparagraphs 1.<br /> to 10. of this paragraph; and<br /> 12. Solicitation to commit any of the offenses described in subparagraphs 1.<br /> to 10. of this paragraph.<br /> (b) Conduct which is criminal only because of the age of the victim shall not be<br /> considered a criminal offense against a victim who is a minor if the <br />perpetrator was under the age of eighteen (18) at the time of the commission <br />of the offense;<br /> (4) &quot;Law enforcement agency&quot; means any lawfully organized investigative agency,<br /> sheriff&#8217;s office, police unit, or police force of federal, state, county, urban-county <br />government, charter county, city, consolidated local government, or a combination </p> <p>Page 2 of 3<br /> of these, responsible for the detection of crime and the enforcement of the general <br />criminal federal or state laws;<br /> (5) &quot;Registrant&quot; means:<br /> (a) Any person eighteen (18) years of age or older at the time of the offense or<br /> any youthful offender, as defined in KRS 600.020, who has committed: <br />1.<br /> A sex crime; or<br /> 2.<br /> A criminal offense against a victim who is a minor; or<br /> (b) Any person required to register under KRS 17.510; or <br />(c) Any sexually violent predator; or <br />(d) Any person whose sexual offense has been diverted pursuant to KRS 533.250,<br /> until the diversionary period is successfully completed;<br /> (6) &quot;Registrant information&quot; means the name, including any lawful name change<br /> together with the previous name, Social Security number, age, race, sex, date of <br />birth, height, weight, hair and eye color, fingerprints, DNA sample, a photograph, <br />aliases used, residence, electronic mail address and any instant messaging, chat, or <br />other Internet communication name identities, a brief description of the crime or <br />crimes committed, and other information the cabinet determines, by administrative <br />regulation, may be useful in the identification of registrants;<br /> (7) &quot;Residence&quot; means any place where a person sleeps. For the purposes of this statute,<br /> a registrant may have more than one (1) residence. A registrant is required to <br />register each residence address;<br /> (8) &quot;Sex crime&quot; means:<br /> (a) A felony offense defined in KRS Chapter 510, or KRS 530.020,<br /> 530.064(1)(a), 531.310, or 531.320;<br /> (b) A felony attempt to commit a felony offense specified in paragraph (a) of this<br /> subsection; or<br /> (c) A federal felony offense, a felony offense subject to a court-martial of the<br /> United States Armed Forces, or a felony offense from another state or a <br />territory where the felony offense is similar to a felony offense specified in <br />paragraph (a) of this subsection;<br /> (9) &quot;Sexual offender&quot; means any person convicted of, pleading guilty to, or entering an<br /> Alford plea to a sex crime as defined in this section, as of the date the verdict is <br />entered by the court;<br /> (10) &quot;Sexually violent predator&quot; means any person who has been subjected to<br /> involuntary civil commitment as a sexually violent predator, or a similar <br />designation, under a state, territory, or federal statutory scheme;<br /> (11) &quot;The board&quot; means the Sex Offender Risk Assessment Advisory Board created<br /> under KRS 17.554;<br /> (12) &quot;Victim&quot; has the same meaning as in KRS 421.500; <br />(13) &quot;DNA sample&quot; or &quot;deoxyribonucleic acid sample&quot; means a blood or swab specimen<br /> from a person, as prescribed by administrative regulation, that is required to provide </p> <p>Page 3 of 3<br /> a DNA sample pursuant to KRS 17.170 or 17.510, that shall be submitted to the <br />Department of Kentucky State Police forensic laboratory for law enforcement <br />identification purposes and inclusion in law enforcement identification databases; <br />and<br /> (14) &quot;Authorized personnel&quot; means an agent of state government who is properly trained<br /> in DNA sample collection pursuant to administrative regulation.<br /> Effective: March 27, 2009 <br />History: Repealed and reenacted 2009 Ky. Acts ch. 105, sec. 4, effective March 27,<br /> 2009. &#8212; Amended 2008 Ky. Acts ch. 158, sec. 12, effective July 1, 2008. &#8212; Amended <br />2007 Ky. Acts ch. 19, sec. 8, effective June 26, 2007; ch. 29, sec. 1, effective June <br />26, 2007; and ch. 85, sec. 99, effective June 26, 2007. &#8212; Amended 2006 Ky. Acts <br />ch. 182, sec. 5, effective July 12, 2006. &#8212; Amended 2000 Ky. Acts ch. 401, sec. 15, <br />effective April 11, 2000. &#8212; Created 1994 Ky. Acts ch. 392, sec. 1, effective July 15, <br />1994. </p> <p>