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Legal Information: Kentucky

Kentucky Crimes

Laws current as of
August 6, 2024

Crimes

Even if you do not qualify for a protective order/domestic violence order, the abuser may have committed a crime. If you call the police, they may arrest him/her for a crime and you may get a restraining order through the criminal court. Remember that even if you do have a protective order/domestic violence order or a criminal complaint, you can still report the abuser to the police if you believe s/he committed a crime against you.

In our Abuse Using Technology section, you can learn about the types of behaviors that are considered a misuse of technology. Depending on the specific laws of your state, some of these behaviors might be recognized as crimes.

What are some crimes that the abuser may have committed in Kentucky?
How do I file a criminal complaint?
If I am the victim of a crime, where can I get additional help in Kentucky?

What are some crimes that the abuser may have committed in Kentucky?

Here is a list of some possible crimes in Kentucky that the abuser may have committed. You can click on the links to read the legal definition of each crime on our State Statutes page:

Statute Crime (click here to sort the list alphabetically by crime names)
508.010 Assault in the first degree
508.020 Assault in the second degree
508.025 Assault in the third degree
508.030 Assault in the fourth degree
508.032 Assault of a family member or member of an unmarried couple
508.040 Assault under extreme emotional disturbance
508.050 Menacing
508.060 Wanton endangerment in the first degree
508.070 Wanton endangerment in the second degree
508.100 Criminal abuse in the first degree
508.110 Criminal abuse in the second degree
508.120 Criminal abuse in the third degree
508.140 Stalking in the first degree
508.150 Stalking in the second degree
508.170 Strangulation in the first degree
508.175 Strangulation in the second degree
509.020 Unlawful imprisonment in the first degree
509.030 Unlawful imprisonment in the second degree
509.040 Kidnapping
509.070 Custodial interference
510.040 Rape in the first degree
510.050 Rape in the second degree
510.060 Rape in the third degree
510.110 Sexual abuse in the first degree
510.120 Sexual abuse in the second degree
510.130 Sexual abuse in the third degree
510.140 Sexual misconduct
511.060 Criminal trespass in the first degree
511.070 Criminal trespass in the second degree
511.080 Criminal trespass in the third degree
511.085 Domestic violence shelter trespass
512.020 Criminal mischief in the first degree
512.030 Criminal mischief in the second degree
514.160 Identity theft
525.070 Harassment
525.080 Harassing communications
525.085 Dissemination of personally identifying information
525.125 Cruelty to animals in the first degree
525.130 Cruelty to animals in the second degree
525.135 Torture of dog or cat
525.137 Sexual crimes against an animal
526.020 Eavesdropping
527.040 Possession of firearm by convicted felon
530.020 Incest
530.060 Endangering welfare of minor
531.120 Distribution of sexually explicit images without consent (“revenge porn”)

How do I file a criminal complaint?

If you believe that a crime has been committed against you, one option you have is to file a criminal complaint at the district court clerk’s office. If you are filing against a minor, you may need to file in a different place. This will vary by county. There is no fee to file, and you do not need a lawyer.

You will need to bring:

  • a valid photo I.D.;
  • the full name and complete address of the person you wish to file against (the defendant);
  • the defendant’s date of birth and Social Security number, if you know them; and
  • the names of any witnesses, and, if possible, their phone numbers and addresses.1

Note: In some counties, you might also need to file a police report first. If so, you will likely need to bring that report with you too. Before you go to the courthouse, you might want to call ahead to ask the clerk whether a police report is necessary in your county.

You will fill out a sworn statement (affidavit) to describe what happened to you. Your affidavit will be reviewed by the county attorney’s office. Their office will decide what charges, if any, will be brought against the defendant. If the prosecutor thinks there is enough evidence to prosecute, your complaint will then be sent to the district court judge’s office for review. If the judge decides to move forward with criminal charges, s/he can issue one of the following documents:

  1. Criminal summons, which is an order that advises the defendant to appear in district court for the arraignment. This is a notice and not an arrest.
  2. Arrest warrant, which authorizes law enforcement to arrest the defendant and escort him/her to the arraignment in district court.2

Note: Filing a complaint is just the beginning of the criminal process. There is no guarantee that the defendant will be arrested or that s/he will stay in jail until the trial. There is also a chance that the defendant will be found not guilty at the trial. Please plan for your safety by going to our Safety Planning pages or reaching out to a local domestic violence advocate for help.

1 See, for example, Fayette County Survivor’s Handbook (Note: The procedure and information may be different in other counties.)
2 See, for example, the website for the Office of the Fayette County Attorney (Note: The procedure and information may be different in other counties.)

If I am the victim of a crime, where can I get additional help in Kentucky?

The Kentucky Department of Corrections has a Victim Services Branch, which provides information on victims’ rights and services.

For information on victims’ compensation in Kentucky, visit the State of Kentucky’s Crime Victims’ Compensation Fund.