Kentucky Statutes 17.500 – Definitions for KRS 17.500 to 17.580
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As used in KRS § 17.500 to KRS § 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 human trafficking involving commercial sexual activity, as set forth in KRS § 529.110;
7. 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);
8. Use of a minor in a sexual performance, as set forth in KRS § 531.310;
9. Sexual abuse, as set forth in KRS § 510.120 and KRS § 510.130;
10. Unlawful transaction with a minor in the first degree, as set forth in KRS
530.064(1)(a);
11. Any offense involving a minor or depictions of a minor, as set forth in
KRS Chapter 531;
12. Any attempt to commit any of the offenses described in subparagraphs 1. to 11. of this paragraph;
13. Solicitation to commit any of the offenses described in subparagraphs 1. to 11. of this paragraph; or
14. Any offense from another state or territory, any federal offense, or any offense subject to a court martial of the United States Armed Forces, which is similar to any of the offenses described in subparagraphs 1. to
13. 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 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, palm prints, DNA sample, a photograph, aliases used, residence, motor vehicle operator’s license number as well as any other government-issued identification card numbers, if any, 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, KRS § 529.100 or 529.110 involving commercial sexual activity, 530.020, 530.064(1)(a), 531.310,
531.320, or 531.335;
(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 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: July 15, 2020
History: Amended 2020 Ky. Acts ch. 75, sec. 1, effective July 15, 2020. — Amended
2018 Ky. Acts ch. 42, sec. 2, effective July 14, 2018; and ch. 121, sec. 1, effective July 14, 2018. — Amended 2017 Ky. Acts ch. 171, sec. 1, effective June 29, 2017. — Amended 2014 Ky. Acts ch. 94, sec. 4, effective July 15, 2014. — 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.
Legislative Research Commission Note (6/29/2017). Under the authority of KRS
7.136(1)(h), references to “subparagraphs 1. to 10. of this paragraph” in subsection (3)(a) of this statute have been changed to “subparagraphs 1. to 11. of this paragraph” by the Reviser of Statutes following the enactment of 2017 Ky. Acts ch. 171, sec. 1, which inserted a new subparagraph into KRS § 17.500(3)(a) and renumbered the subsequent subparagraphs, but overlooked the internal references in the existing language.
(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;
Terms Used In Kentucky Statutes 17.500
- City: includes town. See Kentucky Statutes 446.010
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010 - Verdict: The decision of a petit jury or a judge.
(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 human trafficking involving commercial sexual activity, as set forth in KRS § 529.110;
7. 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);
8. Use of a minor in a sexual performance, as set forth in KRS § 531.310;
9. Sexual abuse, as set forth in KRS § 510.120 and KRS § 510.130;
10. Unlawful transaction with a minor in the first degree, as set forth in KRS
530.064(1)(a);
11. Any offense involving a minor or depictions of a minor, as set forth in
KRS Chapter 531;
12. Any attempt to commit any of the offenses described in subparagraphs 1. to 11. of this paragraph;
13. Solicitation to commit any of the offenses described in subparagraphs 1. to 11. of this paragraph; or
14. Any offense from another state or territory, any federal offense, or any offense subject to a court martial of the United States Armed Forces, which is similar to any of the offenses described in subparagraphs 1. to
13. 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 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, palm prints, DNA sample, a photograph, aliases used, residence, motor vehicle operator’s license number as well as any other government-issued identification card numbers, if any, 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, KRS § 529.100 or 529.110 involving commercial sexual activity, 530.020, 530.064(1)(a), 531.310,
531.320, or 531.335;
(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 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: July 15, 2020
History: Amended 2020 Ky. Acts ch. 75, sec. 1, effective July 15, 2020. — Amended
2018 Ky. Acts ch. 42, sec. 2, effective July 14, 2018; and ch. 121, sec. 1, effective July 14, 2018. — Amended 2017 Ky. Acts ch. 171, sec. 1, effective June 29, 2017. — Amended 2014 Ky. Acts ch. 94, sec. 4, effective July 15, 2014. — 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.
Legislative Research Commission Note (6/29/2017). Under the authority of KRS
7.136(1)(h), references to “subparagraphs 1. to 10. of this paragraph” in subsection (3)(a) of this statute have been changed to “subparagraphs 1. to 11. of this paragraph” by the Reviser of Statutes following the enactment of 2017 Ky. Acts ch. 171, sec. 1, which inserted a new subparagraph into KRS § 17.500(3)(a) and renumbered the subsequent subparagraphs, but overlooked the internal references in the existing language.