Kentucky Revised Statutes

Ky. Rev. Stat. § 508.078 (2026)

Terroristic threatening in the second degree

✓ current as of May 2026

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(1) A person is guilty of terroristic threatening in the second degree when, other than as provided in KRS 508.075, he or she intentionally: (a) With respect to any scheduled, publicly advertised event open to the public, any place of worship, any school function, any workplace, or any gathering of three (3) or more persons, threatens to commit by any means, including by use of a firearm, any act likely to result in death or serious physical injury to any person. A threat directed at a person or persons at a scheduled, publicly advertised event open to the public, place of worship, school, workplace, or gathering of three (3) or more persons does not need to identify a specific person or persons or school in order for a violation of this section to occur; (b) Makes false statements by any means, including by electronic communication, indicating that an act likely to result in death or serious physical injury is occurring or will occur for the purpose of: 1. Causing evacuation of a school building, school property, or school- sanctioned activity; 2. Causing cancellation of school classes or school-sanctioned activity; or 3. Creating fear of death or serious physical injury among students, parents, or school personnel; (c) Makes false statements that he or she has placed a weapon of mass destruction at any location other than one specified in KRS 508.075; or (d) Without lawful authority places a counterfeit weapon of mass destruction at any location other than one specified in KRS 508.075. (2) A counterfeit weapon of mass destruction is placed with lawful authority if it is placed as part of an official training exercise 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, 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) Except as provided in subsection (5) of this section, terroristic threatening in the second degree is a Class D felony. (5) Terroristic threatening in the second degree is a Class C felony when, in addition to violating subsection (1) of this section, the person intentionally engages in substantial conduct required to prepare for or carry out the threatened act, including but not limited to gathering weapons, ammunition, body armor, vehicles, or materials required to manufacture a weapon of mass destruction. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 174, sec. 35, effective July 15, 2024. -- Amended 2020 Ky. Acts ch. 5, sec. 12, effective February 21, 2020. -- Amended 2019 Ky. Acts ch. 5, sec. 20, effective March 11, 2019.; and ch. 96, sec. 1, effective June 27, 2019. -- Amended 2019 Ky. Acts ch. 96, sec. 1, effective June 27, 2019 -- Created 2001 Ky. Acts ch. 113, sec. 2, effective June 21, 2001.

Notes of Decisions

Cited in 6 cases (2 in the last 5 years), 2008–2022 · leading case: S.D.O. v. Commonwealth, 255 S.W.3d 517 (Ky. Ct. App. 2008).

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S.D.O. v. Commonwealth, 255 S.W.3d 517 (Ky. Ct. App. 2008). · cites it 3× “As indicated, the note also refers to the list of names as a “hit list” and asks another child to add names if they wished to and he would get them too.”

Timothy John Felker v. Commonwealth of Kentucky (Ky. Ct. App. 2021). · cites it 4× “-4- Second-degree terroristic threatening is found in KRS 508.078 and provides, in relevant part: (1) A person is guilty of terroristic threatening in the second degree when, other than as provided in KRS 508.”

Adams v. Osborne (E.D. Ky. 2020). · cites it 4× “Fitch further testified that Adams’ comments were “terrifying things that you don’t want to hear as an KRS 508.078. 3 administrator because you have the responsibility of all the children and staff in your hands” and she was “absolutely” afraid for the children at that point.”

Adams v. Osborne (E.D. Ky. 2020). · cites it 2× “KRS 508.078. Concerned with what she perceived to be threats of violence, Osborne relayed her conversation with the Adamses to Kimberly Fitch, the Principal.”

SDO v. Com., 255 S.W.3d 517 (Ky. Ct. App. 2008). · cites it 3× “with terroristic threatening in the second degree, a class D felony pursuant to KRS 508.078. The petition alleges that S.”

Lewis v. Perkins (E.D. Ky. 2022). “1 Terroristic threatening in the third degree is defined by KRS 508.078, which provides: “[A] person is guilty of terroristic threatening in the third degree when…he threatens to commit any crime likely to result in death or serious physical injury to another person or likely to…”

— Ky. Rev. Stat. § 508.078(1)(a) — 1 case

Timothy John Felker v. Commonwealth of Kentucky (Ky. Ct. App. 2021). “-4- Second-degree terroristic threatening is found in KRS 508.078 and provides, in relevant part: (1) A person is guilty of terroristic threatening in the second degree when, other than as provided in KRS 508.”

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