UNOFFICIAL COPY 23 RS SB 9/EN
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AN ACT relating to hazing. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 508 IS CREATED TO 3
READ AS FOLLOWS: 4
As used in Sections 1 to 4 of this Act, unless the context requires otherwise: 5
(1) "Hazing" means a direct action which substantially endangers the physical 6
health of a minor or student for the purpose of recruitment, initiation into, 7
affiliation with, or enhancing or maintaining membership or status within any 8
organization, including but not limited to actions which coerce or force a minor 9
or a student to: 10
(a) Violate federal or state criminal law; 11
(b) Consume any food, liquid, alcoholic liquid, drug, tobacco product, or other 12
controlled substance which subjects the minor or student to a risk of serious 13
physical injury; 14
(c) Endure brutality of a physical nature, including whipping, beating or 15
paddling, branding, or exposure to the elements; 16
(d) Endure brutality of a sexual nature; or 17
(e) Endure any other activity that creates a reasonable likelihood of serious 18
physical injury to the minor or student; 19
(2) "Organization": 20
(a) Means a number of persons who are associated with a school or 21
postsecondary education institution and each other, including a student 22
organization, fraternity, sorority, association, corporation, order, society, 23
corps, club, or similar group; and 24
(b) Includes any student organization registered pursuant to the policies of the 25
school or postsecondary education institution at any time during the 26
previous five (5) years; and 27 UNOFFICIAL COPY 23 RS SB 9/EN
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(3) "Student" means an individual enrolled in a public or private school or 1
postsecondary program of study. 2
SECTION 2. A NEW SECTION OF KRS CHAPTER 508 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) A person is guilty of hazing in the first degree when he or she intentionally or 5
wantonly engages in an act of hazing that results in serious physical injury or 6
death to a minor or student. 7
(2) It shall be a defense under this section that the act was part of reasonable and 8
customary: 9
(a) Interscholastic or intercollegiate athletic practices, competitions, or events; 10
(b) Law enforcement training; or 11
(c) Military training. 12
(3) Hazing in the first degree is a Class D felony. Any sentence imposed on a 13
defendant under this section shall run concurrently with any sentence imposed 14
under KRS 508.060 or 508.070 arising from the same act or occurrence. 15
SECTION 3. A NEW SECTION OF KRS CHAPTER 508 IS CREATED TO 16
READ AS FOLLOWS: 17
(1) A person is guilty of hazing in the second degree when he or she recklessly 18
engages in an act of hazing. 19
(2) It shall be a defense under this section that the act was part of reasonable and 20
customary: 21
(a) Interscholastic or intercollegiate athletic practices, competitions, or events; 22
(b) Law enforcement training; or 23
(c) Military training. 24
(3) Hazing in the second degree is a Class A misdemeanor. Any sentence imposed on 25
a defendant under this section shall run concurrently with any sentence imposed 26
under KRS 508.060 or 508.070 arising from the same act or occurrence. 27 UNOFFICIAL COPY 23 RS SB 9/EN
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SECTION 4. A NEW SECTION OF KRS CHAPTER 508 IS CREATED TO 1
READ AS FOLLOWS: 2
Nothing in Sections 1 to 4 of this Act shall be construed to create or imply a new cause 3
of action against any educational institution. 4
Section 5. This Act may be cited as Lofton's Law. 5