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 Corrections 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 proximity 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 includes 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 twelve (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;

ans 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 regardless 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.