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AN ACT relating to sex crimes. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 17.500 is amended to read as follows: 3
As used in KRS 17.500 to 17.580: 4
(1) "Approved provider" means a mental health professional licensed or certified in 5
Kentucky whose scope of practice includes providing mental health treatment 6
services and who is approved by the Sex Offender Risk Assessment Advisory 7
Board, under administrative regulations promulgated by the board, to provide 8
comprehensive sex offender presentence evaluations or treatment to adults and 9
youthful offenders, as defined in KRS 600.020; 10
(2) "Cabinet" means the Justice and Public Safety Cabinet; 11
(3) (a) Except as provided in paragraph (b) of this subsection, "criminal offense 12
against a victim who is a minor" means any of the following offenses if the 13
victim is under the age of eighteen (18) at the time of the commission of the 14
offense: 15
1. Kidnapping, as set forth in KRS 509.040, except by a parent; 16
2. Unlawful imprisonment, as set forth in KRS 509.020, except by a 17
parent; 18
3. Sex crime; 19
4. Promoting a sexual performance of a minor, as set forth in KRS 20
531.320; 21
5. Human trafficking involving commercial sexual activity, as set forth in 22
KRS 529.100; 23
6. Promoting human trafficking involving commercial sexual activity, as 24
set forth in KRS 529.110; 25
7. Promoting prostitution, as set forth in KRS 529.040, when the defendant 26
advances or profits from the prostitution of a person under the age of 27 UNOFFICIAL COPY 24 RS BR 911
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eighteen (18); 1
8. Use of a minor in a sexual performance, as set forth in KRS 531.310; 2
9. Sexual abuse, as set forth in KRS 510.120 and 510.130; 3
10. Unlawful transaction with a minor in the first degree, as set forth in KRS 4
530.064(1)(a); 5
11. Any offense involving a minor or depictions of a minor, as set forth in 6
KRS Chapter 531; 7
12. Any attempt to commit any of the offenses described in subparagraphs 8
1. to 11. of this paragraph; 9
13. Solicitation to commit any of the offenses described in subparagraphs 1. 10
to 11. of this paragraph; or 11
14. Any offense from another state or territory, any federal offense, or any 12
offense subject to a court martial of the United States Armed Forces, 13
which is similar to any of the offenses described in subparagraphs 1. to 14
13. of this paragraph. 15
(b) Conduct which is criminal only because of the age of the victim shall not be 16
considered a criminal offense against a victim who is a minor if the 17
perpetrator was under the age of eighteen (18) at the time of the commission 18
of the offense; 19
(4) "Law enforcement agency" means any lawfully organized investigative agency, 20
sheriff's office, police unit, or police force of federal, state, county, urban-county 21
government, charter county, city, consolidated local government, or a combination 22
of these, responsible for the detection of crime and the enforcement of the general 23
criminal federal or state laws; 24
(5) "Registrant" means: 25
(a) Any person eighteen (18) years of age or older at the time of the offense or 26
any youthful offender, as defined in KRS 600.020, who has committed: 27 UNOFFICIAL COPY 24 RS BR 911
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1. A sex crime; or 1
2. A criminal offense against a victim who is a minor; or 2
(b) Any person required to register under KRS 17.510; or 3
(c) Any sexually violent predator; or 4
(d) Any person whose sexual offense has been diverted pursuant to KRS 533.250, 5
until the diversionary period is successfully completed; 6
(6) "Registrant information" means the name, including any lawful name change 7
together with the previous name, Social Security number, age, race, sex, date of 8
birth, height, weight, hair and eye color, fingerprints, palm prints, DNA sample, a 9
photograph, aliases used, residence, motor vehicle operator's license number as well 10
as any other government-issued identification card numbers, if any, a brief 11
description of the crime or crimes committed, and other information the cabinet 12
determines, by administrative regulation, may be useful in the identification of 13
registrants; 14
(7) "Residence" means any place where a person sleeps. For the purposes of this 15
statute, a registrant may have more than one (1) residence. A registrant is required 16
to register each residence address; 17
(8) "Sex crime" means: 18
(a) A felony offense defined in KRS Chapter 510, KRS 529.100 or 529.110 19
involving commercial sexual activity, 530.020, 530.064(1)(a), 531.310, 20
531.320, [or ]531.335, or 531.340; 21
(b) A felony attempt to commit a felony offense specified in paragraph (a) of this 22
subsection; or 23
(c) A federal felony offense, a felony offense subject to a court-martial of the 24
United States Armed Forces, or a felony offense from another state or a 25
territory where the felony offense is similar to a felony offense specified in 26
paragraph (a) of this subsection; 27 UNOFFICIAL COPY 24 RS BR 911
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(9) "Sexual offender" means any person convicted of, pleading guilty to, or entering an 1
Alford plea to a sex crime as defined in this section, as of the date the verdict is 2
entered by the court; 3
(10) "Sexually violent predator" means any person who has been subjected to 4
involuntary civil commitment as a sexually violent predator, or a similar 5
designation, under a state, territory, or federal statutory scheme; 6
(11) "The board" means the Sex Offender Risk Assessment Advisory Board created 7
under KRS 17.554; 8
(12) "Victim" has the same meaning as in KRS 421.500; 9
(13) "DNA sample" or "deoxyribonucleic acid sample" means a blood or swab specimen 10
from a person, as prescribed by administrative regulation, that is required to provide 11
a DNA sample pursuant to KRS 17.170 or 17.510, that shall be submitted to the 12
Department of Kentucky State Police forensic laboratory for law enforcement 13
identification purposes and inclusion in law enforcement identification databases; 14
and 15
(14) "Authorized personnel" means an agent of state government who is properly trained 16
in DNA sample collection pursuant to administrative regulation. 17