Enhancement of penalty.
(1) 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.
(2) 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.
Notes of Decisions
Cited in
6
cases (
3 in the last 5 years), 2009–2024 · leading case:
Brewer v. Commonwealth, 478 S.W.3d 363 (Ky. 2015).
Brewer v. Commonwealth, 478 S.W.3d 363 (Ky. 2015).
· cites it 61× “In a prosecution under the 2000 version of KRS 508.032, Jeremy Russell Brewer entered a conditional guilty plea to fourth-degree assault, third or subsequent offense within five years, while reserving the right to assert on appeal that the trial court erred when it ruled that…”
Lisle v. Commonwealth, 290 S.W.3d 675 (Ky. Ct. App. 2009).
· cites it 8× “For a criminal defendant to be convicted of fourth-degree assault, third offense, under KRS 508.032, two prior assault convictions involving family members must be proven by the Commonwealth.”
Robert Sean Reed v. Campbell Cnty., Ky., 80 F.4th 734 (6th Cir. 2023).
“Ky. Rev. Stat. § 508.032(1). But the officers offered no evidence to suggest that they had any reason to believe that Reed had been convicted of at least two other assaults against a family member or member of an unmarried couple in the previous five years, which are the…”
Galloway v. Commonwealth, 424 S.W.3d 921 (Ky. 2014).
· cites it 6× “032 requires: (1) proof of pri- or conviction(s); (2) proof that the prior conviction(s) occurred within the past five years; and (3) proof that the prior victim(s) were a family member or member of an unmarried couple. We are further guided by the fact that an action under KRS…”
Daquantae Delane Smith v. Commonwealth of Kentucky (Ky. 2023).
· cites it 2× “030 rather than KRS 508.032;3 (2) sever Counts 3-5, receiving stolen property, from 19-CR-377; (3) sever Count 2, third-degree assault (police officer), from 20-CR-97; (4) amend Count 3 from 20-CR-97, second-degree criminal mischief, to third-degree criminal mischief; and (5)…”
Taylor Clark v. Commonwealth of Kentucky (Ky. Ct. App. 2024).
· cites it 2× “KRS 508.032. It also does not appear that the victim of the assault in this case was a member of Clark’s family or a member of an unmarried couple with Clark.”
— Ky. Rev. Stat. § 508.032(1) — 3 cases
Robert Sean Reed v. Campbell Cnty., Ky., 80 F.4th 734 (6th Cir. 2023).
“Ky. Rev. Stat. § 508.032(1). But the officers offered no evidence to suggest that they had any reason to believe that Reed had been convicted of at least two other assaults against a family member or member of an unmarried couple in the previous five years, which are the…”
Brewer v. Commonwealth, 478 S.W.3d 363 (Ky. 2015).
“In a prosecution under the 2000 version of KRS 508.032, Jeremy Russell Brewer entered a conditional guilty plea to fourth-degree assault, third or subsequent offense within five years, while reserving the right to assert on appeal that the trial court erred when it ruled that…”
Galloway v. Commonwealth, 424 S.W.3d 921 (Ky. 2014).
“032 requires: (1) proof of pri- or conviction(s); (2) proof that the prior conviction(s) occurred within the past five years; and (3) proof that the prior victim(s) were a family member or member of an unmarried couple. We are further guided by the fact that an action under KRS…”
— Ky. Rev. Stat. § 508.032(2) — 1 case
Daquantae Delane Smith v. Commonwealth of Kentucky (Ky. 2023).
“030 rather than KRS 508.032;3 (2) sever Counts 3-5, receiving stolen property, from 19-CR-377; (3) sever Count 2, third-degree assault (police officer), from 20-CR-97; (4) amend Count 3 from 20-CR-97, second-degree criminal mischief, to third-degree criminal mischief; and (5)…”
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