The following definitions apply in this chapter, unless the context otherwise requires:
(1) "Contraband" means any article or thing which a person confined in a detention
facility is prohibited from obtaining or possessing by statute, departmental
regulation, or posted institutional rule or order;
(2) "Custody" means restraint by a public servant pursuant to a lawful arrest, detention,
or an order of court for law enforcement purposes, but does not include supervision
of probation or parole or constraint incidental to release on bail;
(3) "Dangerous contraband" means contraband which is capable of use to endanger the
safety or security of a detention facility or persons therein, including, but not limited
to, dangerous instruments as defined in KRS 500.080; any controlled substances;
any quantity of an alcoholic beverage; any quantity of marijuana; cell phones not
authorized under KRS 441.111; drones, unmanned aircraft, or other remotely
controlled vehicles, and any payload carried by those vehicles; and saws, files, and
similar metal cutting instruments;
(4) "Detention facility" means any building and its premises used for the confinement
of a person:
(a) Charged with or convicted of an offense;
(b) Alleged or found to be delinquent;
(c) Held for extradition or as a material witness; or
(d) Otherwise confined pursuant to an order of court for law enforcement
purposes;
(5) "Escape" means departure from custody or the detention facility in which a person
is held or detained when the departure is unpermitted, or failure to return to custody
or detention following a temporary leave granted for a specific purpose or for a
limited period; and
(6) As used in this section and KRS 520.015, "penitentiary" includes any facility
operated by the Department of Corrections and the confines of any work detail or
other detail, whether under guard or not, under the custody and control of the
Department of Corrections.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 61, sec. 2, effective June 27, 2019. -- Amended
2018 Ky. Acts ch. 190, sec. 1, effective July 14, 2018. -- Amended 2014 Ky. Acts ch.
94, sec. 3, effective July 15, 2014. -- Amended 1998 Ky. Acts ch. 606, sec. 170,
effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 211, sec. 133, effective July
14, 1992. -- Amended 1990 Ky. Acts ch. 497, sec. 23, effective July 13, 1990. --
Amended 1986 Ky. Acts ch. 297, sec. 1, effective July 15, 1986. -- Amended 1982
Ky. Acts ch. 405, sec. 1, effective July 15, 1982; and ch. 410, sec. 1, effective July
15, 1982. -- Created 1974 Ky. Acts ch. 406, sec. 169, effective January 1, 1975.
Notes of Decisions
Cited in
43
cases (
10 in the last 5 years), 1979–2025 · leading case:
Lawton v. Commonwealth, 354 S.W.3d 565 (Ky. 2011).
Lawton v. Commonwealth, 354 S.W.3d 565 (Ky. 2011).
· cites it 11× “” KRS 520.010(4). As Appellant points out, several different theories have been advanced by the Commonwealth, the trial court, and the Court of Appeals about how the second-degree escape statute applies to this case.”
Weaver v. Commonwealth, 156 S.W.3d 270 (Ky. 2005).
· cites it 8× “This issue is one of statutory interpretation, specifically whether Appellant's placement on home incarceration as a condition of pretrial release fits the definition of "custody" within the meaning of KRS 520.010(2). Pursuant to KRS 520.030, a person is guilty of escape in the…”
Lackey v. Commonwealth, 468 S.W.3d 348 (Ky. 2015).
· cites it 3× “KRS 520.010 Commentary (1976). . 2009 WL 735879 , No.”
Lovett v. Commonwealth, 103 S.W.3d 72 (Ky. 2003).
· cites it 2× “KRS 520.010(3); KRS 520.050. The record is silent as to the facts of the contraband conviction and Appellant does not assert that the basis for the conviction was other than drug-related.”
Riley v. Commonwealth, 120 S.W.3d 622 (Ky. 2003).
· cites it 2× “” 2 KRS 520.010(1). Firearms are considered to be “dangerous contraband.”
Cohron v. Commonwealth, 306 S.W.3d 489 (Ky. 2010).
· cites it 2× “[10] Cohron does not argue that he was entitled to an instruction on third-degree escape as to the May 28 escape charge.”
Commonwealth v. Kenley, 516 S.W.3d 362 (Ky. Ct. App. 2017).
· cites it 3× “]” KRS 520.010(1). Though “dangerous contraband” includes controlled substances, it only does so as a non-exhaustive list of items that are per se capable of endangering the safety or security of a detention facility.”
Reynolds v. Commonwealth, 113 S.W.3d 647 (Ky. Ct. App. 2003).
· cites it 2× “KRS 520.010(4). A defendant in jail on a misdemeanor conviction who fails to return to jail at the designated time while out on work-release may be convicted of the felony offense of escape in the second degree.”
Stinson v. Commonwealth, 396 S.W.3d 900 (Ky. 2013).
“020, or a detention facility as defined in KRS 520.010(4), staff or volunteer with a youth services organization, religious leader, health-care provider, or employer .”
Cooper v. Commonwealth, 648 S.W.2d 530 (Ky. Ct. App. 1982).
· cites it 4× “The distinction between “dangerous contraband” and “contraband” is found in KRS 520.010 which defines the former at subsection (3) to be “contraband which is capable of such use as may endanger the safety or security of a detention facility or persons therein [,]” and the latter…”
Commonwealth v. Shivley, 814 S.W.2d 572 (Ky. 1991).
“In O’Hara , KRS 520.010(3) was the focus of the requirement of possession of a specific quantity of marijuana to sustain a conviction under the statute.”
— Ky. Rev. Stat. § 520.010(1) — 2 cases
Riley v. Commonwealth, 120 S.W.3d 622 (Ky. 2003).
“” 2 KRS 520.010(1). Firearms are considered to be “dangerous contraband.”
Commonwealth v. Kenley, 516 S.W.3d 362 (Ky. Ct. App. 2017).
“]” KRS 520.010(1). Though “dangerous contraband” includes controlled substances, it only does so as a non-exhaustive list of items that are per se capable of endangering the safety or security of a detention facility.”
— Ky. Rev. Stat. § 520.010(2) — 9 cases
Weaver v. Commonwealth, 156 S.W.3d 270 (Ky. 2005).
“This issue is one of statutory interpretation, specifically whether Appellant's placement on home incarceration as a condition of pretrial release fits the definition of "custody" within the meaning of KRS 520.010(2). Pursuant to KRS 520.030, a person is guilty of escape in the…”
Cohron v. Commonwealth, 306 S.W.3d 489 (Ky. 2010).
“[10] Cohron does not argue that he was entitled to an instruction on third-degree escape as to the May 28 escape charge.”
— Ky. Rev. Stat. § 520.010(3) — 13 cases
Lovett v. Commonwealth, 103 S.W.3d 72 (Ky. 2003).
“KRS 520.010(3); KRS 520.050. The record is silent as to the facts of the contraband conviction and Appellant does not assert that the basis for the conviction was other than drug-related.”
Riley v. Commonwealth, 120 S.W.3d 622 (Ky. 2003).
“” 2 KRS 520.010(1). Firearms are considered to be “dangerous contraband.”
Commonwealth v. Shivley, 814 S.W.2d 572 (Ky. 1991).
“In O’Hara , KRS 520.010(3) was the focus of the requirement of possession of a specific quantity of marijuana to sustain a conviction under the statute.”
Commonwealth v. Kenley, 516 S.W.3d 362 (Ky. Ct. App. 2017).
“]” KRS 520.010(1). Though “dangerous contraband” includes controlled substances, it only does so as a non-exhaustive list of items that are per se capable of endangering the safety or security of a detention facility.”
— Ky. Rev. Stat. § 520.010(3)(b) — 1 case
— Ky. Rev. Stat. § 520.010(4) — 12 cases
Lawton v. Commonwealth, 354 S.W.3d 565 (Ky. 2011).
“” KRS 520.010(4). As Appellant points out, several different theories have been advanced by the Commonwealth, the trial court, and the Court of Appeals about how the second-degree escape statute applies to this case.”
Stinson v. Commonwealth, 396 S.W.3d 900 (Ky. 2013).
“020, or a detention facility as defined in KRS 520.010(4), staff or volunteer with a youth services organization, religious leader, health-care provider, or employer .”
Reynolds v. Commonwealth, 113 S.W.3d 647 (Ky. Ct. App. 2003).
“KRS 520.010(4). A defendant in jail on a misdemeanor conviction who fails to return to jail at the designated time while out on work-release may be convicted of the felony offense of escape in the second degree.”
— Ky. Rev. Stat. § 520.010(4)(a) — 1 case
— Ky. Rev. Stat. § 520.010(5) — 10 cases
Lawton v. Commonwealth, 354 S.W.3d 565 (Ky. 2011).
“” KRS 520.010(4). As Appellant points out, several different theories have been advanced by the Commonwealth, the trial court, and the Court of Appeals about how the second-degree escape statute applies to this case.”
Reynolds v. Commonwealth, 113 S.W.3d 647 (Ky. Ct. App. 2003).
“KRS 520.010(4). A defendant in jail on a misdemeanor conviction who fails to return to jail at the designated time while out on work-release may be convicted of the felony offense of escape in the second degree.”
— Ky. Rev. Stat. § 520.010(6) — 1 case
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