508.032 Assault of family member or member of an unmarried couple --

202 words·~1 min read·/ky/508-032

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Enhancement of penalty.

(1)If a person commits a third or subsequent offense of assault in the fourth degree

under KRS 508.030 within five

(5)years, and the relationship between the

perpetrator and the victim in each of the offenses meets the definition of family

member or member of an unmarried couple, as defined in KRS 403.720, then the

person may be convicted of a Class D felony. If the Commonwealth desires to

utilize the provisions of this section, the Commonwealth shall indict the defendant

and the case shall be tried in the Circuit Court as a felony case. The jury, or judge if

the trial is without a jury, may decline to assess a felony penalty in a case under this

section and may convict the defendant of a misdemeanor. The victim in the second

or subsequent offense is not required to be the same person who was assaulted in

the prior offenses in order for the provisions of this section to apply.

(2)In determining the five

(5)year period under this section, the period shall be

measured from the dates on which the offenses occurred for which the judgments of

conviction were entered by a court of competent jurisdiction.