Ky. Rev. Stat. » Chapter 208
Kentucky Revised Statutes

Ky. Rev. Stat. § 208.170 (2026)

Repealed, 1987

✓ current as of May 2026
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Catchline at repeal: Proceedings against children suspected of felony. History: Repealed 1986 Ky. Acts ch. 423, sec. 198, effective July 1, 1987. -- Amended 1980 Ky. Acts ch. 188, sec. 164, effective July 15, 1980. -- Amended 1976 Ky. Acts ch. 168, sec. 6, effective June 19, 1976. -- Amended 1974 Ky. Acts ch. 406, sec. 308, effective January 1, 1975. -- Amended 1962 Ky. Acts ch. 212, sec. 4, effective June 14, 1962. -- Amended 1956 Ky. Acts ch. 157, sec. 26, effective February 27, 1956. -- Amended 1954 Ky. Acts ch. 193, sec. 4, effective June 17, 1954. -- Created 1952 Ky. Acts ch. 161, sec. 17, effective January 1, 1953. Note: This section was repealed by 1980 Ky. Acts ch. 280, which was to have become effective July 1, 1982. Thereafter, 1982 Ky. Acts ch. 284 changed the effective date of that act to July 15, 1984. Then, 1984 Ky. Acts ch. 184 repealed both 1980 Ky. Acts ch. 280, and 1982 Ky. Acts ch. 284.

Notes of Decisions
Cited in 37 cases, 1954–2004 · leading case: Ice v. Commonwealth, 667 S.W.2d 671 (Ky. 1984).
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Ice v. Commonwealth, 667 S.W.2d 671 (Ky. 1984). · cites it 2× “020) and a child cannot be tried as an adult for a Class B felony (KRS 208.170(1)). We disagree. KRS 532.025(2)(a) Section 2 specifies as an aggravating circumstance that the offense of murder was committed "while the offender was engaged in the commission of .”
Trimble v. State, 478 A.2d 1143 (Md. 1984). · cites it 2× “§§ 31-6-2-4 , 35-50-2-9 (Burns 1984); Ky. Rev. Stat. Ann. §§ 208.170 , 532.030 (Baldwin Supp.”
Commonwealth v. Thompson, 697 S.W.2d 143 (Ky. 1985). · cites it 2× “Although the panel of the Court of Appeals opined the order merely “parrots” KRS 208.170, it does much more. It addresses each of the criteria set out in the statute and states by what witnesses the elements were proved.”
Schooley v. Commonwealth, 556 S.W.2d 912 (Ky. Ct. App. 1977). · cites it 4× “The provisions of KRS 208.170(1) govern the transfer of felony charges against a juvenile from juvenile court to circuit court.”
Bingham v. Commonwealth, 550 S.W.2d 535 (Ky. 1977). · cites it 3× “060(3) and (4) have been extended to the child and the adult responsible for the child, due process of law having been observed, the allegations having been proven beyond a reasonable doubt, and the Court having been sufficiently advised, it is hereby ORDERED AND ADJUDGED by…”
Richardson v. Commonwealth, 550 S.W.2d 538 (Ky. 1977). · cites it 5× “On the appeal, Richardson asserts that the order of the Christian Juvenile Court is improper and void in that it does not comply with the requirements of KRS 208.170 and, as a consequence, the trial and judgment in the Christian Circuit Court were void in that the court did not…”
Sharp v. Commonwealth, 559 S.W.2d 727 (Ky. 1977). · cites it 4× “Sharp did not testify at his trial. This court rejects Sharp’s claim that he was subjected to double jeopardy by the hearing in juvenile court followed by the trial in circuit court.”
Pevlor v. Commonwealth, 638 S.W.2d 272 (Ky. 1982). · cites it 3× “On December 9, 1976, a hearing was held in the juvenile court to determine whether the case should be transferred to the circuit court and the appellant dealt with under the regular law governing crimes (KRS 208.170). On December 10, 1976, the juvenile court ordered that…”
Hubbs v. Commonwealth, 511 S.W.2d 664 (Ky. Ct. App. 1974). · cites it 4× “There is nothing in the record which was filed in the Court of Appeals to show that the circuit court had before it any additional record of the juvenile court proceedings from which to determine whether the juvenile court followed the requirements of Kent and KRS 208.170. No…”
Stanford v. Commonwealth, 734 S.W.2d 781 (Ky. 1987). “The appellant has devoted a substantial portion of his brief to his 'assertion that KRS 208.170 was applied in an unconstitutional manner in the process leading to the juvenile court's waiver of jurisdiction over him.”
Steve Edward Roach v. Ronald Angelone, Dir., Virginia Dep't of Corr., 176 F.3d 210 (4th Cir. 1999). “See Ky.Rev.Stat. Ann. § 208.170 (Michie 1982), repealed effective July 15, 1984; and Mo.”
Humphrey v. Commonwealth, 153 S.W.3d 854 (Ky. Ct. App. 2004). · cites it 2× “Moreover, the circuit court also had general jurisdiction "to try juvenile felony offenders if there has been a valid transfer order pursuant to KRS 208.170(1) [the predecessor to KRS 635.”
Show all 37 citing cases →
— Ky. Rev. Stat. § 208.170(1) — 14 cases
Ice v. Commonwealth, 667 S.W.2d 671 (Ky. 1984). “020) and a child cannot be tried as an adult for a Class B felony (KRS 208.170(1)). We disagree. KRS 532.025(2)(a) Section 2 specifies as an aggravating circumstance that the offense of murder was committed "while the offender was engaged in the commission of .”
Schooley v. Commonwealth, 556 S.W.2d 912 (Ky. Ct. App. 1977). “The provisions of KRS 208.170(1) govern the transfer of felony charges against a juvenile from juvenile court to circuit court.”
Humphrey v. Commonwealth, 153 S.W.3d 854 (Ky. Ct. App. 2004). “Moreover, the circuit court also had general jurisdiction "to try juvenile felony offenders if there has been a valid transfer order pursuant to KRS 208.170(1) [the predecessor to KRS 635.”
Bingham v. Commonwealth, 550 S.W.2d 535 (Ky. 1977). “060(3) and (4) have been extended to the child and the adult responsible for the child, due process of law having been observed, the allegations having been proven beyond a reasonable doubt, and the Court having been sufficiently advised, it is hereby ORDERED AND ADJUDGED by…”
Hubbs v. Commonwealth, 511 S.W.2d 664 (Ky. Ct. App. 1974). “There is nothing in the record which was filed in the Court of Appeals to show that the circuit court had before it any additional record of the juvenile court proceedings from which to determine whether the juvenile court followed the requirements of Kent and KRS 208.170. No…”
— Ky. Rev. Stat. § 208.170(2) — 2 cases
Sharp v. Commonwealth, 559 S.W.2d 727 (Ky. 1977). “Sharp did not testify at his trial. This court rejects Sharp’s claim that he was subjected to double jeopardy by the hearing in juvenile court followed by the trial in circuit court.”
Hensley v. Commonwealth, 280 S.W.2d 540 (Ky. Ct. App. 1955).
— Ky. Rev. Stat. § 208.170(3) — 2 cases
Sharp v. Commonwealth, 559 S.W.2d 727 (Ky. 1977). “Sharp did not testify at his trial. This court rejects Sharp’s claim that he was subjected to double jeopardy by the hearing in juvenile court followed by the trial in circuit court.”
Mayes v. Commonwealth, 563 S.W.2d 4 (Ky. 1978).
— Ky. Rev. Stat. § 208.170(5)(a) — 2 cases
Pevlor v. Commonwealth, 638 S.W.2d 272 (Ky. 1982). “On December 9, 1976, a hearing was held in the juvenile court to determine whether the case should be transferred to the circuit court and the appellant dealt with under the regular law governing crimes (KRS 208.170). On December 10, 1976, the juvenile court ordered that…”
C. E. H. v. Commonwealth, 619 S.W.2d 725 (Ky. Ct. App. 1981).
— Ky. Rev. Stat. § 208.170(5)(b) — 1 case
Commonwealth v. Thompson, 697 S.W.2d 143 (Ky. 1985). “Although the panel of the Court of Appeals opined the order merely “parrots” KRS 208.170, it does much more. It addresses each of the criteria set out in the statute and states by what witnesses the elements were proved.”
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