(1) Any offense defined outside this code for which a law outside this code provides a
sentence to a term of imprisonment in the state for:
(a) At least one (1) but not more than five (5) years shall be deemed a Class D
felony;
(b) At least five (5) but not more than ten (10) years shall be deemed a Class C
felony;
(c) At least ten (10) but not more than twenty (20) years shall be deemed a Class
B felony;
(d) For at least twenty (20) but not more than fifty (50) years or for life shall be
deemed a Class A felony.
(2) Any offense defined outside this code for which a law outside this code provides a
sentence to a definite term of imprisonment with a maximum which falls between
ninety (90) days and twelve (12) months shall be deemed a Class A misdemeanor.
(3) Any offense defined outside this code for which a law outside this code provides a
sentence to a definite term of imprisonment with a maximum of less than ninety
(90) days shall be deemed a Class B misdemeanor.
(4) Any offense defined outside this code for which a law outside this code provides a
sentence to a fine only or to any other punishment, whether in combination with a
fine or not, other than death or imprisonment shall be deemed a violation.
Effective: July 15, 1998
History: Amended 1998 Ky. Acts ch. 606, sec. 74, effective July 15, 1998. -- Amended
1980 Ky. Acts ch. 309, sec. 5, effective July 15, 1980. -- Amended 1976 (1st Extra.
Sess.) Ky. Acts ch. 15, sec. 2, effective December 22, 1976. -- Created 1974 Ky.
Acts ch. 406, sec. 274, effective January 1, 1975.
Notes of Decisions
Cited in
28
cases (
4 in the last 5 years), 1977–2026 · leading case:
Hoskins v. Maricle, 150 S.W.3d 1 (Ky. 2004).
Hoskins v. Maricle, 150 S.W.3d 1 (Ky. 2004).
· cites it 2× “KRS 532.020(1)(b). The special prosecutor then moved the trial court to amend the indictment in accordance with the plea agreement, and Appellants filed motions to enter guilty pleas to the amended charges.”
Commonwealth v. Lundergan, 847 S.W.2d 729 (Ky. 1993).
· cites it 6× “080(5) and (10) and the Penal Code’s scheme for classifying felonies and misdemeanors found in KRS 532.020 can properly serve as the basis for disposing of this case.”
State v. Moya, 161 P.3d 862 (N.M. 2007).
· cites it 2× “Ky.Rev.Stat. Ann. § 532.020 (1999). And, in Tennessee, the lowest class of felony is punishable by a maximum of more than six years.”
Rudolph v. Commonwealth, 564 S.W.2d 1 (Ky. 1977).
· cites it 2× “020(l)(c). For a first-degree (third felony) persistent offender, if his last offense is a Class C felony the maximum penalty is between 10 and 20 years’ imprisonment, but if his last offense is a Class B felony the maximum penalty is between 20 years and life imprisonment.”
Mishler v. Commonwealth, 556 S.W.2d 676 (Ky. 1977).
“Mishler next asserts the trial court did not follow the mandatory sentencing procedures of KRS 532.020 and KRS 533.-010. The record does not disclose that these procedures were followed by the trial court; thus, remand is required for proper sentencing.”
Dunn v. Commonwealth, 703 S.W.2d 874 (Ky. 1985).
“990(7), which provides a penalty range of from one to five years, or a fine of from $3,000 to $5,000, or both, which offense is a Class D felony under KRS 532.020(1)(a). In considering the alleged error of excluding this evidence, we note that no argument is made, nor can it be,…”
Healthwise of Kentucky, Ltd. v. Anglin, 956 S.W.2d 213 (Ky. 1997).
“Regardless, KRS 532.020(3) provides as follows: Any offense defined outside this code for which a law outside this code provides a sentence to a definite term of imprisonment with a maximum of less than ninety (90) days shall be deemed a Class B misdemeanor.”
Cooper v. Commonwealth, 577 S.W.2d 34 (Ky. Ct. App. 1979).
“990(7); KRS 532.020(3). Cooper could have been consulted concerning the safeguarding of the car, and it may not have been necessary to incur the expense of removing the car by wrecker.”
Holbrooks v. Commonwealth, 85 S.W.3d 563 (Ky. 2002).
“055(5); and (5) enter a final judgment of conviction and sentence that reflects the first jury’s verdict and the trial court’s decision as to an appropriate sentence.”
R.O. v. A.C. ex rel. M.C., 384 S.W.3d 185 (Ky. Ct. App. 2012).
· cites it 2× “140; KRS 532.020(2). Given the severity of the penalty the circuit court could have imposed on both the original and amended charges, we conclude there is no reason *193 under the third guidepost to modify the punitive damages award.”
Campbell v. Commonwealth, 732 S.W.2d 878 (Ky. 1987).
“KRS 532.020(l)(a). By splitting the crime into two offenses, Theft and Burglary III, then recognizing the appellants’ status as persistent felony offenders which provides significantly increased sentences, and then ordering the enhanced sentences to run consecutively, the…”
Grider v. Commonwealth, 404 S.W.3d 859 (Ky. 2013).
“KRS 532.020(d). The legislature is obviously directing that, although a juvenile cannot be sentenced to death, he or she may still be subject to the lesser penalty of LWOP 25.”
— Ky. Rev. Stat. § 532.020(1) — 1 case
Holbrooks v. Commonwealth, 85 S.W.3d 563 (Ky. 2002).
“055(5); and (5) enter a final judgment of conviction and sentence that reflects the first jury’s verdict and the trial court’s decision as to an appropriate sentence.”
— Ky. Rev. Stat. § 532.020(1)(a) — 3 cases
Dunn v. Commonwealth, 703 S.W.2d 874 (Ky. 1985).
“990(7), which provides a penalty range of from one to five years, or a fine of from $3,000 to $5,000, or both, which offense is a Class D felony under KRS 532.020(1)(a). In considering the alleged error of excluding this evidence, we note that no argument is made, nor can it be,…”
— Ky. Rev. Stat. § 532.020(1)(b) — 2 cases
Hoskins v. Maricle, 150 S.W.3d 1 (Ky. 2004).
“KRS 532.020(1)(b). The special prosecutor then moved the trial court to amend the indictment in accordance with the plea agreement, and Appellants filed motions to enter guilty pleas to the amended charges.”
— Ky. Rev. Stat. § 532.020(1)(c) — 1 case
— Ky. Rev. Stat. § 532.020(1)(d) — 1 case
— Ky. Rev. Stat. § 532.020(2) — 6 cases
Commonwealth v. Lundergan, 847 S.W.2d 729 (Ky. 1993).
“080(5) and (10) and the Penal Code’s scheme for classifying felonies and misdemeanors found in KRS 532.020 can properly serve as the basis for disposing of this case.”
R.O. v. A.C. ex rel. M.C., 384 S.W.3d 185 (Ky. Ct. App. 2012).
“140; KRS 532.020(2). Given the severity of the penalty the circuit court could have imposed on both the original and amended charges, we conclude there is no reason *193 under the third guidepost to modify the punitive damages award.”
— Ky. Rev. Stat. § 532.020(3) — 2 cases
Healthwise of Kentucky, Ltd. v. Anglin, 956 S.W.2d 213 (Ky. 1997).
“Regardless, KRS 532.020(3) provides as follows: Any offense defined outside this code for which a law outside this code provides a sentence to a definite term of imprisonment with a maximum of less than ninety (90) days shall be deemed a Class B misdemeanor.”
Cooper v. Commonwealth, 577 S.W.2d 34 (Ky. Ct. App. 1979).
“990(7); KRS 532.020(3). Cooper could have been consulted concerning the safeguarding of the car, and it may not have been necessary to incur the expense of removing the car by wrecker.”
— Ky. Rev. Stat. § 532.020(4) — 1 case
— Ky. Rev. Stat. § 532.020(d) — 1 case
Grider v. Commonwealth, 404 S.W.3d 859 (Ky. 2013).
“KRS 532.020(d). The legislature is obviously directing that, although a juvenile cannot be sentenced to death, he or she may still be subject to the lesser penalty of LWOP 25.”
— Ky. Rev. Stat. § 532.020(l)(a) — 3 cases
Campbell v. Commonwealth, 732 S.W.2d 878 (Ky. 1987).
“KRS 532.020(l)(a). By splitting the crime into two offenses, Theft and Burglary III, then recognizing the appellants’ status as persistent felony offenders which provides significantly increased sentences, and then ordering the enhanced sentences to run consecutively, the…”
— Ky. Rev. Stat. § 532.020(l)(b) — 3 cases
Hoskins v. Maricle, 150 S.W.3d 1 (Ky. 2004).
“KRS 532.020(1)(b). The special prosecutor then moved the trial court to amend the indictment in accordance with the plea agreement, and Appellants filed motions to enter guilty pleas to the amended charges.”
Rudolph v. Commonwealth, 564 S.W.2d 1 (Ky. 1977).
“020(l)(c). For a first-degree (third felony) persistent offender, if his last offense is a Class C felony the maximum penalty is between 10 and 20 years’ imprisonment, but if his last offense is a Class B felony the maximum penalty is between 20 years and life imprisonment.”
— Ky. Rev. Stat. § 532.020(l)(c) — 2 cases
Rudolph v. Commonwealth, 564 S.W.2d 1 (Ky. 1977).
“020(l)(c). For a first-degree (third felony) persistent offender, if his last offense is a Class C felony the maximum penalty is between 10 and 20 years’ imprisonment, but if his last offense is a Class B felony the maximum penalty is between 20 years and life imprisonment.”
— Ky. Rev. Stat. § 532.020(l)(d) — 1 case
R.O. v. A.C. ex rel. M.C., 384 S.W.3d 185 (Ky. Ct. App. 2012).
“140; KRS 532.020(2). Given the severity of the penalty the circuit court could have imposed on both the original and amended charges, we conclude there is no reason *193 under the third guidepost to modify the punitive damages award.”
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