KRS 508.078: Terroristic threatening in the second degree.

(1) A person is guilty of terroristic threatening in the second degree when, other than as

provided in KRS 508.075, he or she intentionally:

(a) With respect to any scheduled, publicly advertised event open to the public,

any place of worship, any school function, any workplace, or any gathering of

three (3) or more persons, threatens to commit by any means, including by use

of a firearm, any act likely to result in death or serious physical injury to any

person. A threat directed at a person or persons at a sc heduled, publicly

advertised event open to the public, place of worship, school, workplace, or

gathering of three (3) or more persons does not need to identify a specific

person or persons or school in order for a violation of this section to occur;

(b) Makes false statements by any means, including by electronic

communication, indicating that an act likely to result in death or serious

physical injury is occurring or will occur for the purpose of:

1. Causing evacuation of a school building, school property , or school -

sanctioned activity;

2. Causing cancellation of school classes or school-sanctioned activity; or

3. Creating fear of death or serious physical injury among students,

parents, or school personnel;

(c) Makes false statements that he or she has placed a weapon of mass destruction

at any location other than one specified in KRS 508.075; or

(d) Without lawful authority places a counterfeit weapon of mass destruction at

any location other than one specified in KRS 508.075.

(2) A counterfeit weapon of mass destruction is placed with lawful authority if it is

placed as part of an official training exercise by a public servant, as defined in KRS

522.010.

(3) A person is not guilty of commission of an offense under this section if h e or she,

innocently and believing the information to be true, communicates a threat made by

another person to school personnel, a peace officer, a law enforcement agency, a

public agency involved in emergency response, or a public safety answering point

and identifies the person from whom the threat was communicated, if known.

(4) Except as provided in subsection (5) of this section, terroristic threatening in the

second degree is a Class D felony.

(5) Terroristic threatening in the second degree is a Clas s C felony when, in addition to

violating subsection (1) of this section, the person intentionally engages in

substantial conduct required to prepare for or carry out the threatened act, including

but not limited to gathering weapons, ammunition, body armo r, vehicles, or

materials required to manufacture a weapon of mass destruction.