(1) As used in this section, "offense against a vulnerable victim" means any violation of:
(a) KRS 508.100;
(b) KRS 508.110;
(c) KRS 508.120;
(d) KRS 510.040, 510.050, 510.060, 510.070, 510.080, 510.090, 510.110, 510.120, or 530.020, if the victim is under the age of fourteen (14), or if the victim is an individual with an intellectual disability, physically helpless, or mentally incapacitated, as those terms are defined in KRS 510.010;
(e) KRS 529.100 or 529.110 if the victim is a minor;
(f) KRS 530.064(1)(a);
(g) KRS 531.310;
(h) KRS 531.320; or
(i) Any felony in KRS Chapter 209.
(2) A person may be charged with committing an offense against a vulnerable victim in a continuing course of conduct if the unlawful act was committed against the same person two (2) or more times over a specified period of time.
(3) If a person is charged as committing the crime in a continuing course of conduct, the indictment shall clearly charge that the crime was committed in a continuing course of conduct. (4) To convict a person of an offense against a vulnerable victim in a continuing course of conduct, the jury shall unanimously agree that two (2) or more acts in violation of the same statute occurred during the specified period of time. The jury need not agree on which specific acts occurred.
(5) If a person is convicted of an offense against a vulnerable victim in a continuing course of conduct, that person may not also be convicted of charges based on the individual unlawful acts that were part of the continuing course of conduct.
(6) The penalty, probation and parole eligibility, and other consequences of an offense charged under this section shall be the same as for the offense when charged based on an individual act.
(7) The applicability of this section shall be governed by the age of the victim at the time of the offense. Effective:April 9, 2016 History: Created 2016 Ky. Acts ch. 83, sec. 1, effective April 9, 2016.
Notes of Decisions
Paul T. Elam Jr v. Commonwealth of Kentucky, 500 S.W.3d 818 (Ky. 2016).
· cites it 3× “Thus, while KRS 501.100 presents an important option *827 for prosecutors when charging multiple sexual offenses against a single victim, implementing the option created by the legislature pre-eludes the imposition of multiple sentences that would otherwise be available when…”
Commonwealth v. Yelder, 88 S.W.3d 435 (Ky. Ct. App. 2002).
“06 states as follows: If upon arraignment or during the proceedings there are reasonable grounds to believe that the defendant lacks the capacity to appreciate the nature and consequences of the proceedings against him or her, or to participate rationally in his or her defense,…”
James Gartin v. Commonwealth of Kentucky (Ky. 2021).
· cites it 10× “Inexplicably, and as conceded by the Commonwealth, the instructions did not include a necessary element of the crimes for which Gartin stood charged.”
Jacob Abercrombie v. Commonwealth of Kentucky (Ky. 2024).
· cites it 6× “The indictment was subsequently amended to charge Abercrombie with one count each of first-degree rape, first-degree sodomy, and first-degree sexual abuse as part of a continuing course of conduct pursuant to KRS 501.100. A jury trial commenced on August 22, 2022.”
Durrell Davis v. Commonwealth of Kentucky (Ky. 2024).
· cites it 3× “Nevertheless, Davis asserts inclusion in the jury instructions of the continuing course of conduct language of KRS 501.100 violated Ramos and created a unanimity issue.”
William Kenneth Riggle, Sr. v. Commonwealth of Kentucky (Ky. 2023).
“The defendant was 4 It is worth noting that none of Senior’s crimes were charged as a continuing course of conduct against a vulnerable victim pursuant to KRS 501.100, presumably because the vast majority of his actions occurred prior to the effective date of that statute,…”
William Kenneth Riggle, Sr. v. Commonwealth of Kentucky (Ky. 2024).
“The defendant was 4 It is worth noting that none of Senior’s crimes were charged as a continuing course of conduct against a vulnerable victim pursuant to KRS 501.100, presumably because the vast majority of his actions occurred prior to the effective date of that statute,…”
Ky. Rev. Stat. § 501.100(1): 1 case
Durrell Davis v. Commonwealth of Kentucky (Ky. 2024).
“Nevertheless, Davis asserts inclusion in the jury instructions of the continuing course of conduct language of KRS 501.100 violated Ramos and created a unanimity issue.”
Ky. Rev. Stat. § 501.100(4): 2 cases
James Gartin v. Commonwealth of Kentucky (Ky. 2021).
“Inexplicably, and as conceded by the Commonwealth, the instructions did not include a necessary element of the crimes for which Gartin stood charged.”
Jacob Abercrombie v. Commonwealth of Kentucky (Ky. 2024).
“The indictment was subsequently amended to charge Abercrombie with one count each of first-degree rape, first-degree sodomy, and first-degree sexual abuse as part of a continuing course of conduct pursuant to KRS 501.100. A jury trial commenced on August 22, 2022.”
Ky. Rev. Stat. § 501.100(5): 4 cases
Paul T. Elam Jr v. Commonwealth of Kentucky, 500 S.W.3d 818 (Ky. 2016).
“Thus, while KRS 501.100 presents an important option *827 for prosecutors when charging multiple sexual offenses against a single victim, implementing the option created by the legislature pre-eludes the imposition of multiple sentences that would otherwise be available when…”
Ky. Rev. Stat. § 501.100(6): 4 cases
Paul T. Elam Jr v. Commonwealth of Kentucky, 500 S.W.3d 818 (Ky. 2016).
“Thus, while KRS 501.100 presents an important option *827 for prosecutors when charging multiple sexual offenses against a single victim, implementing the option created by the legislature pre-eludes the imposition of multiple sentences that would otherwise be available when…”
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