The following definitions apply in this chapter unless the context otherwise requires:
(1) "Judge" means, with reference to intimidating a participant in the legal process, any
current justice or judge of the Court of Justice, a trial commissioner of the Court of
Justice, and any person serving as a judge at a trial or judicial proceeding of or
authorized by the Court of Justice. With reference to retaliating against a participant
in the legal process, the term "judge" also includes a former justice or judge of the
Court of Justice, a trial commissioner of the Court of Justice, and any person
serving as a judge at a trial or judicial proceeding authorized by the Court of Justice.
The term includes persons who have been elected or appointed, but have not yet
taken office.
(2) "Juror" means a person who is or has been a member of any impaneled jury,
including a grand jury, and includes any person who has been drawn or summoned
to attend as a prospective juror.
(3) "Participant in the legal process" means any judge, prosecutor, attorney defending a
criminal case, juror, or witness and includes members of the participant's immediate
family.
(4) "Official proceeding" means a proceeding heard before any legislative, judicial,
administrative or other governmental agency or official authorized to hear evidence
under oath, including any referee, hearing examiner, commissioner, notary or other
person taking testimony or depositions in any such proceedings.
(5) "Pecuniary benefit" means benefit in the form of money, property, commercial
interests, or anything else the primary significance of which is economic gain.
(6) "Physical evidence" means any article, object, document, record, or other thing of
physical substance.
(7) "Prosecutor" means, with reference to intimidating a participant in the legal process,
a current Commonwealth's attorney, assistant Commonwealth's attorney, county
attorney, assistant county attorney, Attorney General, deputy attorney general,
assistant attorney general, or special prosecutor appointed pursuant to law. With
reference to retaliating against a participant in the legal process, the term
"prosecutor" also includes a former Commonwealth's attorney, assistant
Commonwealth's attorney, county attorney, assistant county attorney, Attorney
General, deputy attorney general, assistant attorney general, or special prosecutor
appointed pursuant to law.
(8) "Threat" means any direct threat to kill or injure a person protected by this chapter
or an immediate family member of such a person. Persons protected by this chapter
include persons who have been elected or appointed but have not yet taken office.
(9) "Witness" means any person who may be called to testify in an official proceeding,
has been called to testify in an official proceeding, is testifying in an official
proceeding, or who has testified in an official proceeding.
Effective: July 15, 2002
History: Amended 2002 Ky. Acts ch. 251, sec. 1, effective July 15, 2002. -- Created
1974 Ky. Acts ch. 406, sec. 200, effective January 1, 1975.
Notes of Decisions
Cited in
12
cases (
5 in the last 5 years), 2004–2026 · leading case:
Edmonds v. Commonwealth, 433 S.W.3d 309 (Ky. 2014).
Edmonds v. Commonwealth, 433 S.W.3d 309 (Ky. 2014).
· cites it 10× “040 in 2002, it also amended KRS 524.010, which provides the definitions for KRS Chapter 524.”
Page v. Commonwealth, 149 S.W.3d 416 (Ky. 2004).
· cites it 4× “[1] KRS 524.010. [2] E.g., Love v. Commonwealth, 55 S.”
Owens v. Commonwealth, 329 S.W.3d 307 (Ky. 2011).
· cites it 3× “” Given that the evidence at trial on this charge dealt only with items that clearly meet the definition of "physical evidence” contained in KRS 524.010(6), the reference to "evidence” instead of "physical evidence” would alone not be prejudicial.”
Godby v. Commonwealth, 187 S.W.3d 857 (Ky. Ct. App. 2005).
· cites it 8× “Also effective July 15, 2002, KRS 524.010, “Definitions”, was amended to add, as section (8), the definition of “threat” as “any direct threat to kill or injure a person protected by this chapter or an immediate family member of such a person.”
Rankin v. Commonwealth, 265 S.W.3d 227 (Ky. Ct. App. 2007).
· cites it 2× “Consequently, Rankin alleges that he could not be convicted for intimidating a participant in the legal process because Muir, who he alleges that he threatened, was not a “participant” under KRS 524.010(3). 1 Although Rankin argues that his threat was against Muir, we disagree…”
State v. Martine, 371 P.3d 510 (Or. Ct. App. 2016).
“…State Ann § 53a-146(8)), District of Columbia (DC Code § 22-723(a)), Hawaii (Haw Rev Stat § 710-1076(2)), Kentucky (Ky Rev Stat Ann § 524.010(6)), Montana (Mont Code Ann § 45-7-207(1)(a)), Nebraska (Nev Rev Stat § 28-922(2)), New Jersey (NJ State Ann § 2C:28-6(1)), New York…”
Jackson v. Commonwealth, 487 S.W.3d 921 (Ky. Ct. App. 2016).
· cites it 2× “” KRS 524.010(3). Those persons, as judicial officers or licensed attorneys (and thus officers of the court) are always participants in the legal process, by nature of their roles.”
— Ky. Rev. Stat. § 524.010(1) — 1 case
Edmonds v. Commonwealth, 433 S.W.3d 309 (Ky. 2014).
“040 in 2002, it also amended KRS 524.010, which provides the definitions for KRS Chapter 524.”
— Ky. Rev. Stat. § 524.010(3) — 6 cases
Edmonds v. Commonwealth, 433 S.W.3d 309 (Ky. 2014).
“040 in 2002, it also amended KRS 524.010, which provides the definitions for KRS Chapter 524.”
Rankin v. Commonwealth, 265 S.W.3d 227 (Ky. Ct. App. 2007).
“Consequently, Rankin alleges that he could not be convicted for intimidating a participant in the legal process because Muir, who he alleges that he threatened, was not a “participant” under KRS 524.010(3). 1 Although Rankin argues that his threat was against Muir, we disagree…”
Jackson v. Commonwealth, 487 S.W.3d 921 (Ky. Ct. App. 2016).
“” KRS 524.010(3). Those persons, as judicial officers or licensed attorneys (and thus officers of the court) are always participants in the legal process, by nature of their roles.”
Godby v. Commonwealth, 187 S.W.3d 857 (Ky. Ct. App. 2005).
“Also effective July 15, 2002, KRS 524.010, “Definitions”, was amended to add, as section (8), the definition of “threat” as “any direct threat to kill or injure a person protected by this chapter or an immediate family member of such a person.”
— Ky. Rev. Stat. § 524.010(6) — 3 cases
Owens v. Commonwealth, 329 S.W.3d 307 (Ky. 2011).
“” Given that the evidence at trial on this charge dealt only with items that clearly meet the definition of "physical evidence” contained in KRS 524.010(6), the reference to "evidence” instead of "physical evidence” would alone not be prejudicial.”
Page v. Commonwealth, 149 S.W.3d 416 (Ky. 2004).
“[1] KRS 524.010. [2] E.g., Love v. Commonwealth, 55 S.”
State v. Martine, 371 P.3d 510 (Or. Ct. App. 2016).
“…State Ann § 53a-146(8)), District of Columbia (DC Code § 22-723(a)), Hawaii (Haw Rev Stat § 710-1076(2)), Kentucky (Ky Rev Stat Ann § 524.010(6)), Montana (Mont Code Ann § 45-7-207(1)(a)), Nebraska (Nev Rev Stat § 28-922(2)), New Jersey (NJ State Ann § 2C:28-6(1)), New York…”
— Ky. Rev. Stat. § 524.010(7) — 1 case
— Ky. Rev. Stat. § 524.010(8) — 5 cases
Godby v. Commonwealth, 187 S.W.3d 857 (Ky. Ct. App. 2005).
“Also effective July 15, 2002, KRS 524.010, “Definitions”, was amended to add, as section (8), the definition of “threat” as “any direct threat to kill or injure a person protected by this chapter or an immediate family member of such a person.”
Edmonds v. Commonwealth, 433 S.W.3d 309 (Ky. 2014).
“040 in 2002, it also amended KRS 524.010, which provides the definitions for KRS Chapter 524.”
— Ky. Rev. Stat. § 524.010(9) — 1 case
Edmonds v. Commonwealth, 433 S.W.3d 309 (Ky. 2014).
“040 in 2002, it also amended KRS 524.010, which provides the definitions for KRS Chapter 524.”
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