508.078 Terroristic threatening in the second degree.
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/ky/chapter-508/508-078A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)A person is guilty of terroristic threatening in the second degree when, other than as
provided in KRS 508.075, he or she intentionally:
(a)With respect to any scheduled, publicly advertised event open to the public,
any place of worship, any school function, any workplace, or any gathering of
three
(3)or more persons, threatens to commit by any means, including by use
of a firearm, any act likely to result in death or serious physical injury to any
person. A threat directed at a person or persons at a scheduled, publicly
advertised event open to the public, place of worship, school, workplace, or
gathering of three
(3)or more persons does not need to identify a specific
person or persons or school in order for a violation of this section to occur;
(b)Makes false statements by any means, including by electronic
communication, indicating that an act likely to result in death or serious
physical injury is occurring or will occur for the purpose of:
1. Causing evacuation of a school building, school property, or school-
sanctioned activity;
2. Causing cancellation of school classes or school-sanctioned activity; or
3. Creating fear of death or serious physical injury among students,
parents, or school personnel;
(c)Makes false statements that he or she has placed a weapon of mass destruction
at any location other than one specified in KRS 508.075; or
(d)Without lawful authority places a counterfeit weapon of mass destruction at
any location other than one specified in KRS 508.075.
(2)A counterfeit weapon of mass destruction is placed with lawful authority if it is
placed as part of an official training exercise by a public servant, as defined in KRS
522.010.
(3)A person is not guilty of commission of an offense under this section if he or she,
innocently and believing the information to be true, communicates a threat made by
another person to school personnel, a peace officer, a law enforcement agency, a
public agency involved in emergency response, or a public safety answering point
and identifies the person from whom the threat was communicated, if known.
(4)Except as provided in subsection
(5)of this section, terroristic threatening in the
second degree is a Class D felony.
(5)Terroristic threatening in the second degree is a Class C felony when, in addition to
violating subsection
(1)of this section, the person intentionally engages in
substantial conduct required to prepare for or carry out the threatened act, including
but not limited to gathering weapons, ammunition, body armor, vehicles, or
materials required to manufacture a weapon of mass destruction.