Kentucky Statutes 508.078 – Terroristic threatening in the second degree
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(1) A person is guilty of terroristic threatening in the second degree when, other than as provided in KRS § 508.075, he or she intentionally:
(a) With respect to any scheduled, publicly advertised event open to the public, any place of worship, or any school function, threatens to commit any act likely to result in death or serious physical injury to any person at a scheduled, publicly advertised event open to the public, any person at a place of worship, or any student group, teacher, volunteer worker, or employee of a public or private elementary or secondary school, vocational school, or institution of postsecondary education, or to any other person reasonably expected to lawfully be on school property or at a school-sanctioned activity, if the threat is related to their employment by a school, or work or attendance at school, or a school function. A threat directed at a person or persons at a scheduled, publicly advertised event open to the public, place of worship, or school does not need to identify a specific person or persons or school in order for a violation of this section to occur;
For details, see § 532.060
(b) Makes false statements by any means, including by electronic communication, indicating that an act likely to result in death or serious physical injury is occurring or will occur for the purpose of:
1. Causing evacuation of a school building, school property, or school- sanctioned activity;
2. Causing cancellation of school classes or school-sanctioned activity; or
3. Creating fear of death or serious physical injury among students, parents, or school personnel;
(c) Makes false statements that he or she has placed a weapon of mass destruction at any location other than one specified in KRS § 508.075; or
(d) Without lawful authority places a counterfeit weapon of mass destruction at any location other than one specified in KRS § 508.075.
(2) A counterfeit weapon of mass destruction is placed with lawful authority if it is placed as part of an official training exercise by a public servant, as defined in KRS
522.010.
(3) A person is not guilty of commission of an offense under this section if he or she, innocently and believing the information to be true, communicates a threat made by another person to school personnel, a peace officer, a law enforcement agency, a public agency involved in emergency response, or a public safety answering point and identifies the person from whom the threat was communicated, if known.
(4) Except as provided in subsection (5) of this section, terroristic threatening in the second degree is a Class D felony.
(5) Terroristic threatening in the second degree is a Class C felony when, in addition to violating subsection (1) of this section, the person intentionally engages in substantial conduct required to prepare for or carry out the threatened act, including but not limited to gathering weapons, ammunition, body armor, vehicles, or materials required to manufacture a weapon of mass destruction.
Effective: February 21, 2020
History: Amended 2020 Ky. Acts ch. 5, sec. 12, effective February 21, 2020. — Amended 2019 Ky. Acts ch. 5, sec. 20, effective March 11, 2019.; and ch. 96, sec. 1, effective June 27, 2019. — Amended 2019 Ky. Acts ch. 96, sec. 1, effective June 27,
2019 — Created 2001 Ky. Acts ch. 113, sec. 2, effective June 21, 2001.
(a) With respect to any scheduled, publicly advertised event open to the public, any place of worship, or any school function, threatens to commit any act likely to result in death or serious physical injury to any person at a scheduled, publicly advertised event open to the public, any person at a place of worship, or any student group, teacher, volunteer worker, or employee of a public or private elementary or secondary school, vocational school, or institution of postsecondary education, or to any other person reasonably expected to lawfully be on school property or at a school-sanctioned activity, if the threat is related to their employment by a school, or work or attendance at school, or a school function. A threat directed at a person or persons at a scheduled, publicly advertised event open to the public, place of worship, or school does not need to identify a specific person or persons or school in order for a violation of this section to occur;
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C felony | between 5 and 10 years | between $1,000 and $10,000 |
| Class D felony | between 1 and 5 years | between $1,000 and $10,000 |
(b) Makes false statements by any means, including by electronic communication, indicating that an act likely to result in death or serious physical injury is occurring or will occur for the purpose of:
1. Causing evacuation of a school building, school property, or school- sanctioned activity;
2. Causing cancellation of school classes or school-sanctioned activity; or
3. Creating fear of death or serious physical injury among students, parents, or school personnel;
(c) Makes false statements that he or she has placed a weapon of mass destruction at any location other than one specified in KRS § 508.075; or
(d) Without lawful authority places a counterfeit weapon of mass destruction at any location other than one specified in KRS § 508.075.
(2) A counterfeit weapon of mass destruction is placed with lawful authority if it is placed as part of an official training exercise by a public servant, as defined in KRS
522.010.
(3) A person is not guilty of commission of an offense under this section if he or she, innocently and believing the information to be true, communicates a threat made by another person to school personnel, a peace officer, a law enforcement agency, a public agency involved in emergency response, or a public safety answering point and identifies the person from whom the threat was communicated, if known.
(4) Except as provided in subsection (5) of this section, terroristic threatening in the second degree is a Class D felony.
(5) Terroristic threatening in the second degree is a Class C felony when, in addition to violating subsection (1) of this section, the person intentionally engages in substantial conduct required to prepare for or carry out the threatened act, including but not limited to gathering weapons, ammunition, body armor, vehicles, or materials required to manufacture a weapon of mass destruction.
Effective: February 21, 2020
History: Amended 2020 Ky. Acts ch. 5, sec. 12, effective February 21, 2020. — Amended 2019 Ky. Acts ch. 5, sec. 20, effective March 11, 2019.; and ch. 96, sec. 1, effective June 27, 2019. — Amended 2019 Ky. Acts ch. 96, sec. 1, effective June 27,
2019 — Created 2001 Ky. Acts ch. 113, sec. 2, effective June 21, 2001.