2016 Kentucky Revised Statutes CHAPTER 508 - ASSAULT AND RELATED OFFENSES .032 Assault of family member or member of an unmarried couple -- Enhancement of penalty.
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508.032
Assault of family member or member of an unmarried couple -Enhancement of penalty.
(1)
(2)
If a person commits a third or subsequent offense of assault in the fourth degree
under KRS 508.030 within five (5) years, and the relationship between the
perpetrator and the victim in each of the offenses meets the definition of family
member or member of an unmarried couple, as defined in KRS 403.720, then the
person may be convicted of a Class D felony. If the Commonwealth desires to
utilize the provisions of this section, the Commonwealth shall indict the defendant
and the case shall be tried in the Circuit Court as a felony case. The jury, or judge if
the trial is without a jury, may decline to assess a felony penalty in a case under this
section and may convict the defendant of a misdemeanor. The victim in the second
or subsequent offense is not required to be the same person who was assaulted in
the prior offenses in order for the provisions of this section to apply.
In determining the five (5) year period under this section, the period shall be
measured from the dates on which the offenses occurred for which the judgments of
conviction were entered by a court of competent jurisdiction.
Effective: July 14, 2000
History: Amended 2000 Ky. Acts ch. 401, sec. 39, effective July 14, 2000. -- Created
1996 Ky. Acts ch. 345, sec. 2, effective July 15, 1996.
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