KRS 17.500: Definitions for KRS 17.500 to 17.580.

As used in KRS 17.500 to 17.580:

(1) "Approved provider" means a mental health professional licensed or certified in

Kentucky whose scope of practice includes providing mental health treatment

services and who is approved by the Sex Offender Risk Assessment Advisory

Board, under administrativ e regulations promulgated by the board, to provide

comprehensive sex offender presentence evaluations or treatment to adults and

youthful offenders, as defined in KRS 600.020;

(2) "Cabinet" means the Justice and Public Safety Cabinet;

(3) (a) Except as pro vided in paragraph (b) of this subsection, "criminal offense

against a victim who is a minor" means any of the following offenses if the

victim is under the age of eighteen (18) at the time of the commission of the

offense:

1. Kidnapping, as set forth in KRS 509.040, except by a parent;

2. Unlawful imprisonment, as set forth in KRS 509.020, except by a

parent;

3. Sex crime;

4. Promoting a sexual performance of a minor, as set forth in KRS

531.320;

5. Human trafficking involving commercial sexual activity, as set forth in

KRS 529.100;

6. Promoting human trafficking involving commercial sexual activity, as

set forth in KRS 529.110;

7. Promoting prostitution, as set forth in KRS 529.040, when the defendant

advances or profits from the prostitution of a person under the age of

eighteen (18);

8. Use of a minor in a sexual performance, as set forth in KRS 531.310;

9. Sexual abuse, as set forth in KRS 510.120 and 510.130;

10. Unlawful transaction with a minor in the first degree, as set forth in KRS

530.064(1)(a);

11. Any offense involving a minor or depictions of a minor, as set forth in

KRS Chapter 531;

12. Any attempt to commit any of the offenses described in subparagraphs

1. to 11. of this paragraph;

13. Solicitation to commit any of the offenses described in subparagraphs 1.

to 11. of this paragraph; or

14. Any offense from another state or territory, any federal offense, or any

offense subject to a court martial of the United States Armed Forces,

which is similar to any of the offenses described in subparagraphs 1. to

13. of this paragraph.

(b) Conduct which is criminal only because of the age of the victim shall not be

considered a criminal offense against a victim who is a minor if the

perpetrator was under the age of eighteen (18) at the time of the commission

of the offense;

(4) "Law enforcement agency" means any lawfully organized investigative agency,

sheriff's office, police u nit, or police force of federal, state, county, urban -county

government, charter county, city, consolidated local government, or a combination

of these, responsible for the detection of crime and the enforcement of the general

criminal federal or state laws;

(5) "Registrant" means:

(a) Any person eighteen (18) years of age or older at the time of the offense or

any youthful offender, as defined in KRS 600.020, who has committed:

1. A sex crime; or

2. A criminal offense against a victim who is a minor; or

(b) Any person required to register under KRS 17.510; or

(c) Any sexually violent predator; or

(d) Any person whose sexual offense has been diverted pursuant to KRS 533.250,

until the diversionary period is successfully completed;

(6) "Registrant information " means the name, including any lawful name change

together with the previous name, Social Security number, age, race, sex, date of

birth, height, weight, hair and eye color, fingerprints, palm prints, DNA sample, a

photograph, aliases used, residence, motor vehicle operator's license number as well

as any other government -issued identification card numbers, if any, a brief

description of the crime or crimes committed, and other information the cabinet

determines, by administrative regulation, may be useful in the identification of

registrants;

(7) "Residence" means any place where a person sleeps. For the purposes of this

statute, a registrant may have more than one (1) residence. A registrant is required

to register each residence address;

(8) "Sex crime" means:

(a) A felony offense defined in KRS Chapter 510, KRS 529.100 or 529.110

involving commercial sexual activity, 530.020, 530.064(1)(a), 531.125,

531.310, 531.320, 531.335, 531.340, 531.365, 531.366, 531.367, or 531.368.

(b) A felony attempt to commit a felony offense specified in paragraph (a) of this

subsection; or

(c) A federal felony offense, a felony offense subject to a court -martial of the

United States Armed Forces, or a felony offense from another state or a

territory where the felony offense i s similar to a felony offense specified in

paragraph (a) of this subsection;

(9) "Sexual offender" means any person convicted of, pleading guilty to, or entering an

Alford plea to a sex crime as defined in this section, as of the date the verdict is

entered by the court;

(10) "Sexually violent predator" means any person who has been subjected to

involuntary civil commitment as a sexually violent predator, or a similar

designation, under a state, territory, or federal statutory scheme;

(11) "The board" means the Sex Offender Ris k Assessment Advisory Board created

under KRS 17.554;

(12) "Victim" has the same meaning as in KRS 421.500;

(13) "DNA sample" or "deoxyribonucleic acid sample" means a blood or swab specimen

from a person, as prescribed by administrative regulation, that is required to provide

a DNA sample pursuant to KRS 17.170 or 17.510, that shall be submitted to the

Department of Kentucky State Police forensic laboratory for law enforcement

identification purposes and inclusion in law enforcement identification database s;

and

(14) "Authorized personnel" means an agent of state government who is properly trained

in DNA sample collection pursuant to administrative regulation.