Kentucky Statutes 532.030 – Authorized dispositions — Generally — Instructions by judge
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(1) When a person is convicted of a capital offense, he shall have his punishment fixed at death, or at a term of imprisonment for life without benefit of probation or parole, or at a term of imprisonment for life without benefit of probation or parole until he has served a minimum of twenty-five (25) years of his sentence, or to a sentence of life, or to a term of not less than twenty (20) years nor more than fifty (50) years.
(2) When a person is convicted of a Class A felony, he shall have his punishment fixed at imprisonment in accordance with KRS § 532.060.
For details, see § 532.060
(3) When a person is convicted of an offense other than a capital offense or Class A
felony, he shall have his punishment fixed at:
(a) A term of imprisonment authorized by this chapter; or
(b) A fine authorized by KRS Chapter 534; or
(c) Both imprisonment and a fine unless precluded by the provisions of KRS Chapter 534.
(4) In all cases in which the death penalty may be authorized the judge shall instruct the jury in accordance with subsection (1) of this section. The instructions shall state, subject to the aggravating and mitigating limitations and requirements of KRS
532.025, that the jury may recommend upon a conviction for a capital offense a sentence of death, or at a term of imprisonment for life without benefit of probation or parole, or a term of imprisonment for life without benefit of probation or parole until the defendant has served a minimum of twenty-five (25) years of his sentence, or a sentence of life, or to a term of not less than twenty (20) years nor more than fifty (50) years.
Effective: July 15, 1998
History: Amended 1998 Ky. Acts ch. 606, sec. 71, effective July 15, 1998. — Amended
1984 Ky. Acts ch. 110, sec. 2, effective July 13, 1984. –Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 3, effective December 22, 1976. — Created 1974 Ky. Acts ch. 406, sec. 275, effective January 1, 1975.
(2) When a person is convicted of a Class A felony, he shall have his punishment fixed at imprisonment in accordance with KRS § 532.060.
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 |
Terms Used In Kentucky Statutes 532.030
- Capital offense: A crime punishable by death.
- 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.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(3) When a person is convicted of an offense other than a capital offense or Class A
felony, he shall have his punishment fixed at:
(a) A term of imprisonment authorized by this chapter; or
(b) A fine authorized by KRS Chapter 534; or
(c) Both imprisonment and a fine unless precluded by the provisions of KRS Chapter 534.
(4) In all cases in which the death penalty may be authorized the judge shall instruct the jury in accordance with subsection (1) of this section. The instructions shall state, subject to the aggravating and mitigating limitations and requirements of KRS
532.025, that the jury may recommend upon a conviction for a capital offense a sentence of death, or at a term of imprisonment for life without benefit of probation or parole, or a term of imprisonment for life without benefit of probation or parole until the defendant has served a minimum of twenty-five (25) years of his sentence, or a sentence of life, or to a term of not less than twenty (20) years nor more than fifty (50) years.
Effective: July 15, 1998
History: Amended 1998 Ky. Acts ch. 606, sec. 71, effective July 15, 1998. — Amended
1984 Ky. Acts ch. 110, sec. 2, effective July 13, 1984. –Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 3, effective December 22, 1976. — Created 1974 Ky. Acts ch. 406, sec. 275, effective January 1, 1975.