(1) A person is guilty of intimidating a participant in the legal process when, by use of
harassing communications as described in KRS 525.080, physical force, or a threat
directed to a person he or she believes to be a participant in the legal process, he or
she:
(a) Influences, or attempts to influence, the testimony, vote, decision, or opinion
of that person;
(b) Induces, or attempts to induce, that person to avoid legal process summoning
him or her to testify;
(c) Induces, or attempts to induce, that person to absent himself or herself from
an official proceeding to which he has been legally summoned;
(d) Induces, or attempts to induce, that person to withhold a record, document, or
other object from an official proceeding;
(e) Induces, or attempts to induce, that person to alter, destroy, mutilate, or
conceal an object with intent to impair the object's integrity or availability for
use in an official proceeding; or
(f) Hinders, delays, or prevents the communication to a law enforcement officer
or judge of information relating to the possible commission of an offense or a
violation of conditions of probation, parole or release pending judicial
proceedings.
(2) For purposes of this section:
(a) An official proceeding need not be pending or about to be instituted at the
time of the offense; and
(b) The testimony, record, document, or other object need not be admissible in
evidence or free of a claim of privilege.
(3) Intimidating a participant in the legal process is a Class D felony.
(4) In order for a person to be convicted of a violation of this section, the act against a
participant in the legal process or the immediate family of a participant in the legal
process shall be related to the performance of a duty or role played by the
participant in the legal process.
Effective: July 15, 2024
History: Amended 2024 Ky. Acts ch. 174, sec. 41, effective July 15, 2024. -- Amended
2002 Ky. Acts ch. 251, sec. 2, effective July 15, 2002. -- Amended 1986 Ky. Acts
ch. 212, sec. 5, effective July 15, 1986. -- Created 1974 Ky. Acts ch. 406, sec. 203,
effective January 1, 1975.
Notes of Decisions
Cited in
31
cases (
9 in the last 5 years), 1982–2026 · leading case:
Edmonds v. Commonwealth, 433 S.W.3d 309 (Ky. 2014).
Edmonds v. Commonwealth, 433 S.W.3d 309 (Ky. 2014).
· cites it 30× “Appellant was convicted under KRS 524.040(( )(f). As such, the Commonwealth was required to show that Appellant by use of physical force or a threat directed to a person he believes to be a participant in the legal process .”
Godby v. Commonwealth, 187 S.W.3d 857 (Ky. Ct. App. 2005).
· cites it 13× “Larry Godby appeals his conviction for intimidating a participant in the legal process (KRS 524.040) for which he was sentenced to one year’s imprisonment.”
Pettway v. Commonwealth, 470 S.W.3d 706 (Ky. 2015).
· cites it 7× “He raises two issues on appeal: (1) whether he could be convicted of intimidating a participant in the legal process under KRS 524.040 for intentionally killing Sheckles, and (2) whether delayed disclosures of discovery material by the Commonwealth constituted arbitrary state…”
Jackson v. Commonwealth, 487 S.W.3d 921 (Ky. Ct. App. 2016).
· cites it 10× “The' Court held that these statements could not support a’ charge under KRS 524.040: Under the instructions 'actually delivered; Appellant was entitled to a directed verdict.”
Hatfield v. Commonwealth, 250 S.W.3d 590 (Ky. 2008).
· cites it 2× “010, and intimidating a witness in a legal process, KRS 524.040, and therefore his motion for directed verdict should have been granted.”
Moreland v. Commonwealth, 322 S.W.3d 66 (Ky. 2010).
· cites it 4× “, the General Assembly amended KRS 524.040. At the time the crimes were committed against S.”
Radford v. Lovelace, 212 S.W.3d 72 (Ky. 2006).
· cites it 2× “KRS 524.040, intimidating a witness, states that there must be use of physical force or threat directed at the witness.”
Cecil v. Commonwealth, 297 S.W.3d 12 (Ky. 2009).
· cites it 2× “KRS 524.040(1)(f). Terroristic threatening in the third degree requires proof of a threat to commit a crime likely to result in death or serious physical injury.”
Rankin v. Commonwealth, 265 S.W.3d 227 (Ky. Ct. App. 2007).
· cites it 3× “Rankin makes four specific arguments in support of this allegation of er *232 ror: (1) that the statements made to Muir did not constitute a threat under KRS 524.040; (2) that the alleged threat was made against Muir, a non-participant, and not Bailey; (3) that the alleged…”
Bishop v. Caudill, 87 S.W.3d 1 (Ky. 2002).
· cites it 2× “We do not question the grand jury's authority to investigate Pamela Kidd's alleged violations of KRS 524.040 and KRS 524.050 (though the prosecutor's affidavit does not allege the commission of an offense but only a threat to commit an offense).”
Collins v. Hudson, 48 S.W.3d 1 (Ky. 2001).
“This statute provides that, Law enforcement officers and attorneys for the Commonwealth shall provide information to victims and witnesses on how they may be protected from intimidation, harassment, and retaliation as defined in KRS 524.040, 524.045 or 524.055. Appellants make…”
Kentucky Bar Ass'n v. Daniels, 193 S.W.3d 754 (Ky. 2006).
“100, and in Hardin Circuit Court to one count of Intimidating a Participant in the Legal Process, Complicity, KRS 524.040. Both of these crimes are Class D felonies.”
— Ky. Rev. Stat. § 524.040(1) — 5 cases
Edmonds v. Commonwealth, 433 S.W.3d 309 (Ky. 2014).
“Appellant was convicted under KRS 524.040(( )(f). As such, the Commonwealth was required to show that Appellant by use of physical force or a threat directed to a person he believes to be a participant in the legal process .”
Jackson v. Commonwealth, 487 S.W.3d 921 (Ky. Ct. App. 2016).
“The' Court held that these statements could not support a’ charge under KRS 524.040: Under the instructions 'actually delivered; Appellant was entitled to a directed verdict.”
— Ky. Rev. Stat. § 524.040(1)(f) — 3 cases
Cecil v. Commonwealth, 297 S.W.3d 12 (Ky. 2009).
“KRS 524.040(1)(f). Terroristic threatening in the third degree requires proof of a threat to commit a crime likely to result in death or serious physical injury.”
— Ky. Rev. Stat. § 524.040(2) — 2 cases
Edmonds v. Commonwealth, 433 S.W.3d 309 (Ky. 2014).
“Appellant was convicted under KRS 524.040(( )(f). As such, the Commonwealth was required to show that Appellant by use of physical force or a threat directed to a person he believes to be a participant in the legal process .”
Jackson v. Commonwealth, 487 S.W.3d 921 (Ky. Ct. App. 2016).
“The' Court held that these statements could not support a’ charge under KRS 524.040: Under the instructions 'actually delivered; Appellant was entitled to a directed verdict.”
— Ky. Rev. Stat. § 524.040(2)(a) — 4 cases
Edmonds v. Commonwealth, 433 S.W.3d 309 (Ky. 2014).
“Appellant was convicted under KRS 524.040(( )(f). As such, the Commonwealth was required to show that Appellant by use of physical force or a threat directed to a person he believes to be a participant in the legal process .”
Jackson v. Commonwealth, 487 S.W.3d 921 (Ky. Ct. App. 2016).
“The' Court held that these statements could not support a’ charge under KRS 524.040: Under the instructions 'actually delivered; Appellant was entitled to a directed verdict.”
— Ky. Rev. Stat. § 524.040(3) — 1 case
— Ky. Rev. Stat. § 524.040(4) — 1 case
Edmonds v. Commonwealth, 433 S.W.3d 309 (Ky. 2014).
“Appellant was convicted under KRS 524.040(( )(f). As such, the Commonwealth was required to show that Appellant by use of physical force or a threat directed to a person he believes to be a participant in the legal process .”
— Ky. Rev. Stat. § 524.040(9) — 1 case
Edmonds v. Commonwealth, 433 S.W.3d 309 (Ky. 2014).
“Appellant was convicted under KRS 524.040(( )(f). As such, the Commonwealth was required to show that Appellant by use of physical force or a threat directed to a person he believes to be a participant in the legal process .”
— Ky. Rev. Stat. § 524.040(l)(a) — 2 cases
Edmonds v. Commonwealth, 433 S.W.3d 309 (Ky. 2014).
“Appellant was convicted under KRS 524.040(( )(f). As such, the Commonwealth was required to show that Appellant by use of physical force or a threat directed to a person he believes to be a participant in the legal process .”
Moreland v. Commonwealth, 322 S.W.3d 66 (Ky. 2010).
“, the General Assembly amended KRS 524.040. At the time the crimes were committed against S.”
— Ky. Rev. Stat. § 524.040(l)(f) — 2 cases
Cecil v. Commonwealth, 297 S.W.3d 12 (Ky. 2009).
“KRS 524.040(1)(f). Terroristic threatening in the third degree requires proof of a threat to commit a crime likely to result in death or serious physical injury.”
Edmonds v. Commonwealth, 433 S.W.3d 309 (Ky. 2014).
“Appellant was convicted under KRS 524.040(( )(f). As such, the Commonwealth was required to show that Appellant by use of physical force or a threat directed to a person he believes to be a participant in the legal process .”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.