525.045 Terrorism.
352 words·~2 min read·
/ky/chapter-525/525-045A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)A person is guilty of the separate offense of terrorism if conviction of the
underlying offense committed would classify the person as a violent offender under
KRS 439.3401(1)(a) or (b), or the underlying offense was an offense under KRS
527.200, 527.205, or 527.210 and the person had the intent to:
(a)Intimidate the civilian population at large, or an identifiable group of the
civilian population; or
(b)Influence, through intimidation, the conduct or activities of the government of
the United States, the Commonwealth, any other state, or any unit of local
government.
(2)A conviction of terrorism shall be punishable by a term of imprisonment for life
without benefit of probation or parole. An offense under this section is a separate
offense from the underlying offense and shall not merge with other offenses.
(3)A person convicted under this section shall not be released on probation, shock
probation, parole, conditional discharge, or any other form of conditional release.
(a)All real and personal property used or intended for use in the course of,
derived from, or realized through an offense punishable pursuant to this
section shall be subject to lawful seizure and forfeiture to the Commonwealth
as set forth in KRS 218A.405 to 218A.460, except that any property seized
and forfeited to the Commonwealth under this section that was used in an act
of terror, as defined in KRS 411.025, shall be held for at least five
(5)years
for the purposes of paying any damages awarded under KRS 411.025.
(b)Notwithstanding paragraph
(a)of this subsection, any real or personal
property:
1. Taken by a lender in good faith as collateral for the extension of credit
and recorded as provided by law;
2. Of an owner who made a bona fide purchase of the property; or
3. Of a person with rightful possession of the property;
shall not be subject to forfeiture unless the lender, owner, or person had
knowledge of an offense under this section.
(5)Damages awarded pursuant to a successful claim under KRS 411.025 may be paid
by property lawfully seized and forfeited under this section.