GENERAL PROVISIONS

KRS tit. L, ch. 500

in effect

KRS 500.010 Title

500.010. Title KRS Chapters 500 to 534 shall be known as the Kentucky Penal Code. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 1, effective January 1, 1975.

KRS 500.020 Offenses defined by statute -- Common law abolished

500.020. Offenses defined by statute -- Common law abolished (1) Common law offenses are abolished and no act or omission shall constitute a criminal offense unless designated a crime or violation under this code or another statute of this state. (2) This provision shall not affect the power of a court to punish for contempt or to employ any sanction authorized by law for the enforcement of an order or a civil judgment or decree. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 2, effective January 1, 1975.

KRS 500.030 Rule of construction

500.030. Rule of construction All provisions of this code shall be liberally construed according to the fair import of their terms, to promote justice, and to effect the objects of the law. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 3, effective January 1, 1975.

KRS 500.040 Restrictions on applicability

500.040. Restrictions on applicability (1) The provisions of this code shall not apply to any offense committed prior to January 1, 1975, notwithstanding the provisions of KRS 446.110. Such an offense must be construed and punished according to the provisions of law existing at the time of the commission thereof in the same manner as if this code had not been enacted. (2) This code shall not bar, suspend or otherwise affect any right or liability to damages, penalty, forfeiture or other remedy authorized by law to be recovered or enforced in a civil action. (3) For purposes of this section, an offense shall be deemed to have been committed prior to January 1, 1975, if any element of the offense occurred prior thereto. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 4, effective January 1, 1975.

KRS 500.050 Time limitations

500.050. Time limitations (1) Except as otherwise expressly provided, the prosecution of a felony is not subject to a period of limitation and may be commenced at any time. (2) Except as otherwise expressly provided, the prosecution of an offense other than a felony must be commenced within one (1) year after it is committed. (3) (a) For a misdemeanor sex offense when the victim is a minor at the time of the offense, the prosecution of the offense shall be commenced within ten (10) years after the victim attains the age of eighteen (18) years. (b) As used in paragraph (a) of this subsection, "misdemeanor sex offense" means a misdemeanor offense in: 1. KRS Chapter 510; 2. KRS Chapter 531 involving a minor or depiction of a minor; or 3. KRS 506.010 or 506.030 for attempt to commit or solicitation to commit: a. Any of the offenses described in subparagraphs 1. and 2. of this paragraph; b. Promoting prostitution under KRS 529.040 when the defendant advances or profits from the prostitution of a minor; c. Human trafficking involving commercial sexual activity under KRS 529.100; d. Promoting human trafficking involving commercial sexual activity under KRS 529.110; or e. Unlawful transaction with a minor in the first degree under KRS 530.064(1)(a). (4) For purposes of this section, an offense is committed either when every element occurs, or if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant's complicity therein is terminated. Effective:March 23, 2021 History: Amended 2021 Ky. Acts ch. 89, sec. 1, effective March 23, 2021. -- Amended 2008 Ky. Acts ch. 72, sec. 6, effective July 15, 2008. -- Amended 2000 Ky. Acts ch. 401, sec. 5, effective July 14, 2000. -- Amended 1990 Ky. Acts ch. 448, sec. 2, effective July 13, 1990. -- Created 1974 Ky. Acts ch. 406, sec. 5, effective January 1, 1975. Legislative Research Commission Note (3/23/2021). 2021 Ky. Acts ch. 89, sec. 3 provides that the Act, which amended this statute and KRS 413.249, "shall apply to causes of action accruing on or after [March 23, 2021], and to causes of action accruing before [March 23, 2021], if the applicable statute of limitations, as it existed prior to [March 23, 2021], has not yet run before [March 23, 2021]."

KRS 500.060 Territorial applicability

500.060. Territorial applicability (1) Except as otherwise provided in this section, a person may be convicted under the law of this state of an offense committed by his own conduct or the conduct of another for which he is legally accountable when: (a) Either the conduct or the result which is an element of the offense occurs within this state; or (b) Conduct occurring outside the state is sufficient to constitute an attempt to commit an offense within the state; or (c) Conduct occurring outside the state is sufficient to constitute a conspiracy to commit an offense within the state and an overt act in furtherance of the conspiracy occurs within the state; or (d) Conduct occurring within this state establishes complicity in the commission of, or an attempt, solicitation or conspiracy to commit, an offense in another jurisdiction which is also an offense under the law of this state; or (e) The offense consists of the omission to perform a legal duty imposed by the law of this state regardless of where that person is when the omission occurs; or (f) The offense is a violation of a statute of this state that expressly prohibits conduct outside the state. (2) Subsection (1)(a) does not apply if causing a particular result is an element of an offense and the result is caused by conduct occurring outside the state that would not constitute an offense if the result had occurred there, unless the actor intentionally or knowingly caused the result within the state. (3) When the offense is homicide, either the death of the victim or the bodily impact causing death constitutes a "result" within the meaning of subsection (1)(a). If the body of a homicide victim is found within this state, it shall be prima facie evidence that the result occurred within the state. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 6, effective January 1, 1975.

KRS 500.070 Burden of proof -- Defenses

500.070. Burden of proof -- Defenses (1) The Commonwealth has the burden of proving every element of the case beyond a reasonable doubt, except as provided in subsection (3). This provision, however, does not require disproof of any element that is entitled a "defense," as that term is used in this code, unless the evidence tending to support the defense is of such probative force that in the absence of countervailing evidence the defendant would be entitled to a directed verdict of acquittal. (2) No court can require notice of a defense prior to trial time. (3) The defendant has the burden of proving an element of a case only if the statute which contains that element provides that the defendant may prove such element in exculpation of his conduct. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 7, effective January 1, 1975.

KRS 500.080 Definitions for Kentucky Penal Code

500.080. Definitions for Kentucky Penal Code As used in the Kentucky Penal Code, unless the context otherwise requires: (1) "Actor" means any natural person and, where relevant, a corporation or an unincorporated association; (2) "Crime" means a misdemeanor or a felony; (3) "Dangerous instrument" means any instrument, including parts of the human body when a serious physical injury is a direct result of the use of that part of the human body, article, or substance which, under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or serious physical injury. "Dangerous instrument" may include a laser; (4) "Deadly weapon" means any of the following: (a) A weapon of mass destruction; (b) Any weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged; (c) Any knife other than an ordinary pocket knife or hunting knife; (d) Billy, nightstick, or club; (e) Blackjack or slapjack; (f) Nunchaku karate sticks; (g) Shuriken or death star; or (h) Artificial knuckles made from metal, plastic, or other similar hard material; (5) "Felony" means an offense for which a sentence to a term of imprisonment of at least one (1) year in the custody of the Department of Correctio ns may be imposed; (6) "Fentanyl derivative" has the same meaning as in KRS 218A.010; (7) "Government" means the United States, any state, county, municipality, or other political unit, or any department, agency, or subdivision of any of the foregoing, or any corporation or other association carrying out the functions of government; (8) "He" means any natural person and, where relevant, a corporation or an unincorporated association; (9) "Impacted by the disaster" means the location or in reasonable proximi ty to the location where a natural or man-made disaster has caused physical injury, serious physical injury, death, or substantial damage to property or infrastructure; (10) "Laser" means any device designed or used to amplify electromagnetic radiation by stimulated emission that emits a beam, other than a medical laser when used in medical treatment or surgery; (11) "Law" includes statutes, ordinances, and properly adopted regulatory provisions. Unless the context otherwise clearly requires, "law" also inc ludes the common law; (12) "Minor" means any person who has not reached the age of majority as defined in KRS 2.015; (13) "Misdemeanor" means an offense, other than a traffic infraction, for which a sentence to a term of imprisonment of not more than twelv e (12) months can be imposed; (14) "Natural or man-made disaster" means a tornado, storm, or other severe weather, earthquake, flood, or fire that poses a significant threat to human health and safety, property, or critical infrastructure; (15) "Offense" means conduct for which a sentence to a term of imprisonment or to a fine is provided by any law of this state or by any law, local law, or ordinance of a political subdivision of this state or by any law, order, rule, or regulation of any governmental instrumentality authorized by law to adopt the same; (16) "Person" means a human being, and where appropriate, a public or private corporation, an unincorporated association, a partnership, a government, or a governmental authority; (17) "Physical injury" means substantial physical pain or any impairment of physical condition; (18) "Possession" means to have actual physical possession or otherwise to exercise actual dominion or control over a tangible object; (19) "Serious physical injury" means physical injury which creates a substantial risk of death, or which causes serious and prolonged disfigurement, prolonged impairment of health, prolonged loss or impairment of the function of any bodily organ, or eye damage or visual impairment. For a child twelve (12) years of age or less at the time of the injury, or for any person if the relationship between the perpetrator and the victim meets the definition of a family member or member of an unmarried couple as defined in KRS 403.720, or a dating relationship as defined in KRS 456.010, a serious physical injury includes but is not limited to the following: (a) Bruising near the eyes, or on the head, neck, or lower back overlying the kidneys; (b) Any bruising severe enough to cause underlying muscle damage as determined by elevated creatine kinase levels in the blood; (c) Any bruising or soft tissue injury to the genitals that affects the ability to urinate or defecate; (d) Any testicular injury sufficient to put fertility at risk; (e) Any burn near the eyes or involving the mouth, airway, or esophagus; (f) Any burn deep enough to leave scarring or dysfunction of the body; (g) Any burn requiring hospitalization, debridement in the operating room, IV fluids, intubation, or admission to a hospital's intensive care unit; (h) Rib fracture; (i) Scapula or sternum fractures; (j) Any broken bone that requires surgery; (k) Head injuries that result in intracranial bleeding, skull fracture, or brain injury; (l) A concussion that results in the child becoming limp, unresponsive, or results in seizure activity; (m) Abdominal injuries that indicate internal organ damage regardle ss of whether surgery is required; (n) Any injury requiring surgery; (o) Any injury that requires a blood transfusion; and (p) Any injury requiring admission to a hospital's critical care unit; (20) "Unlawful" means contrary to law or, where the context so requires, not permitted by law. It does not mean wrongful or immoral; (21) "Violation" means an offense, other than a traffic infraction, for which a sentence to a fine only can be imposed; and (22) "Weapon of mass destruction" means: (a) Any destructive device as defined in KRS 237.030, but not fireworks as defined in KRS 227.700; (b) Any weapon that is designed or intended to cause death or serious physical injury through the release, dissemination, or impact of toxic or poisonous chemicals or their precursors; (c) Any weapon involving a disease organism; or (d) Any weapon that is designed to release radiation or radioactivity at a level dangerous to human life. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 174, sec. 44, effective July 15, 2024. -- Amended 2023 Ky. Acts ch. 153, sec. 4, effective June 29, 2023. -- Amended 2022 Ky. Acts ch. 151, sec. 1, effective July 14, 2022. -- Amended 2017 Ky. Acts ch. 171, sec. 4, effective June 29, 2017. -- Amended 2001 Ky. Acts ch. 113, sec. 7, effective June 21, 2001. -- Amended 1992 Ky. Acts ch. 211, sec. 130, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 282, sec. 1, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 331, sec. 56, effective July 15, 1986. -- Amended 1978 Ky. Acts ch. 78, sec. 1, effective June 17, 1978. -- Created 1974 Ky. Acts ch. 406, sec. 8, effective January 1, 1975; and ch. 74, Art. V, sec. 24(14).

KRS 500.090 Forfeiture

500.090. Forfeiture (1) Except as provided in KRS 500.092, all property which is subject to forfeiture under any section of the Kentucky Penal Code shall be disposed of in accordance with this section. (a) Property other than firearms which is forfeited under any section of this code may, upon order of the trial court, be destroyed by the sheriff of the county in which the conviction was obtained. (b) Property other than firearms which is forfeited under any section of this code may, upon order of the trial court, be sold at public auction. The expenses of keeping and selling such property and the amount of all valid recorded liens that are established by intervention as being bona fide shall be paid out of the proceeds of the sale. The balance shall be paid to: 1. The state, if the property was seized by an agency of the state or peace officer thereof; 2. The county, if the property was seized by the sheriff or an agency or peace officer of the county; 3. The Department of Fish and Wildlife Resources, if the property was seized by a peace officer of the Department of Fish and Wildlife or was seized by any other officer for violation of KRS Chapter 150; 4. The city, if the property was seized by the city or by an agency or peace officer thereof and the property was delivered to the city property clerk; 5. The city (ninety percent (90%) of the proceeds) and the sheriff (ten percent (10%) of the proceeds), if the property was seized by the city or by an agency or peace officer thereof and the property was delivered to the sheriff or the county police; or 6. The state, if the property was seized by any combination of agencies listed above. (c) Subject to the duty to return confiscated firearms and ammunition to innocent owners pursuant to this section, all firearms and ammunition confiscated by a state or local law enforcement agency, all firearms ordered forfeited by a court, and all abandoned firearms and ammunition coming into the custody of a state or local law enforcement agency and not retained for official use shall be transferred to the Department of Kentucky State Police for disposition as provided by KRS 16.220. The transfer shall occur not more than ninety (90) days after the abandonment of the firearm or ammunition to the law enforcement agency or not more than ninety (90) days after its confiscation, unless a court requires the firearm or ammunition for use as evidence, in which case it shall be transferred to the Department of Kentucky State Police not more than ninety (90) days following the order of forfeiture by the court or after the court returns the firearm or ammunition from use as evidence. Prior to the sale of any firearm or ammunition, the law enforcement agency shall make a bona fide attempt to determine if the firearm or ammunition to be sold has been stolen or otherwise unlawfully obtained from an innocent owner and return the firearm and ammunition to its lawful innocent owner, unless that person is ineligible to purchase a firearm under federal law. This subsection relating to auction of firearms and ammunition shall not apply to firearms and ammunition auctioned by the Department of Fish and Wildlife that may be sold to individual purchasers residing in Kentucky who are eligible under federal law to purchase firearms and ammunition of the type auctioned. (d) If property which is forfeited under any section of this code is determined by the trial court to be worthless, encumbered with liens in excess of its value, or otherwise a burdensome asset, the court may abandon any interest in such property. Property which is abandoned pursuant to this section shall be returned to the lawful claimant upon payment of expenses for keeping the property. (e) Property which is forfeited under any section of this code may, upon order of the trial court, be retained for official use in the following manner. Property which has been seized by an agency of the state may be retained for official state use. Property which has been seized by an agency of county, city, or urban-county government may be retained for official use by the government whose agency seized the property or for official state use. Property seized by any other unit of government may be retained only for official state use. The expenses for keeping and transferring such property shall be paid by the unit of government by which the property is retained. (2) Money which has been obtained or conferred in violation of any section of this code shall, upon conviction, be forfeited for the use of the state. This subsection shall not apply when, during the course of the proceeding in which the conviction is obtained, the person from whom said money was unlawfully acquired is identified. (3) Property forfeited under any section of this code shall be disposed of in accordance with this section only after being advertised pursuant to KRS Chapter 424. This subsection shall not apply to property which is designed and suitable only for criminal use or to money forfeited under subsection (2) of this section. (4) The trial court shall remit the forfeiture of property when the lawful claimant: (a) Asserts his or her claim before disposition of the property pursuant to this section; (b) Establishes his or her legal interest in the property; and (c) Establishes that the unlawful use of the property was without his or her knowledge and consent. This subsection shall not apply to a lienholder of record when the trial court elects to dispose of the property pursuant to subsection (1)(b) of this section. (5) For purposes of this section, "lawful claimant" means owner or lienholder of record. (6) Before property which has had its identity obscured in violation of KRS 514.120 may be sold or retained for official use as provided in this section, the court shall cause a serial or other identifying number to be placed thereon, and a record of the number assigned shall be placed in the court order authorizing the sale or retention of the property. This number shall be assigned, whenever applicable, in consultation with the Department of Kentucky State Police and any other state or federal regulatory agency. The purchaser of the property shall be given a document stating that the property had been forfeited pursuant to law and that a number, shown on the document, has been assigned which shall be deemed as compliance of the owner with KRS 514.120. When property is returned to an owner pursuant to this section and its identity has been obscured by another person in violation of KRS 514.120, the court shall provide a document to the owner relieving him or her of liability for its continued possession. This document shall serve as evidence of compliance with KRS 514.120 by the owner or any person to whom he or she lawfully disposes of the property. This section shall not apply to any person after property has been sold or returned in compliance with this section who violates the provisions of KRS 514.120 with respect to that property. (7) Before forfeiture of any property under this section, it shall be the duty of the trial court to determine if a lawful owner or claimant to the property has been identified or is identifiable. If a lawful owner or claimant has been identified or is identifiable, the court shall notify the owner or claimant that the property is being held and specify a reasonable period of time during which the claim may be made or may, in lieu thereof, order the return of the property to the lawful owner or claimant. If the lawful owner or claimant does not assert his or her claim to the property after notification or if he or she renounces his or her claim to the property, the property shall be disposed of as provided in this section. It shall be the duty of all peace officers and other public officers or officials having knowledge of the lawful owner or claimant of property subject to forfeiture to report the same to the trial court before the act of forfeiture occurs. Effective: June 25, 2009 History: Amended 2009 Ky. Acts ch. 100, sec. 10, effective June 25, 2009. -- Amended 2007 Ky. Acts ch. 85, sec. 325, effective June 26, 2007. -- Amended 2000 Ky. Acts ch. 405, sec. 2, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 606, sec. 127, effective July 15, 1998. -- Amended 1980 Ky. Acts ch. 193, sec. 5; and ch. 267, sec. 1, effective July 15, 1980. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 473, effective January 2, 1978. -- Created 1974 Ky. Acts ch. 406, sec. 9, effective January 1, 1975. Legislative Research Commission Note (6/26/2007). A technical correction has been made in subsection (4) of this section by the Reviser of Statutes pursuant to KRS 7.136.

KRS 500.092 Forfeiture of personal property not used as a residence triggered by violation or attempted violation of certain offenses -- Forfeiture of real and personal property associated with violation or attempted violation of KRS 531.310 or 531.320

500.092. Forfeiture of personal property not used as a residence triggered by violation or attempted violation of certain offenses -- Forfeiture of real and personal property associated with violation or attempted violation of KRS 531.310 or 531.320 (1) (a) Notwithstanding KRS 500.090, all personal property which is not used as a permanent residence in this state which is used in connection with or acquired as a result of a violation or attempted violation of any of the statutes set out in subsection (3) of this section shall be subject to forfeiture under the same terms, conditions, and defenses and using the same process as set out in KRS 218A.405 to 218A.460 for property subject to forfeiture under that chapter. (b) Notwithstanding KRS 500.090, al l real and personal property in this state which is used in connection with or acquired as a result of a violation or attempted violation of KRS 531.310 or 531.320 shall be subject to forfeiture under the same terms, conditions, and defenses and using the same process as set out in KRS 218A.405 to 218A.460 for property subject to forfeiture under that chapter. (2) Administrative regulations promulgated under KRS 218A.420 shall govern expenditures derived from forfeitures under this section to the same exten t that they govern expenditures from forfeitures under KRS 218A.405 to 218A.460. (3) The following offenses may trigger forfeiture of personal property under subsection (1)(a) of this section: (a) KRS 17.546; (b) KRS 508.130 involving the use of any equipm ent, instrument, machine, or other device by which communication or information is transmitted, including computers, the internet or other electronic network, cameras or other recording devices, telephones or other personal communications devices, scanners or other copying devices, and any device that enables the use of a transmitting device; (c) KRS 510.155; (d) KRS 530.064(1)(a); (e) KRS 531.030; (f) KRS 531.040 (g) KRS 531.310; (h) KRS 531.320; (i) KRS 531.335; (j) KRS 531.340; (k) KRS 531.350; (l) KRS 531.360; and (m) KRS 531.370. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 67, sec. 11, effective July 15, 2026. -- Amended 2013 Ky. Acts ch. 41, sec. 2, effective June 25, 2013. -- Created 2009 Ky. Acts ch. 100, sec. 8, effective June 25, 2009.

KRS 500.093 Prohibition against court or law enforcement agency retaining firearms or ammunition to prevent their transfer or sale

500.093. Prohibition against court or law enforcement agency retaining firearms or ammunition to prevent their transfer or sale No court or law enforcement agency shall retain a firearm or ammunition for official use for the purpose of avoiding transfer of the firearm or ammunition to the Department of Kentucky State Police under KRS 237.090 or 500.090, or other statute to avoid its being sold pursuant to KRS 16.220. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 85, sec. 326, effective June 26, 2007. -- Created 2000 Ky. Acts ch. 405, sec. 4, effective July 14, 2000.

KRS 500.095 Alternative sentence of community work

500.095. Alternative sentence of community work (1) In every case in which a person pleads guilty to or is convicted of a crime punishable by imprisonment, the judge shall consider whether the person should be sentenced to a term of community service as an alternative to the prison term. The term of community service shall not be shorter than the length of the prison term nor longer than twice the length of the prison term. Failure to complete the prescribed term of community service shall be deemed a probation violation and shall subject the defendant to serve the prison service originally fixed by the court or jury. (2) The clerk of the Circuit Court, under the direction of the Circuit Judges of the circuit and in cooperation with the Administrative Office of the Courts and the governmental units within the jurisdiction of the Circuit Court, shall maintain a schedule of community service work and projects for use by judges in setting alternative sentences. Any city, county, urban-county, or other governmental unit desiring to participate in alternative sentence community service work and projects shall submit to the clerk, on or before January 1, 1991, and every six (6) months thereafter, a list of community service work and projects it proposes for inclusion in the schedule. (3) The Administrative Office of the Courts, under the direction of the Supreme Court, shall prepare a schedule of approved categories of alternative sentences which shall be disseminated to all judges and circuit clerks. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 497, sec. 3, effective July 13, 1990.

KRS 500.100 Effect of commentary

500.100. Effect of commentary The commentary accompanying this code may be used as an aid in construing the provisions of this code. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 10, effective January 1, 1975.

KRS 500.110 Trial of prisoner on untried indictment within 180 days after prisoner's request for final disposition

500.110. Trial of prisoner on untried indictment within 180 days after prisoner's request for final disposition Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of this state, and whenever during the continuance of the term of imprisonment there is pending in any jurisdiction of this state any untried indictment, information or complaint on the basis of which a detainer has been lodged against the prisoner, he shall be brought to trial within one hundred and eighty (180) days after he shall have caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer's jurisdiction written notice of the place of his imprisonment and his request for a final disposition to be made of the indictment, information or complaint; provided that for good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. Effective: June 17, 1978 History: Created 1978 Ky. Acts ch. 78, sec. 7, effective June 17, 1978.

KRS 500.120 Subpoena power of Attorney General and commissioner of Department of Kentucky State Police in cases involving use of an internet service provider, social networking company, mobile payment service, or cloud storage service in the exploitation of children and other cases

500.120. Subpoena power of Attorney General and commissioner of Department of Kentucky State Police in cases involving use of an internet service provider, social networking company, mobile payment service, or cloud storage service in the exploitation of children and other cases (1) (a) In any investigation relating to an offense involving KRS 510.155, 530.064(1)(a), 531.030, 531.040, 531.310, 531.320, 531.335, 531.340, 531.350, 531.360, or 531.370, and upon reasonable cause to believe that an internet service provider, social networking company, mobile payment service, or cloud storage service has been used in the exploitation or attempted exploitation of children, or in any investigation of a violation of KRS 17.546, 508.130, 525.070, or 525.080 where there is reasonable cause to believe that an internet service provider, social networking company, mobile payment service, or cloud storage service has been used in the commission of the offense, the Attorney General may issue in writing and cause to be served a subpoena requiring the production and testimony described in subsection (2) of this section. (b) In any investigation relating to an offense involving KRS 510.155, 530.064(1)(a), 531.030, 531.040, 531.310, 531.320, 531.335, 531.340, 531.350, 531.360, or 531.370, and upon reasonable cause to believe that an internet service provider, social networking company, mobile payment service, or cloud storage service has been used in the exploitation or attempted exploitation of children, the commissioner of the Department of Kentucky State Police may issue in writing and cause to be served a subpoena requiring the production and testimony described in subsection (2) of this section. (2) Except as provided in subsection (3) of this section, a subpoena issued under this section may require the production of any records or other documentation relevant to the investigation, including: (a) Electronic mail address; (b) Internet username; (c) Internet protocol address; (d) Name of account holder; (e) Billing and service address; (f) Telephone number; (g) Account status; (h) Method of access to the internet; and (i) Automatic number identification records if access is by modem. (3) The internet service provider, social networking company, mobile payment service, cloud storage service, or provider of electronic communication service or remote computing service shall not disclose the following pursuant to a subpoena issued under this section but shall disclose the information in obedience to a warrant: (a) In-transit electronic communications; (b) Account memberships related to internet groups, newsgroups, mailing lists, or specific areas of interest; (c) Account passwords; and (d) Account content including: 1. Electronic mail in any form; 2. Address books, contacts, or buddy lists; 3. Financial records; 4. Internet proxy content or web surfing history; and 5. Files or other digital documents stored with the account or pursuant to use of the account. (4) At any time before the return date specified on the subpoena, the person summoned may, in the District Court in which the person resides or does business, petition for an order modifying or setting aside the subpoena, or a prohibition of disclosure by a court. (5) A subpoena under this section shall describe the objects required to be produced and shall prescribe a return date with a reasonable period of time within which the objects can be assembled and made available. (6) If no case or proceeding arises from the production of records or other documentation pursuant to this section within a reasonable time after those records or documentation are produced, the Attorney General shall either destroy the records and documentation or return them to the person who produced them. (7) A subpoena issued under this section may be served by any person who is at least eighteen (18) years of age and who is designated in the subpoena to serve it. Service upon a natural person may be made by personal delivery of the subpoena to him or her. Service may be made upon a corporation or partnership or other unincorporated association which is subject to suit under its common name, by delivering the subpoena to an officer, to a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process. The affidavit of the person serving the subpoena together with a true copy thereof shall be proof of service. (8) Except as provided in this section any information, records or data reported or obtained pursuant to subpoena under this section shall remain confidential and shall not be further disclosed unless in connection with a criminal case related to the subpoenaed materials. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 67, sec. 12, effective July 15, 2026. -- Amended 2025 Ky. Acts ch. 74, sec. 1, effective June 27, 2025. -- Amended 2013 Ky. Acts ch. 41, sec. 3, effective June 25, 2013. -- Created 2009 Ky. Acts ch. 100, sec. 11, effective June 25, 2009. Legislative Research Commission Note (6/25/2009). Under the authority of KRS 7.136, the Reviser of Statutes has renumbered the paragraphs of subsection (2) of this section.

KRS 500.130 Operation of unmanned aircraft system -- Definitions -- Restrictions

500.130. Operation of unmanned aircraft system -- Definitions -- Restrictions (1) As used in this section: (a) "Communications service" means a cable, broadband, streaming, or telecommunications service; and (b) "Surveillance" means: 1. With respect to an owner, tenant, occupant, invitee, or licensee of privately owned real property, the observation of such persons with sufficient visual clarity to be able to obtain information about their identity, habits, conduct, movements, or location; or 2. With respect to privately owned real property, the observation of such property's physical improvements with sufficient visual clarity to be able to determine unique identifying features or its occupancy by one (1) or more persons. (2) Except for unmanned aircraft systems operated by the United States Army, Navy, Marine Corps, Air Force, Space Force, or Coast Guard, or a reserve component thereof, or by the Army National Guard or Air National Guard, unmanned aircraft systems may not be equipped with a lethal payload. (3) Except as provided in subsection (12) of this section, any business entity doing business lawfully within this state may use an unmanned aircraft system for business purposes, in compliance with 14 C.F.R. pt. 107. Business entities operating an unmanned aircraft system pursuant to this subsection may include but are not limited to: (a) A property appraiser, assessing property for ad valorem taxation with the express, prior, written permission of the owner, tenant, occupant, invitee, or licensee of the privately owned real property; (b) A utility or communications service; (c) An entity conducting aerial mapping; (d) An entity conducting cargo; (e) An insurance company or a person acting on behalf of an insurance company for purposes of underwriting an insurance risk or investigating damage to insured property; or (f) An entity conducting images necessary for the safe operation or navigation of an unmanned aircraft system that is being used for a purpose allowed under federal or Kentucky law. (4) Any recreational user may operate an unmanned aircraft system within this state, in compliance with 14 C.F.R. pt. 101. (5) Any institution of higher education, or school district, may use an unmanned aircraft system for educational, research, or testing purposes. (6) No law enforcement agency, or agent thereof, shall use an unmanned aircraft system to conduct a search unless authorized under the Fourth Amendment to the United States Constitution and Section 10 of the Kentucky Constitution. If the search is conducted pursuant to a warrant, the warrant shall specifically authorize the use of an unmanned aircraft system. (7) Except as limited by subsection (6) of this section, any government agency, including a law enforcement agency, may use an unmanned aircraft system for legitimate governmental purposes. (8) When an unmanned aircraft system is used by law enforcement pursuant to subsections (6) and (7) of this section, it shall be operated in a lawful manner and shall minimize data collection on nonsuspects. Disclosure of such data shall be prohibited except by order of a court of competent jurisdiction. (9) No evidence obtained or collected as the result of the use of an unmanned aircraft system shall be admissible as evidence in any civil, criminal, or administrative proceeding within this state for the purpose of enforcing state or local law, except for: (a) Evidence collected as permitted by subsections (3) to (7) of this section; or (b) Evidence which is offered against the owner or operator of an unmanned aircraft system to show misconduct. (10) No law enforcement agency shall be required to operate unmanned aircraft systems. (11) Operation of an unmanned aircraft system in violation of subsection (3) or (4) of this section shall be a violation for the first offense and a Class B misdemeanor for the second or subsequent offense. (12) A person operating an unmanned aircraft system pursuant to subsections (3) to (5) of this section shall not use an unmanned aircraft system to record an image of privately owned real property or of the owner, tenant, occupant, invitee, or licensee of such property with the intent to conduct surveillance on, or publish unauthorized images of, the individual or property captured in the image in violation of the person's reasonable expectation of privacy. For purposes of this subsection, a person is presumed to have a reasonable expectation of privacy on his or her privately owned real property if he or she is not observable by persons located at ground level in a place where they have a legal right to be, regardless of whether he or she is observable from the air with the use of an unmanned aircraft system. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 19, sec. 1, effective June 27, 2025. -- Created 2018 Ky. Acts ch. 26, sec. 1, effective July 14, 2018.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39364Fetched: 10/20/2026