Kentucky Revised Statutes

Ky. Rev. Stat. § 508.075 (2026)

Terroristic threatening in the first degree

✓ current as of May 2026

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(1) A person is guilty of terroristic threatening in the first degree when he or she: (a) Intentionally makes false statements that he or she or another person has placed a weapon of mass destruction on: 1. The real property or any building of any public or private elementary or secondary school, vocational school, or institution of postsecondary education; 2. A school bus or other vehicle owned, operated, or leased by a school; 3. The real property or any building public or private that is the site of an official school-sanctioned function; 4. The real property or any building owned or leased by a government agency; 5. The real property or any building owned or leased by a domestic violence shelter as defined in KRS 511.085; 6. Any workplace; or 7. The real property or any building public or private that is the site of any gathering of three (3) or more persons; or (b) Intentionally and without lawful authority, places a counterfeit weapon of mass destruction at any location or on any object specified in paragraph (a) of this subsection. (2) A counterfeit weapon of mass destruction is placed with lawful authority if it is placed, with the written permission of the chief officer of the school or other institution, as a part of an official training exercise and is placed by a public servant, as defined in KRS 522.010. (3) A person is not guilty of commission of an offense under this section if he or she, innocently and believing the information to be true, communicates a threat made by another person to school personnel, domestic violence shelter personnel, a peace officer, a law enforcement agency, a public agency involved in emergency response, or a public safety answering point and identifies the person from whom the threat was communicated, if known. (4) Terroristic threatening in the first degree is a Class C felony. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 174, sec. 34, effective July 15, 2024. -- Amended 2022 Ky. Acts ch. 163, sec. 1, effective July 14, 2022. -- Created 2001 Ky. Acts ch. 113, sec. 1, effective June 21, 2001.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2016–2021 · leading case: Smith v. Norton Hospitals, Inc., 488 S.W.3d 23 (Ky. Ct. App. 2016).

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Smith v. Norton Hospitals, Inc., 488 S.W.3d 23 (Ky. Ct. App. 2016). “080(1), providing in relevant part: *31 Except as provided in KRS 508.075 or 508,078, a person is guilty of terroristic threatening in the third degree when: (a) He threatens to commit any crime likely to result in death or serious physical injury to another person or likely to…”

Timothy John Felker v. Commonwealth of Kentucky (Ky. Ct. App. 2021). “080 and reads, in relevant part: (1) Except as provided in KRS 508.075 or 508.078, a person is guilty of terroristic threatening in the third degree when: (a) He threatens to commit any crime likely to result in death or serious physical injury to another -5- person or likely to…”

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