(1) A person is guilty of use of a weapon of mass destruction in the second degree when intentionally, without lawful authority, he or she:
(a) Places a weapon of mass destruction at any location in the Commonwealth and, as a result, any person other than the defendant receives physical injury; or

Terms Used In Kentucky Statutes 527.205

  • 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.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

(b) Places a weapon of mass destruction on:
1. The real property or any building of any public or private elementary or secondary school, vocational school, or institution of postsecondary education;
2. A school bus or other vehicle owned, operated, or leased by a school;
3. The real property or any building, public or private, that is the site of an official school-sanctioned function; or
4. The real property or any building owned or leased by a government agency,
and no person dies or receives any physical injury.
(2) A weapon of mass destruction is used with lawful authority if it is used with the written permission of an agency of the Commonwealth or of a city, county, charter county, or urban-county government having jurisdiction over the use of destructive devices as defined in KRS 237.030 or the use of explosives.
(3) Use of a weapon of mass destruction in the second degree is a Class B felony.
Effective: June 21, 2001
History: Created 2001 Ky. Acts ch. 113, sec. 5, effective June 21, 2001.