Ky. Rev. Stat. » Chapter 431
Kentucky Revised Statutes

Ky. Rev. Stat. § 431.015 (2026)

Citation for misdemeanor -- Failure to appear

✓ current as of May 2026
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(1) (a) KRS 431.005 to the contrary notwithstanding, and except as provided in paragraphs (b), (c), (d), and (e) of this subsection, a peace officer shall issue a citation instead of making an arrest for a misdemeanor committed in his or her presence, if there are reasonable grounds to believe that the person being cited will appear to answer the charge. The citation shall provide that the defendant shall appear within a designated time. (b) A peace officer may make an arrest instead of issuing a citation for a misdemeanor committed in his or her presence if the misdemeanor is: 1. A violation of KRS Chapter 508, 510, or 527, or KRS 189A.010, 511.050, 511.085, 514.110, or 523.110; 2. An offense in which the defendant poses a risk of danger to himself, herself, or another person; or 3. An offense in which the defendant refuses to follow the peace officer's reasonable instructions. (c) A peace officer shall make an arrest for violations of protective orders issued pursuant to KRS 403.715 to 403.785 or an order of protection as defined in KRS 456.010. (d) A peace officer may make an arrest or may issue a citation for a violation of KRS 508.030 which occurs in a hospital pursuant to KRS 431.005(1)(f). (e) A peace officer: 1. May make an arrest for a violation of KRS 519.082 or 519.084; and 2. Shall remove a person who violates KRS 519.082 or 519.084 from a legislative building as defined in KRS 519.080 when the removal is requested by the: a. Speaker of the House of Representatives; b. Sergeant-at-Arms of the House of Representatives; c. President of the Senate; d. Sergeant-at-Arms of the Senate; or e. Chair of a committee of the General Assembly. (2) A peace officer may issue a citation instead of making an arrest for a violation committed in his or her presence but may not make a physical arrest unless there are reasonable grounds to believe that the defendant, if a citation is issued, will not appear at the designated time or unless the offense charged is a violation of KRS 189.223, 189.290, 189.393, 189.520, 189.580, 235.240, 281.600, 511.080, or 525.070 committed in his or her presence or a violation of KRS 189A.010, not committed in his or her presence, for which an arrest without a warrant is permitted under KRS 431.005(1)(e). (3) A peace officer may issue a citation when he or she has probable cause to believe that the person being issued the citation has committed a misdemeanor outside of his or her presence, if there are reasonable grounds to believe that the person being cited will appear to answer the charge. The citation shall provide that the defendant shall appear within a designated time. (4) If the defendant fails to appear in response to the citation, or if there are reasonable grounds to believe that he or she will not appear, a complaint may be made before a judge and a warrant shall issue. (5) When a physical arrest is made and a citation is issued in relation to the same offense the officer shall mark on the citation, in the place specified for court appearance date, the word "ARRESTED" in lieu of the date of court appearance. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 123, sec. 4, effective June 27, 2025. -- Amended 2018 Ky. Acts ch. 189, sec. 2, effective July 14, 2018. -- Amended 2017 Ky. Acts ch. 23, sec. 2, effective June 29, 2017. -- Amended 2016 Ky. Acts ch. 98, sec. 1, effective July 15, 2016. -- Amended 2015 Ky. Acts ch. 102, sec. 43, effective January 1, 2016. -- Amended 2012 Ky. Acts ch. 128, sec. 2, effective July 12, 2012. - - Amended 2011 Ky. Acts ch. 2, sec. 46, effective June 8, 2011. -- Amended 2000 Ky. Acts ch. 512, sec. 10, effective July 14, 2000. -- Amended 1984 Ky. Acts ch. 165, sec. 25, effective July 13, 1984. -- Amended 1980 Ky. Acts ch. 309, sec. 2, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 26, sec. 1, effective March 3, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 437, effective January 2, 1978. -- Created 1962 Ky. Acts ch. 234, sec. 33.

Notes of Decisions
Cited in 14 cases (4 in the last 5 years), 1965–2025 · leading case: Atwater v. City of Lago Vista, 532 U.S. 318 (2001).
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Atwater v. City of Lago Vista, 532 U.S. 318 (2001). · cites it 2× “§ 40504 (West 2000); Ky. Rev. Stat. Ann. §§ 431.015 (1), (2) (Michie 1999); La.”
Smith v. Norton Hospitals, Inc., 488 S.W.3d 23 (Ky. Ct. App. 2016). · cites it 3× “005 or KRS 431.015 limits a ■ peace officer’s arrest or citation authority to any particular location or facility; subject to exceptions, a peace officer’s jurisdiction to arrest and to issue citations typically encompasses the territorial limits of the appointing authority.”
Commonwealth v. Priddy, 184 S.W.3d 501 (Ky. 2005). · cites it 2× “NOTES [1] KRS 431.015 provides that a citation is issued by an officer only for a misdemeanor or violation committed in the officer's presence; however, KRS 431.”
Commonwealth v. Terrell, 464 S.W.3d 495 (Ky. 2015). “KRS 431.015(1). . RCr 2.04(1). . KRS 431.”
State v. Bayard, 71 P.3d 498 (Nev. 2003). “§ 40504 (West 2000); Ky. Rev. Stat. Ann. §§ 431.015 (1), (2) (Michie 1999); La.”
Dier v. City of Prestonsburg, Ky., 480 F. Supp. 2d 929 (E.D. Ky. 2007). · cites it 2× “See Ky.Rev.Stat. § 431.015(2). In this case, Officer Clark received a citizen’s complaint from the Bryants regarding Dier’s erratic and dangerous driving.”
Burdette v. Commonwealth, 495 S.W.3d 156 (Ky. Ct. App. 2015). · cites it 10× “Burdette claims her arrest was unlawful as KRS 431.015, a recently enacted statute, requires a police officer to issue a citation for a misdemean- or charge, rather than making an arrest.”
Ben Martin v. Durbin Wallace (Ky. 2022). · cites it 3× “005(1)(d) and KRS 431.015(2), thereby evincing malice and objective bad faith.”
Joshua Kellems v. Commonwealth of Kentucky (Ky. Ct. App. 2024). · cites it 2× “Deputy Smith’s arrest of Kellems, even assuming Kellems should have instead received a citation pursuant to KRS 431.015, was not unconstitutional. Deputy Smith observed Kellems lacked a license plate on his vehicle; “[i]t has long been considered reasonable for an officer to…”
Mix v. West (W.D. Ky. 2023). · cites it 2× “Instead, he now relies on KRS 431.015 as a grounds for which he could have arrested the Plaintiff.”
Estep v. Combs (E.D. Ky. 2020). “005 and KRS 431.015.”). One more important point, unaddressed by either party.”
City of Paintsville v. Paula M. Haney, as Pers. Rep. of Est. of Donald Prater, Jr. (Ky. 2025). “An offense in which the defendant refuses to follow the peace officer’s reasonable instructions.” 10 There is no evidence of record to indicate that Prater’s cause of death was restraint-related asphyxia and Dr.”
Show all 14 citing cases →
— Ky. Rev. Stat. § 431.015(1) — 1 case
Commonwealth v. Terrell, 464 S.W.3d 495 (Ky. 2015). “KRS 431.015(1). . RCr 2.04(1). . KRS 431.”
— Ky. Rev. Stat. § 431.015(1)(a) — 1 case
Joshua Kellems v. Commonwealth of Kentucky (Ky. Ct. App. 2024). “Deputy Smith’s arrest of Kellems, even assuming Kellems should have instead received a citation pursuant to KRS 431.015, was not unconstitutional. Deputy Smith observed Kellems lacked a license plate on his vehicle; “[i]t has long been considered reasonable for an officer to…”
— Ky. Rev. Stat. § 431.015(1)(b) — 1 case
City of Paintsville v. Paula M. Haney, as Pers. Rep. of Est. of Donald Prater, Jr. (Ky. 2025). “An offense in which the defendant refuses to follow the peace officer’s reasonable instructions.” 10 There is no evidence of record to indicate that Prater’s cause of death was restraint-related asphyxia and Dr.”
— Ky. Rev. Stat. § 431.015(2) — 3 cases
Dier v. City of Prestonsburg, Ky., 480 F. Supp. 2d 929 (E.D. Ky. 2007). “See Ky.Rev.Stat. § 431.015(2). In this case, Officer Clark received a citizen’s complaint from the Bryants regarding Dier’s erratic and dangerous driving.”
Ben Martin v. Durbin Wallace (Ky. 2022). “005(1)(d) and KRS 431.015(2), thereby evincing malice and objective bad faith.”
State v. Martinez, 131 P.3d 879 (Utah Ct. App. 2006).
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