Kentucky Statutes 194A.380 – Definitions for KRS 194A.380 to 194A.383
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As used in KRS § 194A.380 to KRS § 194A.383:
(1) “Criminal offense against a minor” means a conviction or a plea of guilty to any of the following offenses if the victim is under the age of eighteen (18) at the time of the commission of the offense:
For details, see § 532.060
(a) Kidnapping, as in KRS § 509.040, except by a parent;
(b) Unlawful imprisonment, as in KRS § 509.020, except by a parent; (c) Sexual misconduct as in KRS § 510.140;
(d) Use of a minor in a sexual performance, as in KRS § 531.310;
(e) Promoting a sexual performance of a minor, as in KRS § 531.320;
(f) Possession or viewing matter portraying a sexual performance by a minor, as in KRS § 531.335;
(g) Distribution of matter portraying a sexual performance by a minor, as in KRS
531.340;
(h) Promoting the sale of material portraying a sexual performance by a minor, as in KRS § 531.350;
(i) Advertising material portraying a sexual performance by a minor, as in KRS
531.360;
(j) Using minors to distribute material portraying a sexual performance by a minor, as in KRS § 531.370;
(k) Human trafficking involving commercial sexual activity, as in KRS § 529.100; (l) Promoting prostitution, as in KRS § 529.040, when the defendant advances or
profits from the prostitution of a person under the age of eighteen (18);
(m) Unlawful transaction with a minor in the first degree, as in KRS
530.064(1)(a);
(n) Any attempt to commit any of the offenses described in paragraphs (a) to (m)
of this subsection; or
(o) Solicitation to commit any of the offenses described in paragraphs (a) to (m)
of this subsection;
(2) “Local government” means a city, county, consolidated local government, urban- county government, unified local government, or charter county government;
(3) “Local government youth day camp” means a camp operated by a local government for all or part of a day, whether free or for a fee, for five (5) or more children under eighteen (18) years of age outside the presence of their parent or guardian for recreational or educational purposes for four (4) or more consecutive hours per day during school vacation periods, school breaks, or school cancellations;
(4) “Sex crime” means a conviction or a plea of guilty to any of the following offenses: (a) Rape in the first degree as in KRS § 510.040;
(b) Rape in the second degree as in KRS § 510.050; (c) Rape in the third degree as in KRS § 510.060;
(d) Sodomy in the first degree as in KRS § 510.070;
(e) Sodomy in the second degree as in KRS § 510.080; (f) Sodomy in the third degree as in KRS § 510.090; (g) Sodomy in the fourth degree as in KRS § 510.100;
(h) Sexual abuse in the first degree as in KRS § 510.110;
(i) Sexual abuse in the second degree as in KRS § 510.120; (j) Sexual abuse in the third degree as in KRS § 510.130;
(k) Indecent exposure in the first degree as in KRS § 510.148;
(l) Indecent exposure in the second degree as in KRS § 510.150;
(m) Unlawful use of electronic means originating or received within the Commonwealth to induce a minor to engage in sexual or other prohibited activities as in KRS § 510.155; or
(n) Incest as in KRS § 530.020; (5) “Staff member” means:
(a) An individual who is employed by a youth camp or camp or a local government youth day camp for compensation;
(b) A contract employee or a self-employed individual whose employment directly involves the care or supervision of children or unsupervised access to children placed with a youth camp or camp or a local government youth day camp; or
(c) A volunteer or intern whose activities on behalf of a youth camp or camp or a local government youth day camp directly involves the care or supervision of children or unsupervised access to children placed with a youth camp or camp or a local government youth day camp;
(6) “Violent offender” means any person who has been convicted of or who has entered a plea of guilty to the commission of a capital offense, Class A felony, Class B felony involving the death of the victim or serious physical injury to the victim, or rape in the first degree, or sodomy in the first degree; and
(7) “Youth camp” or “camp” means:
(a) Any camp required pursuant to KRS § 211.180 to obtain a permit to operate;
and
(b) Any program offered, whether free or for a fee, for recreational, educational, sports training, or vacation purposes to children under eighteen (18) years of age that a child attends outside the presence of his or her parent or legal guardian.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 90, sec. 1, effective June 29, 2021. — Created
2017 Ky. Acts ch. 115, sec. 4, effective July 1, 2018.
(1) “Criminal offense against a minor” means a conviction or a plea of guilty to any of the following offenses if the victim is under the age of eighteen (18) at the time of the commission of the offense:
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A felony | between 20 years and life | between $1,000 and $10,000 |
| Class B felony | between 10 and 20 years | between $1,000 and $10,000 |
Terms Used In Kentucky Statutes 194A.380
- Capital offense: A crime punishable by death.
- City: includes town. See Kentucky Statutes 446.010
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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.
- 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.
(a) Kidnapping, as in KRS § 509.040, except by a parent;
(b) Unlawful imprisonment, as in KRS § 509.020, except by a parent; (c) Sexual misconduct as in KRS § 510.140;
(d) Use of a minor in a sexual performance, as in KRS § 531.310;
(e) Promoting a sexual performance of a minor, as in KRS § 531.320;
(f) Possession or viewing matter portraying a sexual performance by a minor, as in KRS § 531.335;
(g) Distribution of matter portraying a sexual performance by a minor, as in KRS
531.340;
(h) Promoting the sale of material portraying a sexual performance by a minor, as in KRS § 531.350;
(i) Advertising material portraying a sexual performance by a minor, as in KRS
531.360;
(j) Using minors to distribute material portraying a sexual performance by a minor, as in KRS § 531.370;
(k) Human trafficking involving commercial sexual activity, as in KRS § 529.100; (l) Promoting prostitution, as in KRS § 529.040, when the defendant advances or
profits from the prostitution of a person under the age of eighteen (18);
(m) Unlawful transaction with a minor in the first degree, as in KRS
530.064(1)(a);
(n) Any attempt to commit any of the offenses described in paragraphs (a) to (m)
of this subsection; or
(o) Solicitation to commit any of the offenses described in paragraphs (a) to (m)
of this subsection;
(2) “Local government” means a city, county, consolidated local government, urban- county government, unified local government, or charter county government;
(3) “Local government youth day camp” means a camp operated by a local government for all or part of a day, whether free or for a fee, for five (5) or more children under eighteen (18) years of age outside the presence of their parent or guardian for recreational or educational purposes for four (4) or more consecutive hours per day during school vacation periods, school breaks, or school cancellations;
(4) “Sex crime” means a conviction or a plea of guilty to any of the following offenses: (a) Rape in the first degree as in KRS § 510.040;
(b) Rape in the second degree as in KRS § 510.050; (c) Rape in the third degree as in KRS § 510.060;
(d) Sodomy in the first degree as in KRS § 510.070;
(e) Sodomy in the second degree as in KRS § 510.080; (f) Sodomy in the third degree as in KRS § 510.090; (g) Sodomy in the fourth degree as in KRS § 510.100;
(h) Sexual abuse in the first degree as in KRS § 510.110;
(i) Sexual abuse in the second degree as in KRS § 510.120; (j) Sexual abuse in the third degree as in KRS § 510.130;
(k) Indecent exposure in the first degree as in KRS § 510.148;
(l) Indecent exposure in the second degree as in KRS § 510.150;
(m) Unlawful use of electronic means originating or received within the Commonwealth to induce a minor to engage in sexual or other prohibited activities as in KRS § 510.155; or
(n) Incest as in KRS § 530.020; (5) “Staff member” means:
(a) An individual who is employed by a youth camp or camp or a local government youth day camp for compensation;
(b) A contract employee or a self-employed individual whose employment directly involves the care or supervision of children or unsupervised access to children placed with a youth camp or camp or a local government youth day camp; or
(c) A volunteer or intern whose activities on behalf of a youth camp or camp or a local government youth day camp directly involves the care or supervision of children or unsupervised access to children placed with a youth camp or camp or a local government youth day camp;
(6) “Violent offender” means any person who has been convicted of or who has entered a plea of guilty to the commission of a capital offense, Class A felony, Class B felony involving the death of the victim or serious physical injury to the victim, or rape in the first degree, or sodomy in the first degree; and
(7) “Youth camp” or “camp” means:
(a) Any camp required pursuant to KRS § 211.180 to obtain a permit to operate;
and
(b) Any program offered, whether free or for a fee, for recreational, educational, sports training, or vacation purposes to children under eighteen (18) years of age that a child attends outside the presence of his or her parent or legal guardian.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 90, sec. 1, effective June 29, 2021. — Created
2017 Ky. Acts ch. 115, sec. 4, effective July 1, 2018.