Ky. Rev. Stat. » Chapter 509
Kentucky Revised Statutes

Ky. Rev. Stat. § 509.030 (2026)

Unlawful imprisonment in the second degree

✓ current as of May 2026
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(1) A person is guilty of unlawful imprisonment in the second degree when he knowingly and unlawfully restrains another person. (2) Unlawful imprisonment in the second degree is a Class A misdemeanor. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 75, effective January 1, 1975.

Notes of Decisions
Cited in 16 cases (8 in the last 5 years), 1978–2026 · leading case: Commonwealth v. Higgs, 59 S.W.3d 886 (Ky. 2001).
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Commonwealth v. Higgs, 59 S.W.3d 886 (Ky. 2001). · cites it 4× “020(4), and restrain, KRS 509.010(2), and defined kidnapping and unlawful imprisonment in the first and second degrees in accordance with the statutory elements of those offenses.”
John Gray v. Commonwealth of Kentucky, 534 S.W.3d 211 (Ky. 2017). · cites it 2× “KRS § 509.030(1) provides that "[a] person is guilty of unlawful imprisonment in the second degree when he knowingly and unlawfully restrains another person.”
Cannon v. Commonwealth, 777 S.W.2d 591 (Ky. 1989). · cites it 2× “KRS 509.030 sets out the elements of the crime of unlawful imprisonment in the second degree.”
Staples v. Commonwealth, 454 S.W.3d 803 (Ky. 2014). “050, and possibly second-degree unlawful imprisonment, KRS 509.030. And if the person removes the' child, he has committed at least custodial interference, KRS 509.”
United States v. Michael Johnson, 24 F.4th 590 (6th Cir. 2022). “020(1), and false imprisonment in the second degree if “he knowingly and unlawfully restrains another person,” Ky. Rev. Stat. § 509.030(1). See 52 F.3d at 582 .”
Stinnett v. Commonwealth, 364 S.W.3d 70 (Ky. 2011). “KRS 509.030(1). . He cites his compulsion to represent himself as a symptom óf his obsessive compulsive disorder and his narcissistic personality disorder.”
Thomas v. Commonwealth, 567 S.W.2d 299 (Ky. 1978). “” KRS 509.030(1). This offense is a Class D misdemeanor.”
Damron v. Commonwealth, 687 S.W.2d 138 (Ky. 1985). “The Commonwealth makes the convoluted argument that the appellant should have requested “an unlawful imprisonment instruction” per KRS 509.030, if he thought the evidence insufficient to convict him of kidnapping the church pianist.”
Zachery v. Commonwealth, 580 S.W.2d 220 (Ky. 1979). “020 and KRS 509.030). In the event he is convicted for unlawful imprisonment in the first degree, then in a separate proceeding it may be determined whether he is a persistent felony offender in the second degree.”
Dustin Aliff v. Mayfield Consum. Prods., LLC (Ky. Ct. App. 2026). · cites it 6× “020 addresses unlawful imprisonment in the first degree, and KRS 509.030 provides for the same violation in the second degree.”
Ballard v. Cope (E.D. Ky. 2023). · cites it 4× “§§ 509.030 and 522.030, respectively, provide that unlawful imprisonment in the second degree and official misconduct in the second degree are misdemeanors, while K.”
John C. Upton v. Commonwealth of Kentucky (Ky. 2024). “” KRS 509.030(1). The first– and second– degree unlawful imprisonment jury instructions were the same except that the first-degree instruction contained an instruction pertaining to the serious physical injury element.”
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— Ky. Rev. Stat. § 509.030(1) — 8 cases
John Gray v. Commonwealth of Kentucky, 534 S.W.3d 211 (Ky. 2017). “KRS § 509.030(1) provides that "[a] person is guilty of unlawful imprisonment in the second degree when he knowingly and unlawfully restrains another person.”
United States v. Michael Johnson, 24 F.4th 590 (6th Cir. 2022). “020(1), and false imprisonment in the second degree if “he knowingly and unlawfully restrains another person,” Ky. Rev. Stat. § 509.030(1). See 52 F.3d at 582 .”
Stinnett v. Commonwealth, 364 S.W.3d 70 (Ky. 2011). “KRS 509.030(1). . He cites his compulsion to represent himself as a symptom óf his obsessive compulsive disorder and his narcissistic personality disorder.”
Thomas v. Commonwealth, 567 S.W.2d 299 (Ky. 1978). “” KRS 509.030(1). This offense is a Class D misdemeanor.”
John C. Upton v. Commonwealth of Kentucky (Ky. 2024). “” KRS 509.030(1). The first– and second– degree unlawful imprisonment jury instructions were the same except that the first-degree instruction contained an instruction pertaining to the serious physical injury element.”
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