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500.080 Definitions for Kentucky Penal Code.
As used in the Kentucky Penal Code, unless the context otherwise requires:
(1) "Actor" means any natural person and, where relevant, a corporation or an
unincorporated association;
(2) "Crime" means a misdemeanor or a felony;
(3) "Dangerous instrument" means any instrument, including parts of the human
body when a serious physical injury is a direct result of the use of that part of
the human body, article, or substance which, under the circumstances in which
it is used, attempted to be used, or threatened to be used, is readily capable of
causing death or serious physical injury;
(4) "Deadly weapon" means any of the following:
(a) A weapon of mass destruction;
(b) Any weapon from which a shot, readily capable of producing death or
other serious physical injury, may be discharged;
(c) Any knife other than an ordinary pocket knife or hunting knife;
(d) Billy, nightstick, or club;
(e) Blackjack or slapjack;
(f) Nunchaku karate sticks;
(g) Shuriken or death star; or
(h) Artificial knuckles made from metal, plastic, or other similar hard material;
(5) "Felony" means an offense for which a sentence to a term of imprisonment of
at least one (1) year in the custody of the Department of Corrections may be
imposed;
(6) "Government" means the United States, any state, county, municipality, or
other political unit, or any department, agency, or subdivision of any of the
foregoing, or any corporation or other association carrying out the functions of
government;
(7) "He" means any natural person and, where relevant, a corporation or an
unincorporated association;
(8) "Law" includes statutes, ordinances, and properly adopted regulatory
provisions. Unless the context otherwise clearly requires, "law" also includes
the common law;
(9) "Minor" means any person who has not reached the age of majority as defined
in KRS 2.015;
(10) "Misdemeanor" means an offense, other than a traffic infraction, for which a
sentence to a term of imprisonment of not more than twelve (12) months can
be imposed;
(11) "Offense" means conduct for which a sentence to a term of imprisonment or to
a fine is provided by any law of this state or by any law, local law, or ordinance
of a political subdivision of this state or by any law, order, rule, or regulation of
any governmental instrumentality authorized by law to adopt the same;
(12) "Person" means a human being, and where appropriate, a public or private
corporation, an unincorporated association, a partnership, a government, or a
governmental authority;
(13) "Physical injury" means substantial physical pain or any impairment of physical
condition;
(14) "Possession" means to have actual physical possession or otherwise to
exercise actual dominion or control over a tangible object;
(15) "Serious physical injury" means physical injury which creates a substantial risk
of death, or which causes serious and prolonged disfigurement, prolonged
impairment of health, or prolonged loss or impairment of the function of any
bodily organ;
(16) "Unlawful" means contrary to law or, where the context so requires, not
permitted by law. It does not mean wrongful or immoral;
(17) "Violation" means an offense, other than a traffic infraction, for which a
sentence to a fine only can be imposed; and
(18) "Weapon of mass destruction" means:
(a) Any destructive device as defined in KRS 237.030, but not fireworks as
defined in KRS 227.700;
(b) Any weapon that is designed or intended to cause death or serious
physical injury through the release, dissemination, or impact of toxic or
poisonous chemicals or their precursors;
(c) Any weapon involving a disease organism; or
(d) Any weapon that is designed to release radiation or radioactivity at a level
dangerous to human life.
Effective:June 21, 2001
History: Amended 2001 Ky. Acts ch. 113, sec. 7, effective June 21, 2001. -Amended 1992 Ky. Acts ch. 211, sec. 130, effective July 14, 1992. -- Amended
1990 Ky. Acts ch. 282, sec. 1, effective July 13, 1990. -- Amended 1986 Ky.
Acts ch. 331, sec. 56, effective July 15, 1986. -- Amended 1978 Ky. Acts ch. 78,
sec. 1, effective June 17, 1978. -- Created 1974 Ky. Acts ch. 406, sec. 8,
effective January 1, 1975; and ch. 74, Art. V, sec. 24(14).
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