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KRS Law Review

Terms in this set (42)

What are the 4 degrees of homicide?
Muder, Manslaughter 1st, Manslaughter 2nd, Reckless homicide
Murder
Intent to cause death, and causes death of another or of a 3rd person

Murder is a capitol offense
Manslaughter 1st degree
Intent to cause serious physical injury and causes death

Intent to cause death of another person and causes the death of the person while under extreme emotional disturbance

Class B felony
Manslaughter 2nd
Wantonly causes the death of another person or death results from
-person operating motor vehicle
-leaving a child under 8 in vehicle where circumstances manifest an extreme indifference of human life

Class C felony
Reckless Homicide
Recklessly causes the death of another person

Class D Felony
Fetal Homicide
Fetal homicide 1st is the same as murder
Fetal homicide 2nd is the same as Manslaughter 1st, etc
3 Fetal Homicide Exceptions
1) Never the mothers fault
2) Does not apply to abortions
3) Doesn't apply to doctors who are acting in the course of normal medical care.

Death penalty is never given
How many degrees of assaults are there?
4
Assault 1st
-Intentionally causes serious physical injury with a deadly weapon or dangerous instrument
- Under circumstances manifesting extreme indifference to human life, he wantonly creates a grave risk of death

Class B felony
Assault 2nd
-Intentionally causes serious physical injury to another
-intentionally cause physical injury by means of a deadly weapon or dangerous instrument
-wantonly causes serious physical injury by means of a deadly weapon or dangerous instrument

Class C felony
Assault 3rd
Recklessly with a deadly weapon or dangerous instrument OR intentionally causes or attempts to cause physical injury to
-A state, county, city, or federal police officer
-An employee in a detention center (includes throwing feces, urine, or bodily fluid)
-A social worker while performing job related duties
-A probation or parole officer
-Transportation officer (Fire/EMS)
-Public/ Private school employee

Class D Felony
Assault 4th
-Intentionally or wantonly causes physical injury to another
-Recklessly causes physical injury by means of a deadly weapon or dangerous instrument

Class A Misdemeanor
ARRESTABLE BY HB463 (DV Only)
Menacing
Intentionally places another in reasonable apprehension of immediate physical injury

Class B Misdemeanor ARRESTABLE BY HB463
Wanton Endangerment 1st
With extreme indifference to human life
-wantonly engages in conduct that creates subsantial danger of death or serious physical injury

Class D Felony
Wanton Endangerment 2nd
Wantoly engages in conduct that creates a substantial danger of physical injury

Class A Misdemeanor
ARRESTABLE BY HB463
Terroristic Threatening 1st
Intentionally makes false statements that there is a WMD on
-Real property/ buildings of any public or private school
-Bus or school vehicle
-Property/ building that is the site of an official school function
-property/ building owned by a government agency
OR
Intentionally places a counterfeit WMD on any of the above

Class C Felony
Terroristic Threatening 2nd
Intentionally threatens to commit an act likely to result in death or serious physical injury to
-Student group, teacher, volunteer, or employee of a school
OR
Intentionally makes false statements on placing WMD or actually places a counterfeit WMD on any location other than a school/ government building

Class D Felony
Criminal Abuse 1st
Intentionally abuses, or permits abuse of a person he has custody of, and thereby
-Causes serious physical injury
-Places him in a situation that may cause serious physical injury
-causes torture or cruel confinement/ punishment
to a person 12 or younger OR a person who is physically or mentally helpless

Class C Felony
Criminal Abuse 2nd
Wantonly abuses, or permits the abuse of a person he has custody of, and thereby:
-Causes serious physical injury
-Places him in a situation that may cause serious physical injury
-causes torture or cruel confinement / punishment
to a person 12 or younger OR a person who is physically or mentally helpless

Class D Felony
Criminal Abuse 3rd
Recklessly abuses, or permits the abuse of a person he has custody of, and thereby:
-Causes serious physical injury
-Places him in a situation that may cause serious physical injury
-causes torture or cruel confinement / punishment
to a person 12 or younger OR a person who is physically or mentally helpless

Class A Misdemeanor
ARRESTABLE BY HB463
Burglary 1st
With the intent to commit a crime, he enteres and remains unlawfully in a building, and during entry, while inside, or immediate flight from
-Is armed with explosives or a deadly weapon
-Causes physical injury to a person who is not a participant
-Uses, or threatens use of, a dangerous instrument against a person not a part of the crime

Class B Felony
Burglary 2nd
Intent to commit a crime, he knowingly enters or remains unlawfully in a dwelling

Class C Felony
Burglary 3rd
Intent to commit a crime, he knowingly enters or remains unlawfully in a building

Class D Felony
Criminal Trespass 1st
Knowingly enters or remains unlawfully in a dwelling

Class A Misdemeanor
Criminal Trespass 2nd
Knowingly enters or remains unlawfully in a building
OR
Upon premises as to which notice against trespass is given by fencing

Class B Misdemeanor
Criminal Trespass 3rd
Knowingly enters or remains unlawfully in or upon premises

Violation
ARRESTABLE BY HB463
Criminal Mischief 1st
When having no right to do so, he intentionally or wantonly destroys any property causing loss of $1,000 or more

Class D Felony
Criminal Mischief 2nd
When having no right to do so, he intentionally or wantonly destroys any property causing loss of $500-under $1000

Class A Misdemeanor
Criminal Mischief 3rd
When having no right to do so, he intentionally or wantonly destroys any property causing loss of under $500

Class B Misdemeanor
Theft by Unlawful Taking
Intentionally and unlawfully takes or exercises control over movable property of another OR obtains immovable property of another with intent to benefit himself or another

Class A Misdemeanor Unless
-Its a firearm= D Felony
-Anhydrous ammonia= D Felony (intent to make meth= B Felony)
-Controlled substances <$10,000 (D Felony)
-Property is $500 or more but less than $10,000 (D Felony)
Robbery 1st
In the course of committing theft, he uses or threatens the immediate use of physical force upon another with intent to accomplish the theft and
-Causes physical injury to any person who is not a part in the crime
-Is armed with a deadly weapon
-Uses or threatens the immediate use of a dangerous instrument upon any person who is not a part in the crime

Class B Felony
Robbery 2nd
In the course of committing theft, he uses or threatens the immediate use of physical force upon another person with intent to accomplish the theft

Class C Felony
Forgery 1st
With intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument which is
-Part of an issue of money stamps, securities or other valuable instruments issued by the government
-Part of an issue of stock, bonds or other instruments representing interest

Class C Felony
Forgery 2nd
With intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument which is
-A deed, will, codicil, contract, assignment, commercial instrument, or credit card
-A public record or an instrument filed or required or authorized by law to be filed in or with a public office
-A written instrument officially issued or created by a public office

Class D Felony
Forgery 3rd
With intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument

Class A Misdemeanor
Kidnapping
Unlawful restraint of another person with intent to
-Hold for ransom or reward
-To accomplish or advance the commission of a felony
-To inflict bodily harm/ terrorize the victim
-To interfere with the performance of governmental function
-To use as shield or hostage
-To deprive the parents/ guardian the custody of a minor
Kidnapping Penalties
Class B Felony- Victim is released alive in a safe place before trial

Class A Felony- Victim is released alive but has suffered a serious physical injury during the kidnapping

Capitol Offense- Victim is not released alive OR victim is released alive but dies as a result of serious physical injury, not being released in a safe place, or being released in circumstances which lead to the victims death
Unlawful Imprisonment 1st
Knowingly and unlawfully restrains another under circumstances that expose the person to a risk of serious physical injury

Class D Felony
Unlawful Imprisonment 2nd
Knowingly and unlawfully restrains another person

Class A Misdemeanor
Perjury 1st
-Makes material false statements which he does not believe in any official proceeding under oath
-Makes material false statements which he does not believe with intent to mislead a public servant
(Oral false statement)

Class D Felony
Perjury 2nd
Makes material false statements in a subscribed written instrument with intent to mislead a public servant
(Written false statement)

Class A Misdemeanor
False Swearing
Makes false statements, which he does not believe, under oath

Class B Misdemeanor
Sets found in the same folder