508.0 32 Assault of family member or member of an unmarried couple -- 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 perpet rator 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 t his 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 convi ct 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 perio d 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 n determining the five (5) year perio d 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. Effective: July 14, 2000 History: Amended 2000 Ky. Acts ch. 401, sec. 39, effective July 14, 2000. -- Created 1996 Ky. Acts ch. 345, sec. 2, effective July 15, 1996.
Kentucky Legal Code