Kentucky
Kentucky Assault Laws: Four Degrees, Felonies and Penalties (2026)
Independently fact-checked against primary sources (last audited October 14, 2026). · 28 primary sources cited on this page. How we verify our legal content
Kentucky's assault sections do not create a crime called battery. KRS Chapter 508 grades one offense, assault, in four degrees based on the injury, the means and the victim (KRS 508.010 to 508.030), and it treats placing someone in reasonable apprehension of imminent physical injury, without injury, as the separate misdemeanor of menacing (KRS 508.050). Fourth-degree assault is a Class A misdemeanor; the first three degrees are felonies. For other states, see our guide to assault and battery laws by state.
Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers Kentucky's assault, menacing and strangulation offenses in KRS Chapter 508 (508.010 to 508.050, 508.170 and 508.175), the protective-order rule in 508.022, disarming a peace officer (508.160), the Penal Code definitions in KRS 500.080, the domestic relationship definitions in KRS 403.720, the sentencing and fine ranges in KRS 532.060, 532.090, 534.030 and 534.040, the repeat-offender rules in KRS 532.029 and 532.080, and the civil filing periods in KRS 413.140, 413.170, 413.2485 and 413.249. It does not cover self-defense and justification (see Kentucky self-defense laws), protective orders (see Kentucky restraining order laws), sexual offenses, other Chapter 508 offenses such as wanton endangerment, terroristic threatening, criminal abuse and stalking, federal assault crimes (see the assault and battery hub) or local ordinances.
Assault vs. battery in Kentucky
Many states use "assault" for a threat and "battery" for a harmful touching. Kentucky's Penal Code does it differently. None of the assault sections, KRS 508.010 through 508.050, creates an offense named battery.
The base offense is assault in the fourth degree. KRS 508.030(1) provides that a person is guilty when "(a) He intentionally or wantonly causes physical injury to another person; or (b) With recklessness he causes physical injury to another person by means of a deadly weapon or a dangerous instrument."
A threat without injury is menacing instead. Under KRS 508.050(1), "A person is guilty of menacing when he intentionally places another person in reasonable apprehension of imminent physical injury." Menacing is a Class B misdemeanor.
Kentucky assault charges and penalties
| Offense | Statute | What it covers | Class | Statutory penalty range |
|---|---|---|---|---|
| Menacing | KRS 508.050 | Intentionally placing another person in reasonable apprehension of imminent physical injury | Class B misdemeanor | Up to 90 days; fine up to $250 |
| Assault, fourth degree | KRS 508.030 | Intentionally or wantonly causing physical injury; recklessly causing physical injury by means of a deadly weapon or dangerous instrument | Class A misdemeanor | Up to 12 months; fine up to $500 |
| Assault, third degree (bodily fluids on a peace officer) | KRS 508.025(1)(c) | Intentionally causing a person the actor knows or reasonably should know is a peace officer discharging official duties to come into contact with saliva, vomit, mucus, blood, seminal fluid, urine or feces without the officer's consent | Class B misdemeanor; Class A if the adult knows he or she has a serious communicable disease and the contact is likely to transmit it | Class B: up to 90 days, fine up to $250; Class A: up to 12 months, fine up to $500 |
| Assault, third degree (listed victims) | KRS 508.025(1)(a) | Intentionally, or recklessly with a deadly weapon or dangerous instrument, causing or attempting to cause physical injury to a victim in one of the listed groups (see below) | Class D felony; Class C during a declared disaster emergency, within the covered and impacted area | Class D: 1 to 5 years; Class C: 5 to 10 years; fine $1,000 to $10,000 or double the gain |
| Assault, third degree (confined persons) | KRS 508.025(1)(b) | A person confined in a detention facility, or a juvenile in a listed state treatment facility, who inflicts physical injury on, or throws feces, urine or other bodily fluid on, a facility employee | Class D felony | 1 to 5 years; fine $1,000 to $10,000 or double the gain |
| Assault, second degree | KRS 508.020 | Intentionally causing serious physical injury; intentionally causing physical injury by means of a deadly weapon or dangerous instrument; wantonly causing serious physical injury by means of a deadly weapon or dangerous instrument | Class C felony | 5 to 10 years; fine $1,000 to $10,000 or double the gain |
| Assault, first degree | KRS 508.010 | Intentionally causing serious physical injury by means of a deadly weapon or dangerous instrument; wanton conduct, under circumstances manifesting extreme indifference to the value of human life, that creates a grave risk of death and causes serious physical injury | Class B felony | 10 to 20 years; fine $1,000 to $10,000 or double the gain |
| Assault under extreme emotional disturbance | KRS 508.040(2) | An assault committed under the influence of extreme emotional disturbance | Class D felony if it would otherwise be first or second degree; Class B misdemeanor if it would otherwise be fourth degree | Class D: 1 to 5 years; Class B: up to 90 days, fine up to $250 |
| Strangulation, second degree | KRS 508.175 | Without consent, wantonly impeding another person's normal breathing or blood circulation by pressure on the throat or neck or by blocking the nose or mouth | Class D felony | 1 to 5 years; fine $1,000 to $10,000 or double the gain |
| Strangulation, first degree | KRS 508.170 | The same acts, done intentionally and without consent | Class C felony | 5 to 10 years; fine $1,000 to $10,000 or double the gain |
| Repeat fourth-degree assault against family or unmarried-couple members | KRS 508.032 | A third or subsequent fourth-degree assault within five years, where the relationship in each offense meets the KRS 403.720 definitions | Class D felony, which the jury or judge may decline in favor of a misdemeanor | 1 to 5 years; fine $1,000 to $10,000 or double the gain |
Prison terms come from KRS 532.060(2), which sets the authorized terms "Unless otherwise provided by law": Class B, 10 to 20 years; Class C, 5 to 10 years; Class D, 1 to 5 years. Misdemeanor terms come from KRS 532.090: up to 12 months for a Class A misdemeanor and up to 90 days for a Class B misdemeanor.
These are the ranges for the offense itself; KRS 532.080 and 532.029 set higher terms, up to life without parole, for some repeat felony convictions, described below.
Repeat felony offenders. Under KRS 532.080, a persistent felony offender is a person over 21 with prior felony convictions that meet the sentence, age and timing conditions in 532.080(2) and (3). A persistent felony offender in the second degree (one qualifying prior) is sentenced under the range for the next highest class. In the first degree (two or more qualifying priors), a Class A or B felony, such as first-degree assault, carries an indeterminate term with a maximum of 20 to 50 years, or life, and a Class C or D felony a maximum of 10 to 20 years; probation is barred unless every offense of conviction is a Class D felony not involving a violent act against a person or a sex crime, and for a Class A, B or C felony parole requires at least 10 years served unless another sentencing scheme applies. The rule can apply to a felony under KRS 508.032 (532.080(10)(b)). Under KRS 532.029, a person convicted of a violent felony after two separate prior violent felony convictions must be sentenced to life without probation or parole; a violent felony is one listed in KRS 439.3401, which includes any felony involving serious physical injury to a victim and strangulation in the first degree.
Fines come from KRS Chapter 534. For a felony, KRS 534.030(1) requires a fine "not less than one thousand dollars ($1,000) and not greater than ten thousand dollars ($10,000) or double his gain from commission of the offense, whichever is the greater," but under 534.030(4) those fines "shall not be imposed upon any person determined by the court to be indigent." For misdemeanors, KRS 534.040(2) caps the fine at $500 for Class A and $250 for Class B.
Definitions that decide the grade
The definitions in KRS 500.080 apply "As used in the Kentucky Penal Code, unless the context otherwise requires":
- Physical injury "means substantial physical pain or any impairment of physical condition."
- 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 12 or younger, or where the two people are family members or members of an unmarried couple under KRS 403.720 or in a dating relationship under KRS 456.010, KRS 500.080(19) adds that serious physical injury includes listed injuries such as bruising near the eyes or on the head, neck or lower back over the kidneys, a rib fracture, a broken bone that requires surgery, head injuries with intracranial bleeding, skull fracture or brain injury, certain burns, and any injury requiring surgery.
- 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."
- Deadly weapon is a closed list: a weapon of mass destruction; "Any weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged"; "Any knife other than an ordinary pocket knife or hunting knife"; a billy, nightstick or club; a blackjack or slapjack; nunchaku karate sticks; a shuriken or death star; or artificial knuckles "made from metal, plastic, or other similar hard material."
These definitions often decide the degree. A fist is a dangerous instrument only when serious physical injury directly results from its use, and the difference between "physical injury" and "serious physical injury" separates fourth-degree assault from second-degree assault.
Assaulting a police officer, teacher, nurse or other protected worker in Kentucky
Third-degree assault under KRS 508.025(1)(a) makes an injury, or an attempted injury, a Class D felony when the person acts "Recklessly, with a deadly weapon or dangerous instrument, or intentionally" against one of these victims, each on the condition the statute attaches:
- "A state, county, city, or federal peace officer."
- An employee of a detention facility, or of a state residential treatment facility or state staff secure facility for residential treatment that cares for, treats or detains juveniles charged with or adjudicated delinquent for a public offense or as youthful offenders.
- "A healthcare provider as defined in KRS 311.821 or other person employed by or under contract with a health clinic, doctor's office, dental office, long-term care facility, hospital, or a hospital-owned or affiliate outpatient facility," but only "if the event occurs in or on the premises of" a jail, penitentiary, local or state correctional or detention facility (including a juvenile facility of that kind), health clinic, doctor's office, dental office, long-term care facility, hospital, or hospital-owned or affiliate outpatient facility.
- A Department for Community Based Services social worker who provides direct client services, "if the event occurs while the worker is performing job-related duties."
- Paid or volunteer emergency medical services personnel certified or licensed under KRS Chapter 311A, while performing job-related duties.
- A paid or volunteer member of an organized fire department, while performing job-related duties.
- Paid or volunteer rescue squad personnel affiliated with the Division of Emergency Management or a local disaster and emergency services organization under KRS Chapter 39F, while performing job-related duties.
- "A probation and parole officer."
- A transportation officer appointed by a county fiscal court or the legislative body of a consolidated local, urban-county or charter government "to transport inmates when the county jail or county correctional facility is closed while the transportation officer is performing job-related duties."
- "A public or private elementary or secondary school or school district classified or certified employee, school bus driver, or other school employee acting in the course and scope of the employee's employment."
- "A public or private elementary or secondary school or school district volunteer acting in the course and scope of that person's volunteer service for the school or school district."
Under KRS 508.025(2)(a), this form of third-degree assault is a Class C felony instead of Class D if it "occurs during a declared emergency as defined by KRS 39A.020 arising from a natural or man-made disaster, within the area covered by the emergency declaration, and within the area impacted by the disaster."
Two further forms of third-degree assault are narrower. A person confined in a detention facility, or a juvenile in a listed state treatment facility, who injures or throws bodily fluid on a facility employee commits a Class D felony (508.025(1)(b), (2)(b)). Causing a peace officer "discharging official duties" to come into contact with bodily fluids without consent is a Class B misdemeanor, or a Class A misdemeanor if the adult knows he or she has a serious communicable disease and "competent medical or epidemiological evidence demonstrates that the specific type of contact caused by the actor is likely to cause transmission of the disease or condition" (508.025(1)(c), (2)(c)).
Separately, intentionally removing a firearm or other deadly weapon from a peace officer acting within the scope of official duties, or depriving the officer of its use, is disarming a peace officer, a Class D felony, unless the person did not know and could not reasonably have known the victim was a peace officer, or the officer was engaged in felonious conduct at the time (KRS 508.160).
Domestic assault in Kentucky
Kentucky's assault sections do not define a separate domestic assault crime. An assault on a family member is charged under the ordinary degrees, and the domestic relationship matters through KRS 508.032(1):
"If a person commits a third or subsequent offense of assault in the fourth degree under KRS 508.030 within five (5) years, and the relationship between the perpetrator and the victim in each of the offenses meets the definition of family member or member of an unmarried couple, as defined in KRS 403.720, then the person may be convicted of a Class D felony."
To use the provision, "the Commonwealth shall indict the defendant and the case shall be tried in the Circuit Court as a felony case," and the jury, or judge in a bench trial, "may decline to assess a felony penalty" and convict of a misdemeanor instead.
The relationship definitions are narrower than many readers expect. Under KRS 403.720(3), a family member "means a spouse, including a former spouse, a grandparent, a grandchild, a parent, an adult sibling, a child, a stepchild, or any other person living in the same household as a child if the child is the alleged victim." Under 403.720(6), a member of an unmarried couple "means each member of an unmarried couple which allegedly has a child in common, any children of that couple, or a member of an unmarried couple who are living together or have formerly lived together." A dating partner who has never lived with the defendant and has no child in common with the defendant is not within either definition for purposes of KRS 508.032, although a dating relationship under KRS 456.010 does count for the serious-physical-injury definition in KRS 500.080(19) and for KRS 508.022, described below.
Federal law, 18 U.S.C. 922(g)(9), separately makes it unlawful for a person convicted of a misdemeanor crime of domestic violence to possess a firearm or ammunition in or affecting commerce; the assault and battery hub explains that rule. Since July 15, 2026, a first- or second-degree assault conviction against a family member, member of an unmarried couple or dating partner also operates as an application for a protective order unless the victim requests otherwise (KRS 508.022). Protective orders are covered in Kentucky restraining order laws.
Recent changes to Kentucky assault law
Two 2026 acts changed the assault sections. 2026 Ky. Acts ch. 28 (HB 188), signed by the Governor on April 3, 2026 and effective July 15, 2026. The Legislative Research Commission's corrections impact statement summarizes it as an act to "Amend KRS 508.025 to expand assault in the third degree to include causing or attempting to cause physical injury to a healthcare provider in a jail, penitentiary, or local or state correctional or detention facility."
2026 Ky. Acts ch. 49 created KRS 508.022, effective July 15, 2026: a conviction for first- or second-degree assault (or a felony attempt, conspiracy, facilitation or solicitation to commit one), where the defendant and victim are family members or members of an unmarried couple under KRS 403.720 or in a dating relationship under KRS 456.010, operates as an application for a protective order unless the victim requests otherwise. The court that entered the conviction may issue the order without further proof, and it may last up to ten years, with renewals of up to ten years.
Separately, 2026 Ky. Acts ch. 67 amended Kentucky's stalking provisions, beginning with KRS 508.130. Stalking is outside the scope of this page.
Civil lawsuits for assault and battery in Kentucky
A criminal case and a civil lawsuit are separate. The Commonwealth prosecutes the crime; a person who was injured can sue for money damages, and the result in one case does not decide the other.
Kentucky's limitations statute does not use the words assault or battery. KRS 413.140(1) provides that "The following actions shall be commenced within one (1) year after the cause of action accrued: (a) An action for an injury to the person of the plaintiff, or of her husband, his wife, child, ward, apprentice, or servant." If the injured person was a minor or of unsound mind when the claim arose, KRS 413.170 lets the one year run from the removal of that disability. Claims based on listed sexual offenses have longer periods: generally five years for a victim 18 or older (KRS 413.2485) and ten years after turning 18 for childhood sexual assault or abuse (KRS 413.249). Other sections can affect the deadline; see Kentucky statute of limitations for the broader rules.
Related legal issues
Whether force was legally justified is a separate question under Kentucky's justification statutes; see Kentucky self-defense laws. The rules for clearing a criminal record are in Kentucky expungement laws.
Related
- Assault and battery laws by state
- Kentucky self-defense laws
- Kentucky restraining order laws
- Kentucky expungement laws
- Kentucky statute of limitations
- Tennessee assault and battery laws
- Ohio assault and battery laws
This article provides general legal information about Kentucky assault laws, not legal advice. Laws change, and how they apply depends on the facts. For advice about a specific situation, contact a lawyer licensed in Kentucky.
Last updated: 2026-10-13.
Frequently Asked Questions
Is there a battery charge in Kentucky?
Not under that name in Kentucky's assault sections (KRS 508.010 to 508.050). Causing physical injury is graded as assault in the first through fourth degree, and putting someone in reasonable apprehension of imminent physical injury is menacing, a Class B misdemeanor under KRS 508.050.
Is assault a felony in Kentucky?
Fourth-degree assault is a Class A misdemeanor. Assault is a felony in the first degree (Class B), second degree (Class C) and third degree (Class D for injury or attempted injury to a listed victim), and a third fourth-degree assault within five years against family or unmarried-couple members may be convicted as a Class D felony under KRS 508.032.
What is the penalty for fourth-degree assault in Kentucky?
Assault in the fourth degree is a Class A misdemeanor, punishable by up to 12 months in jail (KRS 532.090) and a fine of up to $500 (KRS 534.040).
What happens if you assault a police officer in Kentucky?
Intentionally, or recklessly with a deadly weapon or dangerous instrument, causing or attempting to cause physical injury to a state, county, city or federal peace officer is third-degree assault, a Class D felony under KRS 508.025. Intentionally causing an officer who is discharging official duties to come into contact with bodily fluids without consent is a Class B misdemeanor, or Class A if the person knows of a serious communicable disease and the contact is likely to transmit it. Intentionally taking a firearm or other deadly weapon from an officer acting within the scope of official duties, or depriving the officer of its use, is disarming a peace officer, a Class D felony, with exceptions in KRS 508.160(3).
Is assaulting a teacher or nurse a felony in Kentucky?
Third-degree assault, a Class D felony, covers school employees and school bus drivers acting in the course and scope of their employment. It covers healthcare providers and certain health facility workers only when the event occurs in or on the premises of a listed facility, such as a hospital, clinic, doctor's or dental office, long-term care facility, jail or correctional facility.
Is choking someone a felony in Kentucky?
Yes. Intentionally impeding another person's normal breathing or blood circulation, without consent, by pressure on the throat or neck or by blocking the nose or mouth is strangulation in the first degree, a Class C felony (KRS 508.170); doing it wantonly is second degree, a Class D felony (KRS 508.175).
How long do you have to sue for assault in Kentucky?
KRS 413.140(1)(a) requires an action for an injury to the person of the plaintiff to be commenced within one year after the cause of action accrued. The section does not name assault or battery. If the injured person was a minor or of unsound mind when the claim arose, KRS 413.170 lets the one year run from the removal of that disability. Claims based on listed sexual offenses have longer periods: generally five years for a victim 18 or older (KRS 413.2485) and ten years after turning 18 for childhood sexual assault or abuse (KRS 413.249). Other sections can affect the deadline.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Kentucky Revised Statutes, Chapter 508: ASSAULT AND RELATED OFFENSES
§ 508.030Assault in the fourth degreeIn forcecited in 2 of our articles
(1) A person is guilty of assault in the fourth degree when: (a) He intentionally or wantonly causes physical injury to another person; or (b) With recklessness he causes physical injury to another person by means of a deadly weapon or a dangerous instrument. (2) Assault in the fourth degree is a Class A misdemeanor.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 74 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Commonwealth v. Hager (Kentucky Supreme Court 2001, 41 S.W.3d 828)“…e maximum penalty of twelve months in jail and a $500 fine. KRS 508.030(2); KRS 532.090(1); KRS 534.040(2)(a).…”
- Brewer v. Commonwealth (Kentucky Supreme Court 2015, 478 S.W.3d 363)“…r subsequent offense of assault in. the fourth degree under KRS 508.030’within, five (5) years; and the relatio…”
- Meadows v. Commonwealth (Court of Appeals of Kentucky 2005, 178 S.W.3d 527)“…ne has raised this issue on appeal. 7 .KRS 508.030. 8 . KRS 510.140.…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kentucky Expungement Laws: KRS 431.073, 431.076, and 431.078 Explained
§ 508.025Assault in the third degreeIn force
(1) A person is guilty of assault in the third degree when the actor: (a) Recklessly, with a deadly weapon or dangerous instrument, or intentionally causes or attempts to cause physical injury to: 1. A state, county, city, or federal peace officer; 2. An employee of a detention facility, or state residential treatment facility or state staff secure facility for residential treatment which provides for the care, treatment, or detention of a juvenile charged with or adjudicated delinquent because of a public offense or as a youthful offender; 3.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
§ 508.020Assault in the second degreeIn forcecited in 2 of our articles
(1) A person is guilty of assault in the second degree when: (a) He intentionally causes serious physical injury to another person; or (b) He intentionally causes physical injury to another person by means of a deadly weapon or a dangerous instrument; or (c) He wantonly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument. (2) Assault in the second degree is a Class C felony.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 96 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Taylor v. Commonwealth (Kentucky Supreme Court 1999, 995 S.W.2d 355)“…rous instrument upon McCreary. KRS 515.020(1)(a) and (c). KRS 508.020(1) defines assault in the second degree…”
- Luttrell v. Commonwealth (Kentucky Supreme Court 1977, 554 S.W.2d 75)“…instructions they tendered on assault in the second degree. KRS 508.020. Sullivan also contends that he was ent…”
- Swan v. Commonwealth (Kentucky Supreme Court 2012, 384 S.W.3d 77)“…weapon or a dangerous instrument” (emphasis added)), with KRS 508.020(l)(b) (describing second-degree assault…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kentucky Pepper Spray and Stun Gun Laws (2026)
§ 508.010Assault in the first degreeIn forcecited in 2 of our articles
(1) A person is guilty of assault in the first degree when: (a) He intentionally causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument; or (b) Under circumstances manifesting extreme indifference to the value of human life he wantonly engages in conduct which creates a grave risk of death to another and thereby causes serious physical injury to another person. (2) Assault in the first degree is a Class B felony.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 146 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Luttrell v. Commonwealth (Kentucky Supreme Court 1977, 554 S.W.2d 75)“…zed use of a motor vehicle. KRS 506.010(4)(a); KRS 507.020; KRS 508.010, KRS 514.100. Count one of the indictme…”
- Thomas v. Commonwealth (Kentucky Supreme Court 2005, 170 S.W.3d 343)“…icted Appellant of intentional assault in the first degree, KRS 508.010(1)(a), a Class B felony, for shooting B…”
- Bartley v. Commonwealth (Kentucky Supreme Court 2013, 400 S.W.3d 714)“…721 the assault conviction was “simply nonsensical” in that KRS 508.010, the first-degree assault statute, was…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 508.032Assault of family member or member of an unmarried couple -- Enhancement of penaltyIn forcecited in 2 of our articles
(1) If a person commits a third or subsequent offense of assault in the fourth degree under KRS 508.030 within five (5) years, and the relationship between the perpetrator and the victim in each of the offenses meets the definition of family member or member of an unmarried couple, as defined in KRS 403.720, then the person may be convicted of a Class D felony. If the Commonwealth desires to utilize the provisions of this section, the Commonwealth shall indict the defendant and the case shall be tried in the Circuit Court as a felony case. The jury, or judge if the trial is without a jury, may decline to assess a felony penalty in a case under this section and may convict the defendant of a misdemeanor. The victim in the second or subsequent offense is not required to be the same person who was assaulted in the prior offenses in order for the provisions of this section to apply. (2) In determining the five (5) year period under this section, the period shall be measured from the dates on which the offenses occurred for which the judgments of conviction were entered by a court of competent jurisdiction.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Brewer v. Commonwealth (Kentucky Supreme Court 2015, 478 S.W.3d 363)“…this statute. In a prosecution under the 2000 version of KRS 508.032, Jeremy Russell Brewer entered a condit…”
- Lisle v. Commonwealth (Court of Appeals of Kentucky 2009, 290 S.W.3d 675)“…be convicted of fourth-degree assault, third offense, under KRS 508.032, two prior assault convictions involvin…”
- Galloway v. Commonwealth (Kentucky Supreme Court 2014, 424 S.W.3d 921)“…lt of a family member or a member of a an unmarried couple. KRS 508.032(1) provides: If a person commits a th…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 508.040Assault under extreme emotional disturbanceIn force
(1) In any prosecution under KRS 508.010, 508.020 or 508.030 in which intentionally causing physical injury or serious physical injury is an element of the offense, the defendant may establish in mitigation that he acted under the influence of extreme emotional disturbance, as defined in subsection (1)(a) of KRS 507.020. (2) An assault committed under the influence of extreme emotional disturbance is: (a) A Class D felony when it would constitute an assault in the first degree or an assault in the second degree if not committed under the influence of an extreme emotional disturbance; or (b) A Class B misdemeanor when it would constitute an assault in the fourth degree if not committed under the influence of an extreme emotional disturbance.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
§ 508.050MenacingIn force
(1) A person is guilty of menacing when he intentionally places another person in reasonable apprehension of imminent physical injury. (2) Menacing is a Class B misdemeanor.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
§ 508.170Strangulation in the first degreeIn force
(1) A person is guilty of strangulation in the first degree when the person, without consent, intentionally impedes the normal breathing or circulation of the blood of another person by: (a) Applying pressure on the throat or neck of the other person; or (b) Blocking the nose or mouth of the other person. (2) Strangulation in the first degree is a Class C felony.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
§ 508.175Strangulation in the second degreeIn force
(1) A person is guilty of strangulation in the second degree when the person, without consent, wantonly impedes the normal breathing or circulation of the blood of another person by: (a) Applying pressure on the throat or neck of the other person; or (b) Blocking the nose or mouth of the other person. (2) Strangulation in the second degree is a Class D felony.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Kentucky Revised Statutes, Chapter 500: GENERAL PROVISIONS
§ 500.080Definitions for Kentucky Penal CodeIn forcecited in 6 of our articles
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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 221 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Taylor v. Commonwealth (Kentucky Supreme Court 1999, 995 S.W.2d 355)“…at the injury was a "serious physical injury" as defined in KRS 500.080(15), as opposed to a "physical injury"…”
- Wilburn v. Commonwealth (Kentucky Supreme Court 2010, 312 S.W.3d 321)“…ave been armed with a deadly weapon. See KRS 515.020(l)(b). KRS 500.080(4)(b) defines a deadly weapon, as it is…”
- Luttrell v. Commonwealth (Kentucky Supreme Court 1977, 554 S.W.2d 75)“…dangerous instrument; . . .". Physical injury is defined in KRS 500.080(13) to be substantial physical pain or…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Knife Laws by State (2026): Carry Rules, Blade Limits, Penalties, Pepper Spray and Stun Gun Laws by State (2026), Kentucky Knife Laws (2026): Carry, Age Rules, and Exceptions
Kentucky Revised Statutes, Chapter 532: CLASSIFICATION AND DESIGNATION OF OFFENSES -- AUTHORIZED DISPOSITION
§ 532.060Sentence of imprisonment for felony -- Postincarceration supervisionIn forcecited in 7 of our articles
(1) A sentence of imprisonment for a felony shall be an indeterminate sentence, the maximum of which shall be fixed within the limits provided by subsection (2) of this section, and subject to modification by the trial judge pursuant to KRS 532.070. (2) Unless otherwise provided by law, the authorized maximum terms of imprisonment for felonies are: (a) For a Class A felony, not less than twenty (20) years nor more than fifty (50) years, or life imprisonment; (b) For a Class B felony, not less than ten (10) years nor more than twenty (20) years; (c) For a Class C felony, not less than five (5) years nor more than ten (10) years; and (d) For a Class D felony, not less than one (1) year nor more than five (5) years. (3) For any felony specified in KRS Chapter 510 or KRS 529.100, 529.110, 530.020, 530.064(1)(a), 531.310, 531.320, 531.335, or 531.340, the sentence shall include an additional five (5) year period of postincarceration supervision which shall be added to the maximum sentence rendered for the offense.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 163 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Commonwealth v. Reneer (Kentucky Supreme Court 1987, 734 S.W.2d 794)“…ediately after imposition of sentence." See Commentary to KRS 532.060. Although the Parole Board has promulga…”
- Dixon v. Commonwealth (Kentucky Supreme Court 2008, 263 S.W.3d 583)“…Blockburger test). 20 . Under KRS 532.060(2)(b), the punishment range for a Class…”
- Young v. Commonwealth (Kentucky Supreme Court 2000, 25 S.W.3d 66)“…of imprisonment for a felony is fixed by a jury pursuant to KRS 532.060 and the trial court, having regard to t…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kentucky Audio Recording Laws: One-Party Consent Rules and Penalties, Kentucky Surveillance Camera Laws (2026 Guide), Kentucky Recording Laws (2026): One-Party Consent Rules
§ 532.090Sentence of imprisonment for misdemeanorIn forcecited in 4 of our articles
A sentence of imprisonment for a misdemeanor shall be a definite term and shall be fixed within the following maximum limitations: (1) For a Class A misdemeanor, the term shall not exceed twelve (12) months; and (2) For a Class B misdemeanor, the term shall not exceed ninety (90) days.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 30 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Hoskins v. Maricle (Kentucky Supreme Court 2004, 150 S.W.3d 1)“…e to each offense. KRS 532.060 (imprisonment for felonies); KRS 532.090 (imprisonment for misdemeanors); KRS 53…”
- Johnson v. Commonwealth (Kentucky Supreme Court 2003, 105 S.W.3d 430)“…n aggregate maximum penalty of twelve months incarceration, KRS 532.090(1), KRS 532.110(1)(b), were, pursuant t…”
- Commonwealth v. Hager (Kentucky Supreme Court 2001, 41 S.W.3d 828)“…y of twelve months in jail and a $500 fine. KRS 508.030(2); KRS 532.090(1); KRS 534.040(2)(a). Since the jurors…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kentucky Window Tint Laws (2026): Legal VLT Limits
Kentucky Revised Statutes, Chapter 534: FINES
§ 534.030Fines for feloniesIn forcecited in 5 of our articles
(1) Except as otherwise provided for an offense defined outside this code, a person who has been convicted of any felony shall, in addition to any other punishment imposed upon him, be sentenced to pay a fine in an amount not less than one thousand dollars ($1,000) and not greater than ten thousand dollars ($10,000) or double his gain from commission of the offense, whichever is the greater. (2) In determining the amount and method of paying a fine for commission of a felony, the court shall consider, among others, the following factors: (a) The defendant's ability to pay the amount of the fine; (b) The hardship likely to be imposed on the defendant's dependents by the amount of the fine and the time and method of paying it; (c) The impact the amount of the fine will have on the defendant's ability to make reparation or restitution to the victim; and (d) The amount of the defendant's gain, if any, derived from the commission of the offense.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 26 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Jones v. Commonwealth (Kentucky Supreme Court 2011, 382 S.W.3d 22)“…the court costs and jail fee were assessed in violation of KRS 534.030(4) because he was before the court as a…”
- Simpson v. Commonwealth (Kentucky Supreme Court 1994, 889 S.W.2d 781)“…(1964). The statutes at issue are KRS 532.030(3) and KRS 534.030(1). The latter statute is more specific…”
- Commonwealth v. Reed (Kentucky Supreme Court 2012, 374 S.W.3d 298)“…eded, the imposition of a $1,000 fine on Reed was improper. KRS 534.030 states: (1) ... a person who has been…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kentucky AI Meeting Recording Laws (2026)
§ 534.040Fines for misdemeanors and violationsIn forcecited in 3 of our articles
(1) Fines and imprisonment for misdemeanors shall not be mutually exclusive. In any case where imprisonment is authorized, a fine may be levied in addition to the imprisonment, or a fine may be levied as an alternative to imprisonment. Similarly, a fine may be levied in lieu of imprisonment. Whether the fine is to be levied as the sole penalty or as an additional or alternative penalty shall be in the discretion of the judge or jury as the case may be. If the trial is by jury, the jury shall have the discretion. This rule shall apply in all cases where a fine is not the exclusive penalty authorized by law. (2) Except as otherwise provided for an offense defined outside this code, a person who has been convicted of any offense other than a felony shall be sentenced, in addition to any other punishment imposed upon him, to pay a fine in an amount not to exceed: (a) For a Class A misdemeanor, five hundred dollars ($500); or (b) For a Class B misdemeanor, two hundred fifty dollars ($250); or (c) For a violation, two hundred fifty dollars ($250). (3) This section shall not apply to a corporation.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 39 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Trigg v. Commonwealth (Kentucky Supreme Court 2015, 460 S.W.3d 322)“…on, under KRS Chapter 31, and therefore, in accordance with KRS 534.040(4), the imposition of the fine was erro…”
- Terry v. Commonwealth (Kentucky Supreme Court 2008, 253 S.W.3d 466)“…d imposition of a fine is contrary to, among other matters, KRS 534.040(4). [30] We note in passing that Ter…”
- Roberts v. Commonwealth (Kentucky Supreme Court 2013, 410 S.W.3d 606)“…a total of $1,500. We hold it clearly erred by doing so. KRS 534.040(1) and (2) authorize the imposition of…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Kentucky Revised Statutes, Chapter 403: DISSOLUTION OF MARRIAGE -- CHILD CUSTODY
§ 403.720Definitions for KRS 403.715 to 403.785In forcecited in 2 of our articles
As used in KRS 403.715 to 403.785: (1) "Domestic animal" means a dog, cat, or other animal that is domesticated and kept as a household pet, but does not include animals normally raised for agricultural or commercial purposes; (2) "Domestic violence and abuse" means: (a) Physical injury, serious physical injury, stalking, sexual assault, strangulation, assault, or the infliction of fear of imminent physical injury, serious physical injury, sexual assault, strangulation, or assault between family members or members of an unmarried couple; or (b) Any conduct prohibited by KRS 525.125, 525.130, 525.135, or 525.137, or the infliction of fear of such imminent conduct, taken against a domestic animal when used as a method of coercion, control, punishment, intimidation, or revenge directed against a family member or member of an unmarried couple who has a close bond of affection to the domestic animal; (3) "Family member" means a spouse, including a former spouse, a grandparent, a grandchild, a parent, an adult sibling, a child, a stepchild, or any other person living in the same household as a child if the child is the alleged victim; (4) "Foreign protective order" means any…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 225 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Springer v. Commonwealth (Kentucky Supreme Court 1999, 998 S.W.2d 439)“…in the context of domestic violence and abuse as defined by KRS 403.720, belief that danger is imminent can be…”
- Pennington v. Marcum (Kentucky Supreme Court 2008, 266 S.W.3d 759)“…upport; (d) If domestic violence and abuse, as defined in KRS 403.720, is found by the court to exist, the ex…”
- Caudill v. Caudill (Court of Appeals of Kentucky 2010, 318 S.W.3d 112)“…definition of domestic violence and abuse, as expressed in KRS 403.720(1), includes “physical injury, serious…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kentucky Restraining Order Laws (2026): How to Get a Protective Order
Kentucky Revised Statutes, Chapter 413: LIMITATION OF ACTIONS
§ 413.140Actions to be brought within one yearIn forcecited in 15 of our articles
(1) The following actions shall be commenced within one (1) year after the cause of action accrued: (a) An action for an injury to the person of the plaintiff, or of her husband, his wife, child, ward, apprentice, or servant; (b) An action for injuries to persons, cattle, or other livestock by railroads or other corporations, with the exception of hospitals licensed pursuant to KRS Chapter 216; (c) An action for malicious prosecution, conspiracy, arrest, seduction, criminal conversation, or breach of promise of marriage; (d) An action for libel or slander; (e) An action against a physician, surgeon, dentist, or hospital licensed pursuant to KRS Chapter 216, for negligence or malpractice; (f) A civil action, arising out of any act or omission in rendering, or failing to render, professional services for others, whether brought in tort or contract, against a real property appraiser holding a certificate or license issued under KRS Chapter 324A or a real estate broker or sales associate holding a license issued under KRS Chapter 324; (g) An action for the escape of a prisoner, arrested or imprisoned on civil process; (h) An action for the recovery of usury paid for the loan…
Official text (excerpt) · last checked 2026-09-08 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 648 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Craft v. Rice (Kentucky Supreme Court 1984, 671 S.W.2d 247)“…applies to this situation rather than the one-year limit of KRS 413.140(1)(a) for injury "to the person of the…”
- Rigazio v. Archdiocese of Louisville (Court of Appeals of Kentucky 1993, 853 S.W.2d 295)“…it was time barred under the one-year limitation period of KRS 413.140(l)(a). On December 5, 1990, following a…”
- Emberton v. GMRI, Inc. (Kentucky Supreme Court 2009, 299 S.W.3d 565)“…uit within the one-year statute of limitations, pursuant to KRS 413.140(l)(a). 7 In response, Embe…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kentucky Hit and Run Laws: Penalties and What to Do, Kentucky Dashcam Laws: Legality, Mounting Rules, and Evidence Use, Kentucky Dog Bite Laws: Liability and Victim Rights
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Sources and References
- KRS 508.030, Assault in the fourth degree(apps.legislature.ky.gov).gov
- KRS 508.050, Menacing(apps.legislature.ky.gov).gov
- KRS 508.025, Assault in the third degree(apps.legislature.ky.gov).gov
- KRS 508.020, Assault in the second degree(apps.legislature.ky.gov).gov
- KRS 508.010, Assault in the first degree(apps.legislature.ky.gov).gov
- KRS 508.040, Assault under extreme emotional disturbance(apps.legislature.ky.gov).gov
- KRS 508.175, Strangulation in the second degree(apps.legislature.ky.gov).gov
- KRS 508.170, Strangulation in the first degree(apps.legislature.ky.gov).gov
- KRS 508.032, Assault of family member or member of an unmarried couple, enhancement of penalty(apps.legislature.ky.gov).gov
- KRS 532.060, Sentence of imprisonment for felony(apps.legislature.ky.gov).gov
- KRS 532.090, Sentence of imprisonment for misdemeanor(apps.legislature.ky.gov).gov
- KRS 534.030, Fines for felonies(apps.legislature.ky.gov).gov
- KRS 534.040, Fines for misdemeanors and violations(apps.legislature.ky.gov).gov
- KRS 500.080, Definitions for Kentucky Penal Code(apps.legislature.ky.gov).gov
- KRS 403.720, Definitions for domestic violence and abuse(apps.legislature.ky.gov).gov
- 18 U.S.C. 922, Unlawful acts (firearms)(www.govinfo.gov).gov
- 2026 Ky. Acts ch. 28 (HB 188), Corrections Impact Statement(apps.legislature.ky.gov).gov
- 2026 Ky. Acts ch. 28 (HB 188), act text(apps.legislature.ky.gov).gov
- 2026 Ky. Acts ch. 67, stalking(apps.legislature.ky.gov).gov
- KRS 413.140, Actions to be brought within one year(apps.legislature.ky.gov).gov
- KRS 508.022, Certain assault convictions operate as applications for protective orders(apps.legislature.ky.gov).gov
- KRS 508.160, Disarming a peace officer(apps.legislature.ky.gov).gov
- KRS 532.080, Persistent felony offender sentencing(apps.legislature.ky.gov).gov
- KRS 532.029, Persistent violent felony offender sentencing(apps.legislature.ky.gov).gov
- KRS 439.3401, Violent offenders(apps.legislature.ky.gov).gov
- KRS 413.170, Limitations do not run until removal of disability(apps.legislature.ky.gov).gov
- KRS 413.2485, Action relating to injury to an adult as a result of a sexual offense(apps.legislature.ky.gov).gov
- KRS 413.249, Action relating to childhood sexual abuse or childhood sexual assault(apps.legislature.ky.gov).gov
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