Terms Used In Kentucky Statutes > Chapter 6 - The General Assembly

• Abuse or threatened abuse of law or legal process: means the use or threatened use of a law or legal process, whether administrative, civil, or criminal, in any manner or for any purpose for which the law was not designed, in order to exert pressure on another person to cause that person to take some action or refrain from taking some action. See Kentucky Statutes 529.010
• Account: means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. See Kentucky Statutes 395A.020
• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Administrator: means the Kentucky State Treasurer. See Kentucky Statutes 393A.010
• Adult: means an individual who has attained eighteen (18) years of age or an emancipated minor. See Kentucky Statutes 403A.102
• Adult intermediary: means a person who is age eighteen (18) years or older, who communicates with another for the purpose of procuring or promoting the use of a minor in violation of KRS §. See Kentucky Statutes 510.010
• Adulterated: means varying from the standard of composition or quality prescribed by statute or lawfully promulgated administrative regulation or, if none, as set by established commercial usage. See Kentucky Statutes 517.010
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Agent: means an attorney-in-fact granted authority under a durable or nondurable power of attorney. See Kentucky Statutes 395A.020
• Agent: means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise. See Kentucky Statutes 457.020
• Air pollution: means the presence in the outdoor atmosphere of one (1) or more air contaminants in sufficient quantities and of such characteristics and duration as is or threatens to be injurious to human, plant, or animal life, or to property, or which unreasonably interferes with the comfortable enjoyment of life or property. See Kentucky Statutes 224.1-010
• Allegation: something that someone says happened.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Amortization: Paying off a loan by regular installments.
• Animal: includes every warm-blooded living creature except a human being. See Kentucky Statutes 446.010
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• any other state: includes any state, territory, outlying possession, the District of Columbia, and any foreign government or country. See Kentucky Statutes 446.010
• Apparent owner: means a person whose name appears on the records of a holder as the owner of property held, issued, or owing by the holder. See Kentucky Statutes 393A.010
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appraisal: A determination of property value.
• area: means any geographical area established or designated by the cabinet in accordance with the provisions of this chapter. See Kentucky Statutes 224.1-010
• Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
• Arrest: Taking physical custody of a person by lawful authority.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Bailiff: a court officer who enforces the rules of behavior in courtrooms.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Benefit: means gain or advantage to the beneficiary or to a third person pursuant to the desire or consent of the beneficiary. See Kentucky Statutes 518.010
• Benefit: means gain or advantage to the beneficiary or to a third person pursuant to the desire or consent of the beneficiary. See Kentucky Statutes 519.010
• Benefit: means gain or advantage to the beneficiary or to a third person pursuant to the desire or consent of the beneficiary. See Kentucky Statutes 522.010
• Bequest: Property gifted by will.
• Biennium: means the two (2) year period commencing on July 1 in each even- numbered year and ending on June 30 in the ensuing even-numbered year. See Kentucky Statutes 446.010
• Bookmaking: means advancing gambling activity by unlawfully accepting bets upon the outcome of future contingent events from members of the public as a business. See Kentucky Statutes 528.010
• branch budget: means an enactment by the General Assembly which provides appropriations and establishes fiscal policies and conditions for the biennial financial plan for the judicial branch, the legislative branch, and the executive branch, which shall include a separate budget bill for the Transportation Cabinet. See Kentucky Statutes 446.010
• Business record: means any writing or article kept or maintained by an enterprise for the purpose of evidencing or reflecting its condition or activity. See Kentucky Statutes 517.010
• Business trust: includes , except when utilized in KRS Chapter 386, a "statutory trust" as organized under KRS Chapter 386A. See Kentucky Statutes 446.010
• Cabinet: means the Energy and Environment Cabinet. See Kentucky Statutes 224.1-010
• Capital offense: A crime punishable by death.
• Caretaking authority: means the right to live with and care for a child on a day-to- day basis. See Kentucky Statutes 403A.102
• Carries: means engages in the transmission of an electronic communication. See Kentucky Statutes 395A.020
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• Case permanency plan: means a document identifying decisions made by the cabinet, for both the biological family and the child, concerning action which needs to be taken to assure that the child in foster care expeditiously obtains a permanent home. See Kentucky Statutes 620.020
• Case plan: means an individualized accountability and behavior change strategy for supervised individuals that:
  (a) Targets and prioritizes the specific criminal risk factors of the individual based upon his or her assessment results. See Kentucky Statutes 446.010
• Case progress report: means a written record of goals that have been achieved in the case of a child. See Kentucky Statutes 620.020
• Catalogue of electronic communications: means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person. See Kentucky Statutes 395A.020
• Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
• cave: includes or is synonymous with "cavern. See Kentucky Statutes 433.871
• Cave life: means any life form which normally occurs in, uses, visits, or inhabits any cave or subterranean water system, excepting those animals and species covered by any of the game laws of the Commonwealth of Kentucky. See Kentucky Statutes 433.871
• Certified mail: means any method of governmental, commercial, or electronic delivery that allows a document or package to have proof of:
  (a) Sending the document or package. See Kentucky Statutes 446.010
• Chambers: A judge's office.
• Charitable gaming: means games of chance conducted by charitable organizations licensed and regulated under the provisions of KRS Chapter 238. See Kentucky Statutes 528.010
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
• Child: means :
  (a) An unemancipated individual who has not attained eighteen (18) years of age. See Kentucky Statutes 403A.102
• Circumstantial evidence: All evidence except eyewitness testimony.
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Closure: means the time at which a waste treatment, storage, or disposal facility permanently ceases to accept wastes, and includes those actions taken by the owner or operator of the facility to prepare the site for post-closure monitoring and maintenance or to make it suitable for other uses. See Kentucky Statutes 224.1-010
• Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
• Coin machine: means a coin box, turnstile, vending machine, or other mechanical or electronic device or receptacle designed:
  (a) To receive a coin or bill or token made for the purpose. See Kentucky Statutes 516.010
• Coin-operated amusement machine: means a lawful machine or device that requires the direct or indirect payment of consideration, including but not limited to the insertion of a coin, currency, ticket, token, or similar object, or the depositing of funds with the operator or owner of the device, and that contains no material element of chance and automatically, by or through some mechanical operation, affords music or amusement of some character with or without vending any merchandise, but in addition to any merchandise. See Kentucky Statutes 528.010
• Commercial sexual activity: means :
  (a) Any sex act, for which anything of value is given to, promised to, or received by any person. See Kentucky Statutes 529.010
• Commissioner: means the commissioner of the Department of Corrections. See Kentucky Statutes 441.005
• Committee amendment: An amendment recommended by a committee in reporting a bill or other measure.
• Committee substitute: Short for committee amendment in the nature of a substitute.
• Common disaster: A sudden and extraordinary misfortune that brings about the simultaneous or near-simultaneous deaths of two or more associated persons, such as husband and wife.
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Complete written instrument: means a written instrument which purports to be a genuine written instrument fully drawn with respect to every essential feature thereof. See Kentucky Statutes 516.010
• Composting: means the process by which biological decomposition of organic solid waste is carried out under controlled aerobic conditions, and which stabilizes the organic fraction into a material which can easily and safely be stored, handled, and used in an environmentally acceptable manner:
  (a) "Composting" may include a process which creates an anaerobic zone within the composting material. See Kentucky Statutes 224.1-010
• Confidential information: means records, reports, and information that are confidential under KRS §. See Kentucky Statutes 393A.010
• Conservator: means a person appointed by a court to manage the estate of a living individual. See Kentucky Statutes 395A.020
• Continuance: Putting off of a hearing ot trial until a later time.
• Contraband: means any article or thing which a person confined in a detention facility is prohibited from obtaining or possessing by statute, departmental regulation, or posted institutional rule or order. See Kentucky Statutes 520.010
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Corporation: may extend and be applied to any corporation, company, partnership, joint stock company, or association. See Kentucky Statutes 446.010
• Counterclaim: A claim that a defendant makes against a plaintiff.
• Court: means District Court. See Kentucky Statutes 395A.020
• Court: means a tribunal authorized under law of this state other than this chapter to make, enforce, or modify a decision regarding custodial responsibility. See Kentucky Statutes 403A.102
• Criminal gang: means any alliance, network, conspiracy, or group that:
  (a) Consists of three (3) or more persons who have any of the following in common:
  1. See Kentucky Statutes 506.135
• Custodial responsibility: includes all powers and duties relating to caretaking authority and decision-making authority for a child. See Kentucky Statutes 403A.102
• Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Kentucky Statutes 395A.020
• Custody: means restraint by a public servant pursuant to a lawful arrest, detention, or an order of court for law enforcement purposes, but does not include supervision of probation or parole or constraint incidental to release on bail. See Kentucky Statutes 520.010
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dangerous contraband: means contraband which is capable of use to endanger the safety or security of a detention facility or persons therein, including, but not limited to, dangerous instruments as defined in KRS §. See Kentucky Statutes 520.010
• Dating relationship: means a relationship between individuals who have or have had a relationship of a romantic or intimate nature. See Kentucky Statutes 456.010
• Dating violence and abuse: means :
  (a) Physical injury, serious physical injury, stalking, sexual assault, strangulation, or the infliction of fear of imminent physical injury, serious physical injury, sexual abuse, strangulation, or assault occurring between persons who are or have been in a dating relationship. See Kentucky Statutes 456.010
• de facto custodian: means a person who has been shown by clear and convincing evidence to have been the primary caregiver for, and financial supporter of, a child who within the last two (2) years has resided with the person for an aggregate period of six (6) months or more if the child is under three (3) years of age and for an aggregate period of one (1) year or more if the child is three (3) years of age or older or has been placed by the Department for Community Based Services. See Kentucky Statutes 403.270
• Deadly physical force: means force which is used with the purpose of causing death or serious physical injury or which the defendant knows to create a substantial risk of causing death or serious physical injury. See Kentucky Statutes 503.010
• Debt bondage: means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for the debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined. See Kentucky Statutes 529.010
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Deface: means to remove, deface, cover, alter, or destroy the manufacturer's serial number or any other distinguishing number or identification mark. See Kentucky Statutes 527.010
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Defense attorney: Represent defendants in criminal matters.
• Department: means the Department of Corrections. See Kentucky Statutes 441.005
• Department: means the Department of Corrections. See Kentucky Statutes 504.060
• Dependent: A person dependent for support upon another.
• Deploying parent: means a service member who is deployed or has been notified of impending deployment and is:
  (a) A parent of a child under law of this state other than this chapter. See Kentucky Statutes 403A.102
• Deployment: means the movement or mobilization of a service member for more than ninety (90) days but less than eighteen (18) months pursuant to uniformed service orders that:
  (a) Are designated as unaccompanied. See Kentucky Statutes 403A.102
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Deprive: means :
  (a) To withhold property of another permanently or for so extended a period as to appropriate a major portion of its economic value or with intent to restore only upon payment of reward or other compensation. See Kentucky Statutes 514.010
• Designated recipient: means a person chosen by a user using an online tool to administer digital assets of the user. See Kentucky Statutes 395A.020
• Detention facility: means any building and its premises used for the confinement of a person:
  (a) Charged with or convicted of an offense. See Kentucky Statutes 520.010
• Deviate sexual intercourse: means any act of sexual gratification involving the sex organs of one person and the mouth or anus of another. See Kentucky Statutes 510.010
• Devise: To gift property by will.
• Digital asset: means an electronic record in which an individual has a right or interest. See Kentucky Statutes 395A.020
• Directors: when applied to corporations, includes managers or trustees. See Kentucky Statutes 446.010
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• disposable earnings: means that part of the earnings of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld. See Kentucky Statutes 427.005
• Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any waste into or on any land or water so that such waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. See Kentucky Statutes 224.1-010
• Distribute: means to transfer possession of, whether with or without consideration. See Kentucky Statutes 531.010
• District: means an air pollution control district as provided for in KRS Chapter 77. See Kentucky Statutes 224.1-010
• Docket: A log containing brief entries of court proceedings.
• Domestic: when applied to a corporation, partnership, business trust, or limited liability company, means all those incorporated or formed by authority of this state. See Kentucky Statutes 446.010
• 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. See Kentucky Statutes 456.010
• Domestic animal: means any animal converted to domestic habitat. See Kentucky Statutes 446.010
• Domicile: means :
  (a) For a corporation, the state of its incorporation. See Kentucky Statutes 393A.010
• Donee: The recipient of a gift.
• Donor: The person who makes a gift.
• Dower: A widow
• dwelling: as used in this chapter means a mobile home, boat or similar property used as a place of residence. See Kentucky Statutes 425.006
• Dwelling: means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night. See Kentucky Statutes 503.010
• Dwelling: means a building which is usually occupied by a person lodging therein. See Kentucky Statutes 511.010
• earnings: means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program. See Kentucky Statutes 427.005
• Eavesdrop: means to overhear, record, amplify or transmit any part of a wire or
  oral communication of others without the consent of at least one (1) party thereto by
  means of any electronic, mechanical or other device. See Kentucky Statutes 526.010
• Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Kentucky Statutes 393A.010
• Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Kentucky Statutes 395A.020
• Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Kentucky Statutes 457.020
• Electronic communication: has the meaning set forth in 18 U. See Kentucky Statutes 395A.020
• Electronic communication service: means a custodian that provides to a user the ability to send or receive an electronic communication. See Kentucky Statutes 395A.020
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Emergency response: means a response by two (2) or more first responders to a reported incident that:
  (a) Is of such an emergent nature that the exemptions provided under KRS
  189. See Kentucky Statutes 519.010
• Enterprise: means any entity of one (1) or more persons, corporate or otherwise, public or private, engaged in business, commercial, professional, industrial, eleemosynary, social, political, or governmental activity. See Kentucky Statutes 517.010
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escape: means departure from custody or the detention facility in which a person is held or detained when the departure is unpermitted, or failure to return to custody or detention following a temporary leave granted for a specific purpose or for a limited period. See Kentucky Statutes 520.010
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Event: means a sports contest or other public performance to which the general public is not admitted without consideration. See Kentucky Statutes 518.010
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Evidence-based practices: means policies, procedures, programs, and practices proven by scientific research to reliably produce reductions in recidivism when implemented competently. See Kentucky Statutes 446.010
• Ex officio: Literally, by virtue of one's office.
• Executive session: A portion of the Senate's daily session in which it considers executive business.
• Executor: A male person named in a will to carry out the decedent
• Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• Family member: means a sibling, aunt, uncle, cousin, stepparent, or grandparent of a child or an individual recognized to be in a familial relationship with a child under law of this state other than this chapter. See Kentucky Statutes 403A.102
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• fiduciary: as used in this chapter :
  (1) Means any person, association, or corporation meeting the requirements of KRS
  395. See Kentucky Statutes 395.001
• Fiduciary: means an original, additional, or successor personal representative, conservator, agent, or trustee. See Kentucky Statutes 395A.020
• Fiduciary: means a trustee, guardian, executor, administrator, receiver, and any person carrying on fiduciary functions on behalf of a corporation or other organization which is a fiduciary. See Kentucky Statutes 517.010
• Financial institution: means a bank, insurance company, credit union, building and loan association, savings and loan association, investment trust or other organization held out to the public as a place of deposit of funds or medium of savings or collective investment. See Kentucky Statutes 514.010
• Financial organization: means a savings and loan association, building and loan association, savings bank, industrial bank, bank, banking organization, or credit union. See Kentucky Statutes 393A.010
• Firearm: means any weapon which will expel a projectile by the action of an explosive. See Kentucky Statutes 527.010
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Floor amendment: An amendment offered by an individual legisator from the floor during consideration of a bill or other measure, in contrast to a committee amendment.
• Floor leaders: The Majority Leader and Minority Leader are elected by their respective party conferences to serve as the chief Senate spokesmen for their parties and to manage and schedule the legislative and executive business of the Senate. By custom, the Presiding Officer gives the floor leaders priority in obtaining recognition to speak on the floor of the Senate.
• Forbearance: A means of handling a delinquent loan. A
• Forced labor or services: means labor or services that are performed or provided by another person and that are obtained through force, fraud, or coercion. See Kentucky Statutes 529.010
• Forcible compulsion: means physical force or threat of physical force, express or implied, which places a person in fear of immediate death, physical injury to self or another person, fear of the immediate kidnap of self or another person, or fear of any offense under this chapter. See Kentucky Statutes 510.010
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Foreign object: means anything used in commission of a sexual act other than the person of the actor. See Kentucky Statutes 510.010
• Forensic psychiatric facility: means a mental institution or facility, or part thereof, designated by the secretary of the Cabinet for Health and Family Services for the purpose and function of providing inpatient evaluation, care, and treatment for mentally ill persons or individuals with an intellectual disability who have been charged with or convicted of a felony. See Kentucky Statutes 504.060
• Foreseeable future: means not more than three hundred sixty (360) days. See Kentucky Statutes 504.060
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Foster care: means the provision of temporary twenty-four (24) hour care for a child for a planned period of time when the child is:
  (a) Removed from his parents or person exercising custodial control or supervision and subsequently placed in the custody of the cabinet. See Kentucky Statutes 620.020
• Fraud: Intentional deception resulting in injury to another.
• Gain: means the amount of money or the value of property derived from the
  commission of the crime, less the amount of money or the value of property returned to
  the victim of the crime or seized by or surrendered to lawful authority prior to the time sentence is imposed. See Kentucky Statutes 534.010
• Gambling: includes playing or offering for play any game, contest, or competition utilizing a gambling device. See Kentucky Statutes 528.010
• Gambling device: means :
  1. See Kentucky Statutes 528.010
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• garnishment: means any legal or equitable procedure through which the earnings of any individual are required to be withheld for payment of any debt. See Kentucky Statutes 427.005
• Gasification: means a process through which post-use polymers and recovered feedstocks are heated and converted into a fuel and gas mixture in an oxygen- deficient atmosphere, and then converted into raw, intermediate, and final products. See Kentucky Statutes 224.1-010
• Gate: means any structure or device situated so as to limit or prohibit access or entry to any cave. See Kentucky Statutes 433.871
• Generator: means any person, by site, whose act or process produces waste. See Kentucky Statutes 224.1-010
• Good faith: means honesty in fact. See Kentucky Statutes 457.020
• Governing body: means a county, a waste management district, an entity created pursuant to the Interlocal Cooperation Act, a taxing district created pursuant to the provisions of KRS §. See Kentucky Statutes 224.1-010
• Governmental function: means any activity which a public servant is legally authorized to undertake on behalf of the governmental unit which he or she serves. See Kentucky Statutes 519.010
• Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
• Graduated sanction: means any of a wide range of accountability measures and programs for supervised individuals, including but not limited to electronic monitoring. See Kentucky Statutes 446.010
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Grantor: The person who establishes a trust and places property into it.
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• Handgun: means any pistol or revolver originally designed to be fired by the use of a single hand, or any other firearm originally designed to be fired by the use of a single hand. See Kentucky Statutes 527.010
• Hazardous waste: means any discarded material or material intended to be discarded or substance or combination of such substances intended to be discarded, in any form which because of its quantity, concentration or physical, chemical or infectious characteristics may cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. See Kentucky Statutes 224.1-010
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• Holder: means a person obligated to hold for the account of, or to deliver or pay to, the owner, property subject to this chapter. See Kentucky Statutes 393A.010
• Holdover: means any jail housing prisoners for a maximum period of ninety-six (96) continuous hours and excluding times when a prisoner is released for a minimum of seven (7) hours for the purpose of working at his or her employment, attending an educational institution, or conducting other business pursuant to a court order, or when a prisoner is released for in court proceedings. See Kentucky Statutes 441.005
• Human trafficking: refers to criminal activity whereby one (1) or more persons are subjected to engaging in:
  (a) Forced labor or services. See Kentucky Statutes 529.010
• Imminent: means impending danger, and, in the context of domestic violence and abuse as defined by KRS §. See Kentucky Statutes 503.010
• Immovable property: is a ll other property. See Kentucky Statutes 514.010
• Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
• In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
• Incapacity: means inability of an individual to manage property or business affairs because the individual:
  (a) Has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance. See Kentucky Statutes 457.020
• Incomplete written instrument: means a written instrument which contains some matter by way of content or authentication but which requires additional matter in order to render it a complete written instrument. See Kentucky Statutes 516.010
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Individual with an intellectual disability: means an individual with significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period and is a condition which may exist concurrently with mental illness or insanity. See Kentucky Statutes 504.060
• Individual with an intellectual disability: means a person with significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period, as defined in KRS Chapter 202B. See Kentucky Statutes 510.010
• Industrial solid waste: means solid waste generated by manufacturing or industrial processes that is not a hazardous waste or a special waste as designated by KRS §. See Kentucky Statutes 224.1-010
• Information: means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. See Kentucky Statutes 395A.020
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Insanity: means , as a result of mental condition, lack of substantial capacity either to appreciate the criminality of one's conduct or to conform one's conduct to the requirements of law. See Kentucky Statutes 504.060
• Insurance company: means an association, corporation, or fraternal or mutual- benefit organization, whether or not for profit, engaged in the business of providing life endowments, annuities, or insurance, including accident, burial, casualty, credit- life, contract-performance, dental, disability, fidelity, fire, health, hospitalization, illness, life, malpractice, marine, mortgage, surety, wage-protection, and worker- compensation insurance. See Kentucky Statutes 393A.010
• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• Inter vivos: Transfer of property from one living person to another living person.
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
• Intestate: Dying without leaving a will.
• Jail personnel: means deputy jailers, matrons, cooks, and other food service personnel, and other jail employees involved in the supervision, custody, care, or treatment of prisoners in jails but does not include maintenance or clerical personnel. See Kentucky Statutes 441.005
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• Joint resolution: A legislative measure which requires the approval of both chambers.
• Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
• Judge: means , with reference to intimidating a participant in the legal process, any current justice or judge of the Court of Justice, a trial commissioner of the Court of Justice, and any person serving as a judge at a trial or judicial proceeding of or authorized by the Court of Justice. See Kentucky Statutes 524.010
• Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
• judicial officer: means any judge or any commissioner or other officer appointed by the trial court to perform the duties required by this chapter. See Kentucky Statutes 425.006
• Juror: A person who is on the jury.
• Juror: means a person who is or has been a member of any impaneled jury, including a grand jury, and includes any person who has been drawn or summoned to attend as a prospective juror. See Kentucky Statutes 524.010
• juvenile sexual offender: as used in this chapter means an individual who was at the time of the commission of the offense under the age of eighteen (18) years who is not actively psychotic or an individual with an intellectual disability and who has been adjudicated guilty of or has been convicted of or pled guilty to:
  (a) A felony under KRS Chapter 510. See Kentucky Statutes 635.505
• Key personnel: means an officer, partner, director, manager, or shareholder of five percent (5%) or more of stock or financial interest in a corporation, partnership, or association or parent, subsidiary, or affiliate corporation and its officers, directors, or shareholders of five percent (5%) or more of stock or financial interest. See Kentucky Statutes 224.1-010
• Labor: means work of economic or financial value. See Kentucky Statutes 529.010
• Land disposal: includes but is not limited to any placement of hazardous waste in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, or underground mine or cave. See Kentucky Statutes 224.1-010
• last will: means last will and testament. See Kentucky Statutes 446.010
• Law of descent: The State statutes that specify how a deceased person
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Lease or rental agreement: means all agreements, written or oral, embodying the terms and conditions concerning the use and occupancy of a dwelling unit or premises. See Kentucky Statutes 512.010
• Legacy: A gift of property made by will.
• Legal tender: coins, dollar bills, or other currency issued by a government as official money. ^{Source: U.S. Mint}
• Legatee: A beneficiary of a decedent
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Limited contact: means the authority of a nonparent to visit a child for a limited time. See Kentucky Statutes 403A.102
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Litter: means rubbish, refuse, waste material, offal, paper, glass, cans, bottles, trash, debris or any foreign substance of whatever kind or description and whether or not it is of value. See Kentucky Statutes 512.010
• Livestock: means cattle, sheep, swine, goats, horses, alpacas, llamas, buffaloes, or any other animals of the bovine, ovine, porcine, caprine, equine, or camelid species. See Kentucky Statutes 446.010
• Local citizen foster care review board: means a citizen board which provides periodic permanency reviews of children placed in the custody of the cabinet by a court order of temporary custody or commitment under this chapter. See Kentucky Statutes 620.020
• Local government: means any county, urban-county, or charter county government. See Kentucky Statutes 532.350
• Manifest: means the form used for identifying the quantity, composition, and the origin, routing, and destination of waste during its transportation from the point of generation to the point of disposal, treatment, or storage. See Kentucky Statutes 224.1-010
• Material: means all or any part of any archaeological, paleontological, biological, or historical item including, but not limited to, any petroglyph, pictograph, basketry, human remains, tool, beads, pottery, projectile point, remains of historical mining activity or any other occupation, found in any cave. See Kentucky Statutes 433.871
• Material false statement: means any false statement, regardless of its admissibility under the rules of evidence which could have affected the outcome of the proceeding. See Kentucky Statutes 523.010
• Matter: means any book, magazine, newspaper, or other printed or written material
  or any picture, drawing, photograph, motion picture, live image transmitted over the
  Internet or other electronic network, or other pictorial representation or any statue or other figure, or any recording transcription or mechanical, chemical or electrical reproduction or any other articles, equipment, machines, or materials. See Kentucky Statutes 531.010
• Mentally incapacitated: means that a person is rendered temporarily incapable of appraising or controlling his or her conduct as a result of the influence of an intoxicating substance administered to him or her without his or her consent or as a result of any other act committed upon him or her without his or her consent. See Kentucky Statutes 510.010
• Mineral: means gas, oil, coal, oil shale, other gaseous liquid or solid hydrocarbon, cement material, sand and gravel, road material, building stone, chemical raw material, gemstone, fissionable and nonfissionable ores, colloidal and other clay, steam and other geothermal resources, and any other substance defined as a mineral by law of this state other than this chapter. See Kentucky Statutes 393A.010
• Minor: means a person under the age of eighteen (18) years. See Kentucky Statutes 529.010
• Minority leader: See Floor Leaders
• Mislabeled: means :
  (a) Varying from the standard of truth or disclosure in labeling prescribed by statute or lawfully promulgated administrative regulation or, if none, as set by established commercial usage. See Kentucky Statutes 517.010
• Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
• Month: means calendar month. See Kentucky Statutes 446.010
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• Movable property: means property the location of which can be changed, including things growing on, affixed to, or found in land, and documents although the rights represented thereby have no physical location. See Kentucky Statutes 514.010
• Municipal solid waste: means household solid waste and commercial solid waste. See Kentucky Statutes 224.1-010
• Municipal solid waste disposal facility: means any type of waste site or facility where the final deposition of any amount of municipal solid waste occurs, whether or not mixed with or including other waste allowed under Subtitle D of the Federal Resource Conservation and Recovery Act of 1976, as amended, and includes but is not limited to incinerators and waste-to-energy facilities that burn municipal solid waste and contained and residential landfills, but does not include an advanced recycling facility or a waste site or facility which is operated exclusively by a solid waste generator on property owned by the solid waste generator which accepts only industrial solid waste from the solid waste generator or industrial solid waste generated at another facility owned and operated by the generator or wholly-owned subsidiary, or a medical waste incinerator which is owned, operated, and located on the property of a hospital or university which is regulated by the cabinet and used for the purpose of treatment, prior to landfill, of medical waste received from the generator exclusively or in combination with medical waste generated by professionals or facilities licensed or regulated or operated by the Commonwealth. See Kentucky Statutes 224.1-010
• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• Net card value: means the original purchase price or original issued value of a stored-value card, plus amounts added to the original price or value, minus amounts used and any service charge, fee, or dormancy charge permitted by law. See Kentucky Statutes 393A.010
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Nonparent: means an individual other than a deploying parent or other parent. See Kentucky Statutes 403A.102
• Noxious substance: means any substance capable of generating offensive, noxious or suffocating fumes, gases or vapors. See Kentucky Statutes 512.010
• Oath: A promise to tell the truth.
• Oath: means an affirmation or other legally authorized manner of attesting to the truth of a statement. See Kentucky Statutes 523.010
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Obscene: means :
  (a) To the average person, applying contemporary community standards, the predominant appeal of the matter, taken as a whole, is to prurient interest in sexual conduct. See Kentucky Statutes 531.010
• Official proceeding: means a proceeding heard before any legislative, judicial, administrative or other governmental agency or official authorized to hear evidence under oath, including any referee, hearing examiner, commissioner, notary or other person taking testimony or depositions in any such proceedings. See Kentucky Statutes 523.010
• Official proceeding: means a proceeding heard before any legislative, judicial, administrative or other governmental agency or official authorized to hear evidence under oath, including any referee, hearing examiner, commissioner, notary or other person taking testimony or depositions in any such proceedings. See Kentucky Statutes 524.010
• Online tool: means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital
  assets to a third person. See Kentucky Statutes 395A.020
• Open dump: means any facility or site for the disposal of solid waste which does not have a valid permit issued by the cabinet or does not meet the environmental performance standards established under regulations promulgated by the cabinet. See Kentucky Statutes 224.1-010
• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• Order of protection: means any interpersonal protective order, including those issued on a temporary basis, and includes a foreign protective order. See Kentucky Statutes 456.010
• Original bill: A bill which is drafted by a committee. It is introduced by the committee or subcommittee chairman after the committee votes to report it.
• Other parent: means an individual who, in common with a deploying parent, is:
  (a) A parent of a child under law of this state other than this chapter. See Kentucky Statutes 403A.102
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means a person who owns title to land wherein a cave is located, including a person who owns title to a leasehold estate in the land and specifically including the Commonwealth and any of its agencies, departments, boards, bureaus, commissions, or authorities as well as counties, municipalities and other political subdivisions of the Commonwealth. See Kentucky Statutes 433.871
• Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
• Participant in the legal process: means any judge, prosecutor, attorney defending a criminal case, juror, or witness and includes members of the participant's immediate family. See Kentucky Statutes 524.010
• Partnership: includes both general and limited partnerships. See Kentucky Statutes 446.010
• Pattern of criminal gang activity: means acts performed on separate occasions within a five (5) year period by any member or members of a criminal gang for the commission, attempt, or solicitation of, or conspiracy to commit:
  (a) Two (2) or more felony offenses. See Kentucky Statutes 506.135
• Payroll card: means a record that evidences a payroll card account as defined in 12
  C. See Kentucky Statutes 393A.010
• Pecuniary benefit: means benefit in the form of money, property, commercial interests or anything else the primary significance of which is economic gain. See Kentucky Statutes 521.010
• Pecuniary benefit: means benefit in the form of money, property, commercial interests, or anything else the primary significance of which is economic gain. See Kentucky Statutes 524.010
• Pediatric abusive head trauma: means the various injuries or conditions that may result following the vigorous shaking, slamming, or impacting the head of an infant or young child. See Kentucky Statutes 620.020
• Permanence: means a relationship between a child and an adult which is intended to last a lifetime, providing commitment and continuity in the child's relationships and a sense of belonging. See Kentucky Statutes 620.020
• Person: means an individual, estate, business association, public corporation, government or governmental subdivision, agency, or instrumentality or other legal entity. See Kentucky Statutes 393A.010
• Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Kentucky Statutes 457.020
• Personal estate: includes chattels, real and other estate that passes to the personal representative upon the owner dying intestate. See Kentucky Statutes 446.010
• Personal representative: means an executor, administrator, special administrator, or person that performs substantially the same function under law of this state other than this chapter. See Kentucky Statutes 395A.020
• persons: means any individual, partnership, firm, association, trust, or corporation or other legal entity. See Kentucky Statutes 433.871
• Petit jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
• Physical evidence: means any article, object, document, record, or other thing of physical substance. See Kentucky Statutes 524.010
• Physical force: means force used upon or directed toward the body of another person and includes confinement. See Kentucky Statutes 503.010
• Physical force: means force used upon or directed toward the body of another
  person. See Kentucky Statutes 515.010
• Physically helpless: means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act. See Kentucky Statutes 510.010
• Plaintiff: The person who files the complaint in a civil lawsuit.
• 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.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Pollutant: means and includes dredged spoil, solid waste, incinerator residue, sewage, sewage sludge, garbage, chemical, biological or radioactive materials, heat, wrecked or discarded equipment, rock, sand, soil, industrial, municipal or agricultural waste, and any substance resulting from the development, processing, or recovery of any natural resource which may be discharged into water. See Kentucky Statutes 224.1-010
• Post-closure monitoring and maintenance: means the routine care, maintenance, and monitoring of a solid waste or hazardous waste treatment, storage, or disposal facility following closure of the facility. See Kentucky Statutes 224.1-010
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Power of attorney: means a record that grants an agent authority to act in the place of a principal. See Kentucky Statutes 395A.020
• Power of attorney: means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used. See Kentucky Statutes 457.020
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Premises: includes the term "building" as defined herein and any real property. See Kentucky Statutes 511.010
• Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. ^{Source: U.S. Courts}
• President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Pretrial risk assessment: means an objective, research-based, validated assessment tool that measures a defendant's risk of flight and risk of anticipated criminal conduct while on pretrial release pending adjudication. See Kentucky Statutes 446.010
• Preventive services: means those services which are designed to help maintain and strengthen the family unit by preventing or eliminating the need for removal of children from the family. See Kentucky Statutes 620.020
• Principal: means an individual who grants authority to an agent in a power of attorney. See Kentucky Statutes 395A.020
• Principal: means an individual who grants authority to an agent in a power of attorney. See Kentucky Statutes 457.020
• Prisoner: means any person confined in jail pursuant to any code, ordinance, law, or statute of any unit of government and who is:
  (a) Charged with or convicted of an offense. See Kentucky Statutes 441.005
• Private erotic matter: means an obscene visual image, including a photograph, film, video recording, or digital reproduction, of an identifiable person, depicting sexual conduct or the exposure of uncovered human genitals, buttocks, or nipple of the female breast. See Kentucky Statutes 531.010
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
• Propelled vehicle: means any vehicle, including but not limited to motor vehicles, aircraft, boats, or construction machinery, which is propelled otherwise than by muscle power or which is readily capable of being towed otherwise than by muscle power. See Kentucky Statutes 514.010
• Property: means anything that may be the subject of ownership, whether real or personal, or legal or equitable, or any interest or right therein. See Kentucky Statutes 457.020
• Property: includes livestock as defined in KRS §. See Kentucky Statutes 512.010
• Property: means anything of value, including real estate, tangible and intangible personal property, contract rights, documents, choses-in-action and other interests in or claims to wealth, admission or transportation tickets, captured or domestic animals, food and drink. See Kentucky Statutes 514.010
• Property of another: includes property in which any person other than the actor has an interest which the actor is not privileged to infringe, regardless of the fact that the actor also has an interest in the property and regardless of the fact that the other person might be precluded from civil recovery because the property was used in an unlawful transaction or was subject to forfeiture as contraband. See Kentucky Statutes 514.010
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Prosecutor: means , with reference to intimidating a participant in the legal process, a current Commonwealth's attorney, assistant Commonwealth's attorney, county attorney, assistant county attorney, Attorney General, deputy attorney general, assistant attorney general, or special prosecutor appointed pursuant to law. See Kentucky Statutes 524.010
• Protected person: means an individual for whom a conservator has been appointed. See Kentucky Statutes 395A.020
• Psychiatrist: means a physician licensed pursuant to KRS Chapter 311 who is certified or eligible to apply for certification by the American Board of Psychiatry and Neurology, Inc. See Kentucky Statutes 504.060
• Public: means affecting or likely to affect a substantial group of persons. See Kentucky Statutes 525.010
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• public funds: means sums actually received in cash or negotiable instruments from all sources unless otherwise described by any state agency, state- owned corporation, university, department, cabinet, fiduciary for the benefit of any form of state organization, authority, board, bureau, interstate compact, commission, committee, conference, council, office, or any other form of organization whether or not the money has ever been paid into the Treasury and whether or not the money is still in the Treasury if the money is controlled by any form of state organization, except for those funds the management of which is to be reported to the Legislative Research Commission pursuant to KRS §. See Kentucky Statutes 446.010
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public performance: means any form of entertainment other than a sports contest involving machines, persons, animals, or objects that is viewed by the public. See Kentucky Statutes 518.010
• Public place: means a place to which the public or a substantial group of persons has access and includes but is not limited to highways, transportation facilities, schools, places of amusements, parks, places of business, playgrounds, and hallways, lobbies, and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence. See Kentucky Statutes 525.010
• Public record: includes all books, papers, maps, photographs, cards, tapes, discs, diskettes, recordings, magnetic or electronic images, optical images or other documentary materials regardless of physical form or characteristics, which are prepared, owned, used, in the possession of, received or retained by a public agency. See Kentucky Statutes 519.010
• Public servant: means :
  (a) Any public officer or employee of the state or of any political subdivision thereof or of any governmental instrumentality within the state. See Kentucky Statutes 519.010
• Public servant: means :
  (a) Any public officer or employee of the state or of any political subdivision thereof or of any governmental instrumentality within the state. See Kentucky Statutes 521.010
• Public servant: means :
  (a) Any public officer or employee of the state or of any political subdivision thereof or of any governmental instrumentality within the state. See Kentucky Statutes 522.010
• Public servant: means :
  (a) Any public officer or employee of the state or of any political subdivision thereof or of any governmental instrumentality within the state. See Kentucky Statutes 523.010
• Publicly owned treatment works: means any device or system used in the treatment (including recycling and recovery) of municipal sewage or industrial wastes of a liquid nature which is owned by the Commonwealth or a political subdivision of the Commonwealth. See Kentucky Statutes 224.1-010
• Putative holder: means a person believed by the administrator to be a holder, until the person pays or delivers to the administrator property subject to this chapter or the administrator or a court makes a final determination that the person is or is not a holder. See Kentucky Statutes 393A.010
• real estate: includes lands, tenements, and hereditaments and all rights thereto and interest therein, other than a chattel interest. See Kentucky Statutes 446.010
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Reasonable efforts: means the exercise of ordinary diligence and care by the department to utilize all preventive and reunification services available to the community in accordance with the state plan for Public Law 96-272 which are necessary to enable the child to safely live at home. See Kentucky Statutes 620.020
• Receiving: means acquiring possession, control or title or lending on the security of the property. See Kentucky Statutes 514.010
• Recess: A temporary interruption of the legislative business.
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Kentucky Statutes 393A.010
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Kentucky Statutes 395A.020
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Kentucky Statutes 403A.102
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Kentucky Statutes 457.020
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Recycling: means any process by which materials which would otherwise become solid waste are collected, separated, or processed and reused or returned to use in the form of raw materials or products, including refuse-derived fuel when processed in accordance with administrative regulations established by the cabinet, but does not include the incineration or combustion of materials for the recovery of energy. See Kentucky Statutes 224.1-010
• Reentry center: means a supervised community residential facility operated by a local correctional facility, county jail, or regional jail as detailed in KRS §. See Kentucky Statutes 441.005
• Regional jail: means a jail which is:
  (a) Owned and operated by one (1) county and, on a regular basis, holds prisoners for another county or for the state. See Kentucky Statutes 441.005
• Registered mail: means any governmental, commercial, or electronic method of delivery that allows a document or package to have:
  (a) Its chain of custody recorded in a register to enable its location to be tracked. See Kentucky Statutes 446.010
• Regular election: means the election in even-numbered years at which members of Congress are elected and the election in odd-numbered years at which state officers are elected. See Kentucky Statutes 446.010
• Reimbursement: means payment of expenses associated with incarceration, including but not limited to medical expenses, food, and lodging. See Kentucky Statutes 532.350
• Relative: means a parent, ancestor, brother, sister, uncle or aunt. See Kentucky Statutes 509.010
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Remote computing service: means a custodian that provides to a user computer- processing services or the storage of digital assets by means of an electronic communications system, as defined in 18 U. See Kentucky Statutes 395A.020
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Residential rental property: means any residential premises or property contained therein leased or otherwise rented to a tenant solely for residential purposes under a lease or rental agreement to which the tenant is a party. See Kentucky Statutes 512.010
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Restitution: means any form of compensation paid by a convicted person to a victim for counseling, medical expenses, lost wages due to injury, or property damage and other expenses suffered by a victim because of a criminal act. See Kentucky Statutes 532.350
• Return from deployment: means the conclusion of a service member's deployment as specified in uniformed service orders. See Kentucky Statutes 403A.102
• Reunification services: means remedial and preventive services which are designed to strengthen the family unit, to secure reunification of the family and child where appropriate, as quickly as practicable, and to prevent the future removal of the child from the family. See Kentucky Statutes 620.020
• Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
• Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
• Riot: means a public disturbance involving an assemblage of five (5) or more persons which by tumultuous and violent conduct creates grave danger of damage or injury to property or persons or substantially obstructs law enforcement or other government function. See Kentucky Statutes 525.010
• Secretary: means the secretary of the Energy and Environment Cabinet. See Kentucky Statutes 224.1-010
• Security: means :
  (a) A security as defined in KRS §. See Kentucky Statutes 393A.010
• Serious harm: means any harm, whether physical or nonphysical, including psychological, financial, or reputational harm, that is sufficiently serious to compel a reasonable person to perform or to continue performing commercial sexual activity in order to avoid incurring that harm. See Kentucky Statutes 529.010
• Service animal: includes a:
  (a) "Bomb detection dog" which means a dog that is trained to locate bombs or explosives by scent. See Kentucky Statutes 525.010
• Service member: means a member of a uniformed service. See Kentucky Statutes 403A.102
• Service of process: The service of writs or summonses to the appropriate party.
• Services: includes labor, professional service, transportation, telephone, electricity, gas, water or other public service, accommodation in hotels, restaurants or elsewhere, admission to exhibitions, use of vehicles or other movable property. See Kentucky Statutes 514.010
• Services: means an ongoing relationship between a person and the actor in which the person performs activities under the supervision of or for the benefit of the actor. See Kentucky Statutes 529.010
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sexual assault: refers to conduct prohibited as any degree of rape, sodomy, or sexual abuse under KRS Chapter 510 or a criminal attempt, conspiracy, facilitation, or solicitation to commit any degree of rape, sodomy, or sexual abuse, or incest
  under KRS §. See Kentucky Statutes 456.010
• Sexual conduct: means acts of masturbation, homosexuality, lesbianism, bestiality, sexual intercourse, or deviant sexual intercourse. See Kentucky Statutes 531.010
• Sexual contact: means the touching of a person's intimate parts or the touching of the clothing or other material intended to cover the immediate area of a person's intimate parts, if that touching can be construed by a reasonable person as being done:
  (a) For the purpose of sexual arousal or gratification of either party. See Kentucky Statutes 510.010
• Sexual intercourse: means sexual intercourse in its ordinary sense and includes
  penetration of the sex organs of one person by any body part or a foreign object manipulated by another person. See Kentucky Statutes 510.010
• Sexually explicit performance: means a performance of sexual conduct involving: (a) Acts of masturbation, homosexuality, lesbianism, bestiality, sexual
  intercourse, or deviant sexual intercourse, actual or simulated. See Kentucky Statutes 529.010
• Sham or front company: means any business established or in existence which falsely represents that business to be a minority business enterprise, or disadvantaged business enterprise, as defined in 79 C. See Kentucky Statutes 517.010
• Sign: means , with present intent to authenticate or adopt a record: (a) To execute or adopt a tangible symbol. See Kentucky Statutes 457.020
• Simulated gambling program: means any method intended to be used by a person playing, participating, or interacting with an electronic device that may, through the application of any element of chance, either deliver money or property or an entitlement to receive money or property. See Kentucky Statutes 528.010
• Sinking fund: means the fund created and used by local governments to provide maintenance of jail facilities and capital construction. See Kentucky Statutes 532.350
• Skill: means the knowledge, dexterity, or any other ability or expertise of a natural person. See Kentucky Statutes 528.010
• Slug: means an object or article which by virtue of its size, shape, or any other quality is capable of being inserted, deposited, or otherwise used in a coin machine as an improper substitute for a genuine coin, bill, or token. See Kentucky Statutes 516.010
• Solid waste management: means the administration of solid waste activities: collection, storage, transportation, transfer, processing, treatment, and disposal, which shall be in accordance with a cabinet-approved county or multicounty solid waste management plan. See Kentucky Statutes 224.1-010
• Solid waste management facility: means any facility for collection, storage, transportation, transfer, processing, treatment, or disposal of solid waste, whether such facility is associated with facilities generating such wastes or otherwise, but does not include a container located on property where solid waste is generated and which is used solely for the purpose of collection and temporary storage of that solid waste prior to off-site disposal, or a recovered material processing facility or advanced recycling facility, both of which are otherwise subject to regulation pursuant to this chapter for control of environmental impacts and to prevent any public nuisance. See Kentucky Statutes 224.1-010
• Something of value: means any money or property, any token, object, or article exchangeable for money or property, or any form of credit or promise directly or indirectly contemplating transfer of money or property or of any interest therein, or involving extension of a service, entertainment, or a privilege of playing at a game or scheme without charge. See Kentucky Statutes 528.010
• Sports contest: means any professional or amateur sport, athletic game or contest, or race or contest involving machines, persons, animals, or objects that is viewed by the public. See Kentucky Statutes 518.010
• Sports official: means any person who acts or expects to act in a sports contest as an umpire, referee, or judge, or otherwise to officiate at a sports contest. See Kentucky Statutes 518.010
• Sports participant: means any person who participates or expects to participate in a sports contest as a player, contestant, or member of a team, or as a coach, manager, trainer or other person directly associated with a player, contestant, or team. See Kentucky Statutes 518.010
• Stalking: refers to conduct prohibited as stalking under KRS §. See Kentucky Statutes 456.010
• State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Kentucky Statutes 393A.010
• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Kentucky Statutes 403A.102
• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Kentucky Statutes 457.020
• State citizen foster care review board: means a board created by KRS
  620. See Kentucky Statutes 620.020
• Statement: means any representation, but includes a representation of opinion, belief or other state of mind only if the representation clearly relates to state of mind apart from or in addition to any facts which are the subject of the representation. See Kentucky Statutes 523.010
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Stocks and bonds: means stocks, bonds, mutual funds, and all other types of securities and financial instruments, whether held directly, indirectly, or in any other
  manner. See Kentucky Statutes 457.020
• Storage: means the containment of wastes, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such wastes. See Kentucky Statutes 224.1-010
• Strangulation: refers to conduct prohibited by KRS §. See Kentucky Statutes 456.010
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• Substantial violation: means criminal conduct which involves actual or threatened harm to the person, family, or property, including a domestic animal, of an individual protected by an order of protection. See Kentucky Statutes 456.010
• Summons: Another word for subpoena used by the criminal justice system.
• Supervised individual: means an individual placed on probation by a court or serving a period of parole or post-release supervision from prison or jail. See Kentucky Statutes 446.010
• Sworn: includes "affirmed" in all cases in which an affirmation may be substituted for an oath. See Kentucky Statutes 446.010
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.
• Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
• Tenant: means a person entitled under a lease or rental agreement to occupy a residential rental property to the exclusion of others. See Kentucky Statutes 512.010
• Termination: means the final actions taken by the cabinet as to a solid waste or hazardous waste treatment, storage, or disposal facility when formal responsibilities for post-closure monitoring and maintenance cease. See Kentucky Statutes 224.1-010
• Testate: To die leaving a will.
• Testator: A male person who leaves a will at death.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Threat: means any direct threat to kill or injure a person protected by this chapter or an immediate family member of such a person. See Kentucky Statutes 524.010
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Transfer facility: means any transportation related facility including loading docks, parking areas, and other similar areas where shipments of solid waste are held or transferred during the normal course of transportation. See Kentucky Statutes 224.1-010
• Transportation: means any off-site movement of waste by any mode, and any loading, unloading, or storage incidental thereto. See Kentucky Statutes 224.1-010
• Transportation facility: means any conveyance, premises, or place used for or in connection with public passenger transportation by air, railroad, motor vehicle, or any other method. See Kentucky Statutes 525.010
• Treatment: means medication or counseling, therapy, psychotherapy, and other professional services provided by or at the direction of psychologists or psychiatrists. See Kentucky Statutes 504.060
• Treatment: means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any waste so as to neutralize such waste or so as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable for storage, or reduced in volume. See Kentucky Statutes 224.1-010
• 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
• treatment program: means a continuum of services provided in community and institutional settings designed to provide early intervention and treatment services for juvenile sexual offenders. See Kentucky Statutes 635.505
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Troglobitic: means or refers to any form of cave life specifically adapted to the cave environment and which carries out its entire life cycle in the cave. See Kentucky Statutes 433.871
• Troglophilic: means or refers to any form of cave life which, although lacking specific biological adaptations necessary for permanent residence in any cave, carries out at least a portion of its life cycle in the cave. See Kentucky Statutes 433.871
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. See Kentucky Statutes 395A.020
• Unborn child: means a member of the species homo sapiens in utero from conception onward, without regard to age, health, or condition of dependency. See Kentucky Statutes 507A.010
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• Uniformed service: means :
  (a) Active and reserve components of the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States. See Kentucky Statutes 403A.102
• Unit of government: means that unit of government including the United States government whose law, statute, ordinance, or code a prisoner is charged with violating. See Kentucky Statutes 441.005
• Universal collection: means a municipal solid waste collection system which is established by ordinance and approved by the cabinet and requires access for each household or solid waste generator in a county. See Kentucky Statutes 224.1-010
• User: means a person that has an account with a custodian. See Kentucky Statutes 395A.020
• Usury: Charging an illegally high interest rate on a loan. ^{Source: OCC}
• Utility: means a person that owns or operates for public use a plant, equipment, real property, franchise, or license for the following public services:
  (a) Transmission of communications or information. See Kentucky Statutes 393A.010
• Vacancy in office: or any equivalent phrase, means such as exists when there is an unexpired part of a term of office without a lawful incumbent therein, or when the person elected or appointed to an office fails to qualify according to law, or when there has been no election to fill the office at the time appointed by law. See Kentucky Statutes 446.010
• validated risk and needs assessment: means an actuarial tool scientifically proven to determine a person's risk to reoffend and criminal risk factors, that when properly addressed, can reduce that person's likelihood of committing future criminal behavior. See Kentucky Statutes 446.010
• Vehicle: means a conveyance of any kind, whether or not motorized, which is designed to transport people or property. See Kentucky Statutes 503.010
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
• Victim advocate: work with prosecutors and assist the victims of a crime.
• Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
• Victim of human trafficking: is a person who has been subjected to human trafficking. See Kentucky Statutes 529.010
• Violate: includes failure to comply with. See Kentucky Statutes 446.010
• Waste: means :
  (a) "Solid waste" means any garbage, refuse, sludge, and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining (excluding coal mining wastes, coal mining by-products, refuse, and overburden), agricultural operations, and from community activities, but does not include those materials including, but not limited to, sand, soil, rock, gravel, or bridge debris extracted as part of a public road construction project funded wholly or in part with state funds, recovered material, post-use polymers or recovered feedstocks, tire-derived fuel, special wastes as designated by KRS §. See Kentucky Statutes 224.1-010
• Waste site or facility: means any place where waste is managed, processed, or disposed of by incineration, landfilling, or any other method, but does not include a container located on property where solid waste is generated and which is used solely for the purpose of collection and temporary storage of that solid waste prior to off-site disposal, or a recovered material processing facility, or an advanced recycling facility, or the combustion of processed waste in a utility boiler. See Kentucky Statutes 224.1-010
• waters of the Commonwealth: means and includes any and all rivers, streams, creeks, lakes, ponds, impounding reservoirs, springs, wells, marshes, and all other bodies of surface or underground water, natural or artificial, situated wholly or partly within or bordering upon the Commonwealth or within its jurisdiction. See Kentucky Statutes 224.1-010
• Whips: Assistants to the floor leaders who are also elected by their party conferences. The Majority and Minority Whips (and their assistants) are responsible for mobilizing votes within their parties on major issues. In the absence of a party floor leader, the whip often serves as acting floor leader.
• Witness: means any person who may be called to testify in an official proceeding, has been called to testify in an official proceeding, is testifying in an official proceeding, or who has testified in an official proceeding. See Kentucky Statutes 524.010
• Worthless security: means a security whose cost of liquidation and delivery to the administrator would exceed the value of the security on the date a report is due under this chapter. See Kentucky Statutes 393A.010
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Written instrument: means any instrument or article containing written or printed matter or its equivalent used for the purpose of reciting, embodying, conveying, or recording information, or constituting a symbol or evidence of value, right, privilege, or identification, which is capable of being used to the advantage or disadvantage of some person. See Kentucky Statutes 516.010