Kentucky Statutes 500.060 – Territorial applicability
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(1) Except as otherwise provided in this section, a person may be convicted under the law of this state of an offense committed by his own conduct or the conduct of another for which he is legally accountable when:
(a) Either the conduct or the result which is an element of the offense occurs within this state; or
(b) Conduct occurring outside the state is sufficient to constitute an attempt to commit an offense within the state; or
(c) Conduct occurring outside the state is sufficient to constitute a conspiracy to commit an offense within the state and an overt act in furtherance of the conspiracy occurs within the state; or
(d) Conduct occurring within this state establishes complicity in the commission of, or an attempt, solicitation or conspiracy to commit, an offense in another jurisdiction which is also an offense under the law of this state; or
(e) The offense consists of the omission to perform a legal duty imposed by the law of this state regardless of where that person is when the omission occurs; or
(f) The offense is a violation of a statute of this state that expressly prohibits conduct outside the state.
(2) Subsection (1)(a) does not apply if causing a particular result is an element of an offense and the result is caused by conduct occurring outside the state that would not constitute an offense if the result had occurred there, unless the actor intentionally or knowingly caused the result within the state.
(3) When the offense is homicide, either the death of the victim or the bodily impact causing death constitutes a “result” within the meaning of subsection (1)(a). If the body of a homicide victim is found within this state, it shall be prima facie evidence that the result occurred within the state.
Effective: January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 6, effective January 1, 1975.
(a) Either the conduct or the result which is an element of the offense occurs within this state; or
Terms Used In Kentucky Statutes 500.060
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
(b) Conduct occurring outside the state is sufficient to constitute an attempt to commit an offense within the state; or
(c) Conduct occurring outside the state is sufficient to constitute a conspiracy to commit an offense within the state and an overt act in furtherance of the conspiracy occurs within the state; or
(d) Conduct occurring within this state establishes complicity in the commission of, or an attempt, solicitation or conspiracy to commit, an offense in another jurisdiction which is also an offense under the law of this state; or
(e) The offense consists of the omission to perform a legal duty imposed by the law of this state regardless of where that person is when the omission occurs; or
(f) The offense is a violation of a statute of this state that expressly prohibits conduct outside the state.
(2) Subsection (1)(a) does not apply if causing a particular result is an element of an offense and the result is caused by conduct occurring outside the state that would not constitute an offense if the result had occurred there, unless the actor intentionally or knowingly caused the result within the state.
(3) When the offense is homicide, either the death of the victim or the bodily impact causing death constitutes a “result” within the meaning of subsection (1)(a). If the body of a homicide victim is found within this state, it shall be prima facie evidence that the result occurred within the state.
Effective: January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 6, effective January 1, 1975.