Laws Lawyers Find Laws Legal Forms State Laws Bills

KENTUCKY STATUTES AND CODES

17.500 Definitions for KRS 17.500 to 17.580.

Listen
Download pdfLoading PDF... var pdf_url = 'http://law.justia.com/codes/kentucky/2009/017-00/pdf/500.pdf'; $(document).ready(function() { var embedwindow = $("#embed_document"); if ($.browser.msie){ embedwindow.html(''); } else { embedwindow.html(''); } }); Page 1 of 3 17.500 Definitions for KRS 17.500 to 17.580. As used in KRS 17.500 to 17.580: (1)"Approvedprovider"meansamentalhealthprofessionallicensedorcertifiedin Kentuckywhosescopeofpracticeincludesprovidingmentalhealthtreatment servicesandwhoisapprovedbytheSexOffenderRiskAssessmentAdvisory Board,underadministrativeregulationspromulgatedbytheboard,toprovide comprehensivesexoffenderpresentenceevaluationsortreatmenttoadultsand youthful offenders, as defined in KRS 600.020; (2)"Cabinet" means the Justice and Public Safety Cabinet; (3)(a)Exceptasprovidedinparagraph(b)ofthissubsection,"criminaloffense against a victim who isa minor" means any of the following offenses if the victim is under the age of eighteen (18) at the time of the commission of the offense: 1. Kidnapping, as set forth in KRS 509.040, except by a parent; 2. Unlawfulimprisonment,assetforthinKRS509.020,exceptbya parent; 3. Sex crime; 4. Promotingasexualperformanceofaminor,assetforthinKRS 531.320; 5. Human trafficking involving commercial sexual activity, as set forth in KRS 529.100; 6. Promoting prostitution, as set forth in KRS 529.040, when the defendant advancesorprofitsfromtheprostitutionofapersonundertheageof eighteen (18); 7. Use of a minor in a sexual performance, as set forth in KRS 531.310; 8. Sexual abuse, as set forth in KRS 510.120 and 510.130; 9. Unlawful transaction with a minor in the first degree, as set forth in KRS 530.064(1)(a); 10.Any offense involving a minor or depictions of a minor, as set forth in KRS Chapter 531; 11.Any attempt to commit any of the offenses described in subparagraphs 1. to 10. of this paragraph; and 12.Solicitation to commit any of the offenses described in subparagraphs 1. to 10. of this paragraph. (b)Conduct which is criminal only because of the age of the victim shall not be consideredacriminaloffenseagainstavictimwhoisaminorifthe perpetrator was under the age of eighteen (18) at the time of the commission of the offense; (4)"Lawenforcementagency"meansanylawfullyorganizedinvestigativeagency, sheriff'soffice,policeunit,orpoliceforceoffederal,state,county,urban-county government, charter county, city, consolidated local government, or a combination Page 2 of 3 of these, responsible for the detection of crime and the enforcement of the general criminal federal or state laws; (5)"Registrant" means: (a)Any person eighteen (18) years of age or older atthe time of the offense or any youthful offender, as defined in KRS 600.020, who has committed: 1. A sex crime; or 2. A criminal offense against a victim who is a minor; or (b)Any person required to register under KRS 17.510; or (c)Any sexually violent predator; or (d)Any person whose sexual offense has been diverted pursuant to KRS 533.250, until the diversionary period is successfully completed; (6)"Registrantinformation"meansthename,includinganylawfulnamechange togetherwiththepreviousname,SocialSecuritynumber,age,race,sex,dateof birth, height,weight, hair and eye color, fingerprints, DNA sample, a photograph, aliases used, residence, electronic mail address and any instant messaging, chat, or otherInternetcommunicationnameidentities,abriefdescriptionofthecrimeor crimes committed, and other information the cabinet determines, by administrative regulation, may be useful in the identification of registrants; (7)"Residence" means any place where a person sleeps. For the purposes of this statute, aregistrantmayhavemorethanone(1)residence.Aregistrantisrequiredto register each residence address; (8)"Sex crime" means: (a)AfelonyoffensedefinedinKRSChapter510,orKRS530.020, 530.064(1)(a), 531.310, or 531.320; (b)A felony attempt to commit a felony offense specified in paragraph (a) of this subsection; or (c)Afederalfelonyoffense,afelonyoffensesubjecttoacourt-martialofthe UnitedStatesArmedForces,orafelonyoffensefromanotherstateora territorywherethefelonyoffenseissimilartoafelonyoffensespecifiedin paragraph (a) of this subsection; (9)"Sexual offender" means any person convicted of, pleading guilty to, or entering an Alfordpleatoasexcrimeasdefinedinthissection,asof the date the verdictis entered by the court; (10)"Sexuallyviolentpredator"meansanypersonwhohasbeensubjectedto involuntarycivilcommitmentasasexuallyviolentpredator,orasimilar designation, under a state, territory, or federal statutory scheme; (11)"Theboard"meanstheSexOffenderRiskAssessmentAdvisoryBoardcreated under KRS 17.554; (12)"Victim" has the same meaning as in KRS 421.500; (13)"DNA sample" or "deoxyribonucleic acid sample" means a blood or swab specimen from a person, as prescribed by administrative regulation, that is required to provide Page 3 of 3 aDNAsamplepursuanttoKRS17.170or17.510,thatshallbesubmittedtothe DepartmentofKentuckyStatePoliceforensiclaboratoryforlawenforcement identificationpurposesandinclusioninlawenforcementidentificationdatabases; and (14)"Authorized personnel" means an agent of state government who is properly trained in DNA sample collection pursuant to administrative regulation. Effective:March 27, 2009 History:Repealedandreenacted2009Ky.Actsch. 105,sec. 4,effectiveMarch27, 2009. -- Amended 2008 Ky. Acts ch. 158, sec. 12, effective July 1, 2008. -- Amended 2007 Ky. Acts ch. 19, sec. 8, effectiveJune26, 2007; ch. 29, sec. 1, effectiveJune 26,2007;andch. 85,sec. 99,effectiveJune26,2007.--Amended2006Ky.Acts ch. 182, sec. 5, effective July 12, 2006. -- Amended 2000 Ky. Acts ch. 401, sec. 15, effective April 11, 2000. -- Created 1994 Ky. Acts ch. 392, sec. 1, effective July 15, 1994.
Loading...
  • Play
  • Pause
  • Volume:
  • Mute
  • Half
  • Max
  • Download pdf
    Loading PDF...


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

    Kentucky Forms by Issue

    Kentucky Court Forms
    > Criminal
    Kentucky Guardianship Forms
    Kentucky Tax Forms

    Kentucky Law

    Kentucky State Laws
        > Kentucky Child Support
        > Kentucky Gun Laws
        > Kentucky Statutes
    Kentucky Tax
        > Kentucky State Taxes
    Kentucky Agencies
        > Kentucky Department of Education
        > Kentucky Department of Insurance
        > Kentucky Department of Revenue
        > Kentucky Secretary of State
        > Kentucky Unemployment

    Kentucky Court Map

    Tips