victim of domestic violence or abuse -- Time of offense -- Prohibition against
award of credit.
(1) As used in this section, "violent offender" means any person who has been
convicted of or pled guilty to the:
(a) Commission or attempted commission of:
1. A capital offense;
2. A Class A felony; or
3. A felony sexual offense described in KRS Chapter 510; or
(b) Commission of:
1. A felony involving the death of the victim or serious physical injury to a
victim;
2. Use of a minor in a sexual performance as described in KRS 531.310;
3. Promoting a sexual performance by a minor as described in KRS
531.320;
4. Unlawful transaction with a minor in the first degree as described in
KRS 530.064(1)(a);
5. Human trafficking under KRS 529.100 involving commercial sexual
activity where the victim is a minor;
6. Criminal abuse in the first degree as described in KRS 508.100;
7. Burglary in the first degree accompanied by the commission or
attempted commission of an assault as described in KRS 508.010,
508.020, 508.032, or 508.060;
8. Burglary in the first degree accompanied by commission or attempted
commission of kidnapping as described in KRS 509.040;
9. Burglary in the first degree as described in KRS 511.020, if a person
other than a participant in the crime was present in the building during
the commission of the offense;
10. Robbery in the first degree as described in KRS 515.020;
11. Robbery in the second degree as described in KRS 515.030;
12. Incest as described in KRS 530.020(2)(b) or (c);
13. Arson in the first degree as described in KRS 513.020;
14. Strangulation in the first degree as described in KRS 508.170;
15. Carjacking as described in KRS 515.040;
16. A Class C felony violation of promoting contraband in the first degree
as described in KRS 520.050; or
17. Wanton endangerment in the first degree as described in KRS 508.060
involving the discharge of a firearm.
(2) The court shall designate in its judgment if:
(a) The victim suffered death or serious physical injury; and
(b) A person other than a participant in the crime was present in the building
during the commission of burglary in the first degree.
(3) A violent offender who has been convicted of a capital offense and who has
received a life sentence and has not been sentenced to twenty-five (25) years
without parole or imprisonment for life without benefit of probation or parole, or a
Class A felony and receives a life sentence, or to death and his or her sentence is
commuted to a life sentence shall not be released on probation or parole until he or
she has served at least twenty (20) years in the penitentiary. Violent offenders may
have a greater minimum parole eligibility date than other offenders who receive
longer sentences, including a sentence of life imprisonment.
(4) A violent offender with a sentence of a term of years shall not be released on
probation, shock probation, parole, conditional discharge, or other form of early
release until he or she has served at least eighty-five percent (85%) of the sentence
imposed.
(5) A violent offender shall only be awarded credit on his or her sentence authorized by
KRS 197.045(1)(a)1.
(6) This section shall not apply to a person who has been determined by a court to have
been a victim of domestic violence or abuse pursuant to KRS 533.060 with regard
to the offenses involving the death of the victim or serious physical injury to the
victim. The provisions of this subsection shall not extend to rape in the first degree
or sodomy in the first degree by the defendant.
(7) This section shall apply only to those persons who commit offenses after July 15,
1998.
(8) For offenses committed prior to July 15, 1998, the version of this statute in effect
immediately prior to that date shall continue to apply.
(9) The provisions of subsection (1) of this section extending the definition of "violent
offender" to persons convicted of or pleading guilty to robbery in the first degree
shall apply only to persons whose crime was committed after July 15, 2002.
Effective: July 15, 2024
History: Amended 2024 Ky. Acts ch. 174, sec. 32, effective July 15, 2024. -- Amended
2022 Ky. Acts ch. 14, sec. 1, effective July 14, 2022. -- Amended 2019 Ky. Acts ch.
136, sec. 1, effective June 27, 2019. -- Amended 2018 Ky. Acts ch. 89, sec. 15,
effective July 1, 2018; and ch. 115, sec. 10, effective July 14, 2018. -- Amended
2015 Ky. Acts ch. 66, sec. 19, effective March 25, 2015. -- Amended 2013 Ky. Acts
ch. 101, sec. 1, effective June 25, 2013. -- Amended 2011 Ky. Acts ch.2, sec. 99,
effective June 8, 2011. -- Amended 2007 Ky. Acts ch. 19, sec. 11, effective June 26,
2007. -- Amended 2006 Ky. Acts ch. 182, sec. 27, effective July 12, 2006. --
Amended 2002 Ky. Acts ch. 120, sec. 2, effective July 15, 2002. -- Amended 2000
Ky. Acts ch. 401, sec. 3, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 606,
sec. 77, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 173, sec. 4, effective
July 14, 1992. -- Amended 1991 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 1, effective
February 15, 1991. -- Created 1986 Ky. Acts ch. 358, sec. 1, effective July 15, 1986.
Legislative Research Commission Note (7/14/2018). Pursuant to 2018 Ky. Acts ch.
115, sec. 12, that Act shall be known as the Women's Dignity in the Justice System
Act. This statute was amended in Section 10 of that Act.
Legislative Research Commission Note (6/25/2013). 2013 Ky. Acts ch. 101, sec. 2,
provides that Section 1 of the Act, which included an amendment to this statute, shall
be known as the "Bryan Durman Act."
Notes of Decisions
Cited in
163
cases (
70 in the last 5 years), 1987–2026 · leading case:
Commonwealth v. Vincent, 70 S.W.3d 422 (Ky. 2002).
Commonwealth v. Vincent, 70 S.W.3d 422 (Ky. 2002).
· cites it 122× “060(1) exempts Vincent *423 from the terms of the violent offender statute of KRS 439.3401. We hold that it does not and reverse the trial court on this issue.”
Hughes v. Commonwealth, 87 S.W.3d 850 (Ky. 2002).
· cites it 28× “On appeal, he asserts that (1) evidence of the discovery of the victim's body should have been suppressed because it was discovered during the course of a warrantless search; (2) his confession should have been suppressed because the person who advised him of his Miranda rights…”
Benet v. Commonwealth, 253 S.W.3d 528 (Ky. 2008).
· cites it 19× “The trial court’s final judgment makes no mention of whether Benet is a violent offender under KRS 439.3401. Benet then filed this appeal as a matter of right.”
Pate v. Dep't of Corr., 466 S.W.3d 480 (Ky. 2015).
· cites it 39× “One of those statutes is KRS 439.3401, which this Court often refers to as the Violent Offender Statute.”
Huff v. Commonwealth, 763 S.W.2d 106 (Ky. 1988).
· cites it 25× “055 and KRS 439.3401, and filed proper motion to have these two statutes declared unconstitutional.”
Owens v. Commonwealth, 512 S.W.3d 1 (Ky. Ct. App. 2017).
· cites it 6× “Owens also challenged the constitutionality of KRS 439.3401. In a comprehensive order entered April 21, 2014, the circuit court denied all of Owens’ pending CR 60.”
Gaines v. Commonwealth, 439 S.W.3d 160 (Ky. 2014).
· cites it 20× “However, there are exceptions to the general rule, and one exception is found in KRS 439.3401. Under KRS 439.3401(1), a “violent offender” is a person who has been convicted of a capital offense; a Class A felony; or Class B felony involving the death of the victim or serious…”
Holland v. Commonwealth, 192 S.W.3d 433 (Ky. Ct. App. 2006).
· cites it 26× “The sole issue appealed is whether appellant should be considered a violent offender for purposes of limiting her parole eligibility, KRS 439.3401, or whether she is exempted from that status by virtue of being a victim of domestic violence.”
Springer v. Commonwealth, 998 S.W.2d 439 (Ky. 1999).
· cites it 6× “KRS 439.3401 provides minimum parole eligibility guidelines for prisoners classified as "violent offenders.”
Sanders v. Commonwealth, 844 S.W.2d 391 (Ky. 1992).
· cites it 14× “The appellant's third contention is that his sentencing was improper by reason of the application of the "violent offender statute," KRS 439.3401. The statute in subsection (2) prescribes a twelve-year period of parole ineligibility for a violent offender sentenced to life…”
Commonwealth v. Anderson, 934 S.W.2d 276 (Ky. 1996).
· cites it 7× “Anderson, had failed to establish she had been a victim of domestic violence at the hands of the man she killed, and therefore was not eligible for an exemption from the parole-eligibility restrictions of the Violent Offender Statute, KRS 439.3401. Anderson and James Shields,…”
Commonwealth v. Pridham, 394 S.W.3d 867 (Ky. 2012).
· cites it 4× “His motion alleged that trial counsel assured him that he would become eligible for parole upon having served twenty percent (20%) of his thirty-year sentence, or six years, 1 whereas in fact KRS 439.”
— Ky. Rev. Stat. § 439.3401(1) — 32 cases
Pate v. Dep't of Corr., 466 S.W.3d 480 (Ky. 2015).
“One of those statutes is KRS 439.3401, which this Court often refers to as the Violent Offender Statute.”
Commonwealth v. Vincent, 70 S.W.3d 422 (Ky. 2002).
“060(1) exempts Vincent *423 from the terms of the violent offender statute of KRS 439.3401. We hold that it does not and reverse the trial court on this issue.”
Benet v. Commonwealth, 253 S.W.3d 528 (Ky. 2008).
“The trial court’s final judgment makes no mention of whether Benet is a violent offender under KRS 439.3401. Benet then filed this appeal as a matter of right.”
Huff v. Commonwealth, 763 S.W.2d 106 (Ky. 1988).
“055 and KRS 439.3401, and filed proper motion to have these two statutes declared unconstitutional.”
— Ky. Rev. Stat. § 439.3401(1)(1) — 2 cases
— Ky. Rev. Stat. § 439.3401(1)(3) — 1 case
— Ky. Rev. Stat. § 439.3401(1)(a) — 5 cases
— Ky. Rev. Stat. § 439.3401(1)(a)(3) — 1 case
— Ky. Rev. Stat. § 439.3401(1)(b) — 5 cases
— Ky. Rev. Stat. § 439.3401(1)(c) — 9 cases
— Ky. Rev. Stat. § 439.3401(1)(e) — 4 cases
— Ky. Rev. Stat. § 439.3401(1)(f) — 6 cases
— Ky. Rev. Stat. § 439.3401(1)(l) — 2 cases
— Ky. Rev. Stat. § 439.3401(1)(m) — 3 cases
— Ky. Rev. Stat. § 439.3401(1)(n) — 3 cases
— Ky. Rev. Stat. § 439.3401(2) — 12 cases
Hughes v. Commonwealth, 87 S.W.3d 850 (Ky. 2002).
“On appeal, he asserts that (1) evidence of the discovery of the victim's body should have been suppressed because it was discovered during the course of a warrantless search; (2) his confession should have been suppressed because the person who advised him of his Miranda rights…”
Commonwealth v. Vincent, 70 S.W.3d 422 (Ky. 2002).
“060(1) exempts Vincent *423 from the terms of the violent offender statute of KRS 439.3401. We hold that it does not and reverse the trial court on this issue.”
Benet v. Commonwealth, 253 S.W.3d 528 (Ky. 2008).
“The trial court’s final judgment makes no mention of whether Benet is a violent offender under KRS 439.3401. Benet then filed this appeal as a matter of right.”
Huff v. Commonwealth, 763 S.W.2d 106 (Ky. 1988).
“055 and KRS 439.3401, and filed proper motion to have these two statutes declared unconstitutional.”
— Ky. Rev. Stat. § 439.3401(2)(a) — 1 case
— Ky. Rev. Stat. § 439.3401(2)(b) — 1 case
— Ky. Rev. Stat. § 439.3401(3) — 34 cases
Hughes v. Commonwealth, 87 S.W.3d 850 (Ky. 2002).
“On appeal, he asserts that (1) evidence of the discovery of the victim's body should have been suppressed because it was discovered during the course of a warrantless search; (2) his confession should have been suppressed because the person who advised him of his Miranda rights…”
Commonwealth v. Vincent, 70 S.W.3d 422 (Ky. 2002).
“060(1) exempts Vincent *423 from the terms of the violent offender statute of KRS 439.3401. We hold that it does not and reverse the trial court on this issue.”
— Ky. Rev. Stat. § 439.3401(3)(a) — 19 cases
Gaines v. Commonwealth, 439 S.W.3d 160 (Ky. 2014).
“However, there are exceptions to the general rule, and one exception is found in KRS 439.3401. Under KRS 439.3401(1), a “violent offender” is a person who has been convicted of a capital offense; a Class A felony; or Class B felony involving the death of the victim or serious…”
— Ky. Rev. Stat. § 439.3401(4) — 34 cases
Springer v. Commonwealth, 998 S.W.2d 439 (Ky. 1999).
“KRS 439.3401 provides minimum parole eligibility guidelines for prisoners classified as "violent offenders.”
Commonwealth v. Anderson, 934 S.W.2d 276 (Ky. 1996).
“Anderson, had failed to establish she had been a victim of domestic violence at the hands of the man she killed, and therefore was not eligible for an exemption from the parole-eligibility restrictions of the Violent Offender Statute, KRS 439.3401. Anderson and James Shields,…”
Pate v. Dep't of Corr., 466 S.W.3d 480 (Ky. 2015).
“One of those statutes is KRS 439.3401, which this Court often refers to as the Violent Offender Statute.”
— Ky. Rev. Stat. § 439.3401(5) — 20 cases
Commonwealth v. Vincent, 70 S.W.3d 422 (Ky. 2002).
“060(1) exempts Vincent *423 from the terms of the violent offender statute of KRS 439.3401. We hold that it does not and reverse the trial court on this issue.”
Holland v. Commonwealth, 192 S.W.3d 433 (Ky. Ct. App. 2006).
“The sole issue appealed is whether appellant should be considered a violent offender for purposes of limiting her parole eligibility, KRS 439.3401, or whether she is exempted from that status by virtue of being a victim of domestic violence.”
Gaines v. Commonwealth, 439 S.W.3d 160 (Ky. 2014).
“However, there are exceptions to the general rule, and one exception is found in KRS 439.3401. Under KRS 439.3401(1), a “violent offender” is a person who has been convicted of a capital offense; a Class A felony; or Class B felony involving the death of the victim or serious…”
— Ky. Rev. Stat. § 439.3401(6) — 4 cases
— Ky. Rev. Stat. § 439.3401(7) — 1 case
— Ky. Rev. Stat. § 439.3401(8) — 1 case
— Ky. Rev. Stat. § 439.3401(c) — 1 case
Benet v. Commonwealth, 253 S.W.3d 528 (Ky. 2008).
“The trial court’s final judgment makes no mention of whether Benet is a violent offender under KRS 439.3401. Benet then filed this appeal as a matter of right.”
— Ky. Rev. Stat. § 439.3401(k) — 1 case
— Ky. Rev. Stat. § 439.3401(l) — 1 case
— Ky. Rev. Stat. § 439.3401(l)(a) — 1 case
Pate v. Dep't of Corr., 466 S.W.3d 480 (Ky. 2015).
“One of those statutes is KRS 439.3401, which this Court often refers to as the Violent Offender Statute.”
— Ky. Rev. Stat. § 439.3401(l)(c) — 1 case
— Ky. Rev. Stat. § 439.3401(l)(d) — 1 case
Benet v. Commonwealth, 253 S.W.3d 528 (Ky. 2008).
“The trial court’s final judgment makes no mention of whether Benet is a violent offender under KRS 439.3401. Benet then filed this appeal as a matter of right.”
— Ky. Rev. Stat. § 439.3401(l)(e) — 1 case
— Ky. Rev. Stat. § 439.3401(l)(i) — 1 case
— Ky. Rev. Stat. § 439.3401(l)(l) — 1 case
— Ky. Rev. Stat. § 439.3401(m) — 2 cases
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.